Indio City Council
December 4, 2024

Three-year subscription with Trakstar for employee evaluation software i... Page 249 of 310 6 b. Upon expiration or termination of the Agreement for any reason, (i) any amounts owed to Trakstar under all Order Forms before such expiration or termination will be immediately due and payable, and Client will promptly pay any and all such amounts (and with respect to any amounts not paid due to a reasonable dispute, such amounts will be paid at the time of, and to the extent required by, resolution of the dispute, together with Late Payment Fees (as defined below), if any), (ii) all access to or use of the Services specified under all Order Forms, and the associated System, will immediately terminate and Client and all Users will immediately cease accessing or using the Services and System, (iii) each Party will return to the other Party, or destroy, all property (including without limitation any Confidential Information) of the other Party in its possession or control and (iv) Client may access and download the Client Data (as defined below) from the System and, to the extent that Client requests the same within five (5) days of the expiration or termination date, Trakstar will, at Client’s e xpense, assist Client in downloading the Client Data in its then -current state but in a format reasonably acceptable to Client.

Trakstar will perform off-boarding activities in accordance with Trakstar’s standard procedures, a copy of which is available upon request.
c. Further, upon expiration or termination of the Agreement for any reason, Client acknowledges and agrees that, unless the parties have otherwise previously agreed in writing or Trakstar is otherwise required by law to do so, Trakstar is not obligated to retain any Client Data for longer than thirty (30) days after the date of expiration or termination and Client authorizes Trakstar to permanently delete all Client Data that remains in Trakstar's possession or control at the end of such 30 day period.

Client shall be solely responsible for downloading all Client Data and complying with all data retention laws applicable to Client.
d. The following Sections will survive the termination or expiration of this Agreement: 2.4; 3.2; 3.3; 8; 9.1; 9.2; 9.3; 9.4; 9.5; 10; 11.2; 11.3; 11.4; 12; 14; and 15.

3. Fees; Payment and Taxes.

3.1. Subscription Fees.

a. Client will pay Trakstar the “per seat” subscription fee set forth on the Order Form (the “Subscription Fee”), on an annual basis in advance upon receipt of invoice. Client must provide full legal name, full company name, a valid e-mail address, correct billing information and any other information requested, including any changes in this information throughout the term of the contract, in order to complete the payment process. Client acknowledges and agrees that if Client adds additional seats at any time(s) during the term, then Trakstar may invoice Client for such additional seats at the then- current Subscription Fee. All Subscription Fees are non-refundable with the exception of circumstances in which Client terminates this Agreement for Trakstar’s material, uncured breach in accordance with Section 2.3 above, in which case Client shall receive a pro-rated refund of the prepaid Subscription Fee for the remainder of the Contract Year (as defined below).
b. Client acknowledges and agrees that Subscription Fees, which are the fees paid for each “seat,” are fixed for each Contract Year during the term (provided that Client understands that it

Three-year subscription with Trakstar for employee evaluation software i... Page 250 of 310 7 will be required to pay for additional seats that it adds at any point(s) during the term), where “Contract Year” means each 12-month period during the term of the applicable Order Form, with the first Contract Year commencing on the effective date of such Order Form and each subsequent Contract Year commencing on the annual anniversary of such effective date. Trakstar may change the Subscription Fees for the next Contract Year upon providing at least seventy -five (75) days’ notice to Client. Trakstar may provide such notice by e- mail, posting to the Site or posting on the System itself, and Client hereby consents to receiving such notice in such manner.

3.2. Late Fees.

a. Client will pay all invoiced amounts to the extent not subject to reasonable dispute within thirty (30) days of the date of invoice unless otherwise expressly set forth in the applicable Order Form. Client will pay all invoiced amounts for subsequent years as set forth in the applicable Order Form within thirty (30) days of the date of invoice unless otherwise expressly set forth in the applicable Order Form. Client will pay all withheld invoiced amounts that had been subject to reasonable dispute to the extent and at the time required by resolution of the dispute. b. Until paid in full, all amounts that are not subject to good faith dispute that are not paid within thirty (30) days of the date of invoice may, at Trakstar's discretion, bear an interest charge at the lesser rate of twelve percent (12%) on an annualized basis or the maximum amount permitted under applicable law (the "Late Payment Fee"). With respect to amounts that were subject to good faith dispute, Client will promptly pay such amounts to the extent required by and at the time of the dispute resolution, together with the applicable Late Payment Fee, if any.

3.3. Taxes. All Subscription Fees are exclusive of, and Client will be responsible for, all taxes (including without limitation sales, value-added and similar taxes), duties and the like, other than taxes based upon or calculated by Trakstar's net income.

4. Service Level Commitment.

4.1. Availability; Service Level Exceptions. Trakstar shall use diligent, commercially reasonable efforts with the objective of making the System fully functional to Client at least 99.5% of the time, subject to the following exceptions (“Service Level Exceptions”), for which Trakstar will not be liable:
a. periodic maintenance procedures, enhancements, repairs or corrections with respect to the System or server(s), as deemed necessary by Trakstar (which Includes but is not limited to, infrequent product updates and improvements);
b. periods during which Trakstar has suspended Client’s access to the System as a result of Client’s material breach of this Agreement, which includes without limitation failure to make timely payment of amounts that are due and are not subject to reasonable dispute, provided that Trakstar notifies Client of such material breach and Client does not cure such breach within ten (10) days of receipt of notice;

Three-year subscription with Trakstar for employee evaluation software i... Page 251 of 310 8 c. acts or omissions of Client or its Users that cause the service level shortcoming or failure, which by way of illustration but not limitation include Client’s misuse of the System, scheduled or unscheduled outages of the User’s internet browser, known and persistent slow response time on a User’s internal network, or problems with the User’s computer hardware, telecommunications system or electricity; or
d. causes beyond the reasonable control of Trakstar or that are not reasonably foreseeable by Trakstar, including interruption or failure of telecommunication or digital transmission links, delays or failures due to Client’s Internet Service Provider (ISP), hostile network attacks, network congestion or other Force Majeure Event (as defined in Section 13 below).

4.2. Client Obligation. Client agrees that it shall notify Trakstar immediately if Client suspects the System is unavailable due to a fault of Trakstar. In such notice, Client shall provide reasonable information as requested by Trakstar for proper diagnosis and repair.

4.3. Outages. For purposes of this Agreement, an “ Outage” occurs when the System is unavailable to Client in Client’s hosted production environment for a reason other than a Service Level Exception and such unavailability causes the System not to meet the 99.5% availability objective (with any Service Level Exception time not counted toward the unavailable time). If an Outage occurs in three (3) consecutive months, then Client may terminate this Agreement upon providing written notice to Trakstar, provided that Client must exercise this right to terminate within thirty (30) days of the latest consecutive Outage or the Agreement will be considered in good standing.

5. Support.

5.1. First-Line Support. Client shall provide first -line support to its Users. Client shall appoint an “Internal Administrator” and notify Trakstar in writing regarding the Internal Administrator’s name and contact information. The Internal Administrator shall be responsible for: input of all Client -related information and data, User ID information, and organizational structure (including without limitation accurate job titles and/or roles, which will be used in connection with role -based access to the System); and training of Client’s Users. All User questions regarding the functioning of the System shall be directed first to Client’s Internal Administrator.

5.2. Second-Line Support. Provided that Client is current in its payment of Subscription Fees under this Agreement, Trakstar shall provide its standard technical support and maintenance to Client, solely through Client’s Internal Administrator, during Trakstar’s normal business hours (9:00 AM-8:00 PM Eastern Time M -F). Trakstar may provide such support via telephone, e -mail and other Internet based technology directly to Client’s Internal Administrator. Second-line support means direct technical support of the System, including, but not limited to: (a) direct response to the Internal Administrator’s inquiries concerning performance, functionality or operation of the System; (b) a direct response to reported problems for performance deficiencies with the System; (c) a diagnosis of problems for performance deficiencies of the System; and (d) a resolution of the problems for performance deficiencies of the

Three-year subscription with Trakstar for employee evaluation software i... Page 252 of 310 9 System. Trakstar shall also provide standard error correction and maintenance modifications to the System.

5.3. Additional Support. Notwithstanding the above, if Trakstar makes a reasonable business determination that the technical support requested by Client pursuant to Section 5.2 will entail detailed, specialized maintenance or support services different in kind or amount from those provided to other clients that subscribe to similar Services, then Trakstar shall notify Client that the requested support is considered an additional service which shall be subject to additional fees, to be negotiated.

5.4. Response Commitments.

Response Commitments – During our Business Hours (9:00 AM-8:00 PM Eastern Time M-F)
Severity Level Description Communication Sched
Critical The Services are non-operational, or
Users cannot access the System.
(post hourly)
High The Services are operational with
functional limitations or restrictions
but there is minimal business impact.
(post every 4 hours)
Standard The Services are operational with
functional limitations or restrictions
that are not critical to the overall
System operation, and the issue has a
moderate impact on the functionality
of the Services.
(post as required)

6. System Maintenance. Trakstar shall employ industry standard practices, using technical and organizational security measures customarily adhered to within the industry, to ensure the security, confidentiality and integrity of all Client data and other information or materials transmitted to or stored on the System by or on behalf of Client or any User (“ Client Data”). Trakstar shall make backups of the Client Data in the System on a daily incremental basis during the week on a rolling, 7-day basis, and a full backup each weekend.

Three-year subscription with Trakstar for employee evaluation software i... Page 253 of 310 10 7. Certain Client Obligations.

7.1. Client is responsible for all activity occurring under its account and will comply with all applicable local, state, national and foreign laws, treaties, and regulations in connection with its access or use of the System, including those related to data privacy, data security, international communications and the transmission of technical or personal data. Client will be solely responsible for ensuring that its Users receive sufficient training to enable proper access or use of the System. Client will be solely responsible for, and will bear the cost of, providing all equipment, facilities and connectivity, including without limitation any Internet access or telecommunications services, necessary to use and access the System.

7.2. A Client’s Users will access the System through Single Sign On (SSO) or non-SSO. If Client is to access the System through SSO, then Client will be responsible for administering the User credentials.

If Client is to access the System through non-SSO, then as part of the registration and account creation process, each of Client’s Users will need a unique user name (“User Name”) and password (“Password”).

User may not select a User Name that is identical to that used by another person or use a User Name that, in the sole opinion of Trakstar, is offensive or inappropriate. Client shall be solely responsible for its Users’ maintaining the confidentiality of Passwords. Client is solely responsible for all usage or activity on Client’s account, including but not limited to use of Client’s account, Client’s User Names, and Password by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Client’s account, in Trakstar’s sole discretion, and Trakstar may refer Client to appropriate law enforcement agencies.

8. Confidential Information; Personal Information.

8.1. Confidential Information.

a. For purposes of this Agreement, “ Confidential Information” means (i) with respect to each party, all nonpublic, business -specific information disclosed or otherwise made available under this Agreement (but in all cases excludes Personal Information, which is addressed in Section 8.2 below) that relates to the provision or receipt, respectively, of the Services or either party's suppliers, affiliates, investors, customers, products and/or services, pricing, research and development, technology, intellectual property, financial data, or operations and that is clearly identified as confidential at the time of disclosure or that, in light of the nature of the information itself or the circumstances surrounding its disclosure, ought in good faith to be deemed confidential, and (ii) with respect to Trakstar, the System and the Documentation.
b. Obligations. Client agrees to disclose to Trakstar only that Confidential Information of Client that is reasonably necessary to enable Trakstar to provide the Services, and Trakstar agrees to disclose to Client only that Confidential Information of Trakstar that is reasonably necessary to enable Client to receive the Services. The party receiving Confidential Information (the "Receiving Party") from the other party (the " Disclosing Party") will not use any Confidential Information of the Disclosing Party for any purpose other than the provision and receipt of Services under this Agreement, respectively,

Three-year subscription with Trakstar for employee evaluation software i... Page 254 of 310 11 in accordance with all terms and conditions of this Agreement. Further, the Receiving Party will disclose the Confidential Information of the Disclosing Party only to the employees or contractors of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party's duty hereunder. The Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. Client also agrees not to: (i) disclose to third parties (whether in writing or orally) any benchmark test data related to the System; and (ii) use Trakstar’s Confidential Information to create, or have a third party create, any computer software or documentation that is substantially similar to the System software. c. Termination of Obligations. The Receiving Party's obligations under this Section

8.1 with respect to any Confidential Information of the Disclosing Party will terminate if and when the Receiving Party can document that such information: (i) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (ii) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (iii) is, or through no fault of the Receiving Party has become, generally available to the public; or (iv) is independently developed by the Receiving Party without access to, or use of, the Disclosing Party's Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (1) approved in writing by the Disclosing Party; (2) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (3) required by law or by the order or a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party's reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. d. Return of Confidential Information. The Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party's possession or control and permanently erase all electronic copies of such C onfidential Information promptly upon the written request of the Disclosing Party.

8.2. Personal Information. Client Data might include information that can be used to identify, locate, or contact an individual, alone or when combined with other personal or identifying information (“Personal Information”). Each of the party’s rights and obligations with respect to Personal Information is set forth in Addendum A attached hereto.

9. Client Data; Client-Third Party System.

9.1. Client at all times has and will have sole responsibility:

a. with respect to Client Data, for the accuracy, quality, integrity, legality, reliability and appropriateness of all Client Data, and Client hereby represents, warrants and covenants to Trakstar that (i) Client has all necessary rights in all Client Data and other Confidential Information (including

Three-year subscription with Trakstar for employee evaluation software i... Page 255 of 310 12 without limitation all intellectual property rights and trade secrets rights), and has obtained all necessary consents, made all necessary disclosures and otherwise complied with all applicable laws and regulations, including without limitation all privacy and data security laws and regulations, to transmit, input, load and use such Client Data and/or other Confidential Information that it enters into the System and to allow Trakstar to provide the Services, as are required by applicable laws, rules or regulations and (ii) Client will be responsible for all appropriate safeguards for the privacy and security of such Client Data and other Confidential Information while the same is within Client’s custody or control, including without limitation the administrative, physical and technical safeguards regarding the same while such Client Data and other Confidential Information is within Client’s custody or control. b. with respect to any third party system, application, software or online service that Client requests Trakstar to access or use (each a “Client-Third Party System” and, collectively, the “Client- Third Party Systems”), for the quality, integrity, legality, reliability and appropriateness of all Client-Third Party Systems, and Client hereby represents, warrants and covenants to Trakstar that Client has all necessary rights in all Client -Third Party Systems (including without limitation all license and contract rights), and has obtained all necessary authorization from the relevant third parties, to have Trakstar access and use the Client -Third Party Systems pursuant t o Client’s written instructions to allow Trakstar to access and use such Client-Third Party Systems in connection with the Services.

9.2. where Client, by virtue of itself and/or the Client Data that is submitted to the System, is subject to the General Data Protection Regulation, Regulation (EU) 2016/679 (“ GDPR”), the terms of Trakstar’s data processing addendum attached as Addendum A (the “ DPA”), together with the Standard Contractual Clauses and Appendices thereto, form a part of and are hereby incorporated into this Agreement by this reference and apply to the extent Client Data includes Personal Information. For the sake of clarity, when interpreting the DPA, Client will be the data controller, and Trakstar will act as a data processor. In the event Personal Information is transferred from the European Economic Area (EEA), the United Kingdom and/or Switzerland, the Standard Contractual Clauses or another adequate means of protection will apply, as further set forth in the DPA. For the purposes of the Standard Contractual Clauses, Client and its applicable affiliates are each the data exporter, and Client’s acceptance of this Agreement will be treated as Client’s or its applicable affiliate’s execution of the Standard Contractual Clauses and Appendices.

9.3. where Client, by virtue of itself and/or the Client Data that is submitted to the System, is subject to other Data Regulations, Client shall at all times comply with the Data Regulations. For purposes of this Agreement, " Data Regulation" means any applicable data protection, privacy or similar law or regulation that applies to data processed in connection with this Agreement, including FTC Guidance, self- regulatory principles set forth by the Digital Advertising Alliance, the California Consumer Privacy Act of 2018 Cal. Civil Code § 1798.100 et seq. and other U.S. state and federal legislation relating to data privacy and security, in each instance with respect to each of the foregoing as such laws and regulations are amended and revised from time to time.

Three-year subscription with Trakstar for employee evaluation software i... Page 256 of 310 13 9.4. Client acknowledges that use of the Services involves transmission of Client Data and other communications over the internet and other networks, and that such transmissions could potentially be accessed by unauthorized parties. Client must promptly notify Traksta r of any suspected security breach at [email protected]. Client is fully responsible for any viruses, worms, Trojan horses, or other disabling code, malware component, or code or program harmful to a network or system (collectively, “Malware”) contained in or originating from Client Data, unless such Malware was introduced to the Client Data through Trakstar or originated from Trakstar. Trakstar is responsible for maintaining adequate security measures to protect against the introduction of Malware to the Client Data through its systems. Client hereby authorizes Trakstar to receive, maintain, modify, distribute and display Client Data during the term of this Agreement, solely to enable Trakstar to provide the Services to Client and as otherwise authorized under this Agreement. Client further authorizes Trakstar to collect anonymized Service information, such as usage or traffic patterns, and aggregate it with such data from other clients to generate statistical information to analyze and improve the Services and to develop, display and distribute Trakstar’s Insights benchmark and similar reports, provided that Trakstar takes reasonable measures to ensure this information cannot be associated with Client, Client’s Users, or any identifiable natural person and provided further that Trakstar may only use such anonymized and aggregate Service information in deidentified form and may not attempt to reidentify the information. Except as permitted in this Agreement, Trakstar will not edit, delete, or disclose the contents of Client Data unless authorized by Client or unless Trakstar is required to do so by law or in the good faith belief that such action is necessary to: (i) conform with applicable laws or comply with legal process served on Trakstar; (ii) protect and defend the rights or property of Trakstar; (iii) enforce this Agreement; or (iv) perform Trakstar’s obligations described in this Agreement, the Specifications or in conformance with Client’s instructions.

9.5. Client will be solely responsible where Client, a person or entity acting on behalf of Client or a User deletes, corrects, destroys, damages, loses or fails to store any Client Data.

10. Intellectual Property.

10.1. Trakstar Property. Client acknowledges that, as between Trakstar and Client, Trakstar is and will remain sole and exclusive owner of all right, title and interest in and to the System and Documentation, and all components and portions thereof, and all other materials, information, processes and technology used by Trakstar or made available to Client in connection with the Services, and any and all improvements, enhancements, updates, upgrades and modifications to any of the preceding (whether or not made in conjunction with this Agreement) and all Specific Works, and all patent, trade secret, copyright, trademark and other proprietary rights worldwide embodied in each of the preceding.

10.2. Client Property. As between Client and Trakstar, Client is and will remain the sole and exclusive owner of all right, title and interest in and to Client’s Confidential Information and the Client Data.

10.3. Protection of Proprietary Rights. Client shall not remove or obscure any proprietary, copyright, patent, trademark, design right, trade secret, or any other proprietary rights legends from the

Three-year subscription with Trakstar for employee evaluation software i... Page 257 of 310 14 System or Documentation.

11. Limited Warranty; Disclaimer.

11.1. Warranty. Trakstar represents and warrants that the System and the Services provided under this Agreement will substantially conform to the Specifications and the Documentation made available by Trakstar.

11.2. Disclaimer. Except as expressly provided in Section 11.1 above, Trakstar and its licensors disclaim any and all representations, warranties and conditions of any kind or nature, express or implied, whether written or oral, to the extent permitted by law. However, Trakstar does represent and warrant that:
(a) the Services will be of satisfactory quality and will perform substantially in accordance with the Specifications and Documentation; (b) the Services will be free of material defects; (c) Trakstar will use commercially reasonable efforts to ensure the Services are available and accessible to the Client, subject to planned downtime for maintenance; and (d) all deficiencies in the System or any Services can be found or corrected.

11.3. Acknowledgement. Where applicable, Client acknowledges that Trakstar has no control over, and no duty to take any action regarding: which of the Client’s Client Data the Client accesses via the System; what effects the Client Data may have on Client or any User; how Client may interpret or use the Client Data; or what actions Client may take as a result of having been exposed to the Client Data.

Client releases Trakstar from any and all liability for Client having acquired or not acquired, used or not used, relied upon or not relied upon, acted upon or not acted upon Client Data obtained or obtainable through the System. Trakstar makes no representations or warranties concerning the content of any Client Data contained in or accessed through the System, and Trakstar will not be responsible or liable for the accuracy, completeness, copyright compliance or legality of Client Data contained in or accessed through the System.

11.4. Exclusive Remedy. Except for the exclusive remedy as provided above for service level commitments, and except for the exclusive remedy provided by Trakstar for infringement, for any breach of warranty or the failure of Trakstar to provide the services as required herein (a “deficiency”), the Client’s sole and exclusive remedy and Trakstar’s entire obligation hereunder shall be, at Trakstar’s option, for Trakstar to cure the deficiency or for Trakstar to refund an amount equal to the amount Client paid for the deficiency reduced by any benefit received by Client for the deficiency.

12. Limitations of Liability; Indemnification.

12.1. Limitations.

a. T

O THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW , FOR ANY BREACH OR DEFAULT BY

TRAKSTAR OF ANY OF THE PROVISIONS OF THIS AGREEMENT OTHER THAN ANY BREACH OR DEFAULT OF ADDENDUM A, UNDER NO CIRCUMSTANCE WILL TRAKSTAR AND ITS LICENSORS’ ENTIRE LIABILITY, IF ANY, EXCEED ONE TIMES (1X) THE SUBSCRIPTION FEE ACTUALLY PAID BY CLIENT TO TRAKSTAR FOR THE CONTRACT YEAR IN WHICH THE CAUSE OF ACTION FIRST AROSE. TO THE

FULLEST EXTENT ALLOWED BY APPLICABLE LAW , FOR ANY BREACH OR DEFAULT BY TRAKSTAR OF ADDENDUM A, UNDER NO CIRCUMSTANCE WILL TRAKSTAR AND ITS LICENSORS’ ENTIRE LIABILITY, IF ANY, EXCEED ONE TIMES (1X) THE SUBSCRIPTION FEE

Three-year subscription with Trakstar for employee evaluation software i... Page 258 of 310 15 ACTUALLY PAID BY CLIENT TO TRAKSTAR FOR THE CONTRACT YEAR IN WHICH THE CAUSE OF ACTION FIRST AROSE.

b. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW , IN NO EVENT WILL TRAKSTAR AND ITS

LICENSORS BE LIABLE FOR SPECIAL , INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE , LOST BUSINESS REVENUE,

LOSS OF PROFITS , LOSS OF DATA , LOSS OF COVER , DAMAGES FOR DELAY , PUNITIVE OR EXEMPLARY DAMAGES , FAILURE TO

REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST CLIENT BY ANY OTHER PERSON, REGARDLESS OF THE FORUM

AND REGARDLESS OF WHETHER IN AN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING BUT NOT

LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF TRAKSTAR AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF

ANY SUCH LOSSES OR DAMAGES AND EVEN IF THE REMEDY SET FORTH HEREIN SHALL BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
c. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY ,

DISCLAIMER OF WARRANTIES , OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY TRAKSTAR TO CLIENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES . EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

12.2. Disclaimer. To the fullest extent allowed by law, Trakstar disclaims any liability or responsibility for the reliability, availability, or operability of the Services provided through the System. By using the System, Client acknowledge that Trakstar is not responsible or liable for any harm resulting from:
(a) use of the System; (b) the temporary or permanent inability to access or retrieve any content from the System; and (c) downloading information contained on the System, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program. The limitations specified in this Section will survive termination or expiration of this Agreement.

12.3. One Year Limit. No Party may bring an action, regardless of form, arising out of or related to this Agreement (other than to recover fees or expenses due to Trakstar) more than one year after the cause of action has arisen or the date of discovery of such cause, whichever is later.

12.4. Indemnification by Client. Subject to the provisions contained herein, Client agrees to defend, indemnify and hold Trakstar and its officers, directors, employees, agents, affiliates, licensors, distributors, and resellers harmless against any loss, damage, expense, or cost, including reasonable attorneys’ fees (including allocated costs for in-house legal services) (“Liabilities”) arising out of any claim, demand, proceeding, or lawsuit by a third party relating to Client’s acts or omissions related to Client’s representations, warranties and covenants set forth in Section 9.1.

12.5. Indemnification by Trakstar. In the event of a third party claim against Client asserting that Client’s use of the System infringes upon or violates any U.S. patent, copyright, trade secret, or other proprietary right, as Client’s exclusive remedy, Trakstar will defend, at Trakstar’s expense, and will indemnify Client and hold Client harmless against any loss, cost, expense (including attorneys’ fees), or liability arising out of such claim, whether or not such claim is successful. In the event an injunction or order should be obtained against use of the System by reason of the allegations, or if in Trakstar’s opinion the System is likely to become the subject of such a claim of infringement, Trakstar will, at its option and

Three-year subscription with Trakstar for employee evaluation software i... Page 259 of 310 16 its expense, and as Client’s exclusive remedy: (a) procure for the Client the right to continue using the System; (b) replace or modify the same so that it becomes non-infringing (such modification or replacement shall be functionally equivalent in all material respects to the original); or (c) if neit her (a) nor (b) is practicable, refund any prepaid subscription fees, on a pro-rated basis, for Services not rendered and terminate this Agreement. Notwithstanding the foregoing, Trakstar will not indemnify Client to the extent that the claim arises because Client altered the System or used it outside the scope of use identified in the Trakstar’s user documentation. In addition, Trakstar will not indemnify Client to the extent that an infringement claim is based upon (i) any information, design, specification, instruction, software, data, or material not furnished by Trakstar, or (ii) any system from a third party portal or other external source that is accessible to Client within or from the System (e.g., a third-party Web page accessed via a hyperlink) or (iii) based upon the combination of any system with any products or services not provided by Trakstar.

This Section provides Client’s exclusive remedy for any infringement claims or damages.

13. Force Majeure. Notwithstanding anything in this Agreement to the contrary, each party will be excused from performance hereunder (excluding payment obligations) for any period and to the extent that it is prevented from performing pursuant hereto, in whole or in part, as a result of delays caused by a Force Majeure Event. For purposes of this Agreement, “Force Majeure Event” means an act of God, war (whether or not actually declared), armed conflict or the serious threat of the same, hostility, blockade, military embargo, sabotage, insurrection, rebellion, act of a public enemy, riot or other act of civil disobedience, governmental act, judicial action, explosion, act of terrorism or threat thereof (including cyberterrorism), natural disaster (including without limitation asteroid strikes or volcanic activity), violent storm (including without limitation hurricanes, tornados or blizzards), atmospheric disturbance (including without limitation geomagnetic storm, solar flare or sun outage with respect to electricity grids, transformers and satellite transmissions), destruction by lightning, fire, earthquake, tsunami , flood, plague, epidemic, pan-epidemic, quarantine, civil commotion, strike or lockout or labor dispute (excluding for the avoidance of doubt strikes of Trakstar’s staff), satellite malfunction, prolonged internet outage, communications line failure or power failure.

14. Waiver of Jury Trials and Binding Arbitration.

14.1. CLIENT AND TRAKSTAR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT CLIENT WOULD HAVE IF CLIENT WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE -EXISTING, PRESENT OR FUTURE, AND

INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE

AND EQUITABLE CLAIMS) BETWEEN CLIENT AND TRAKSTAR ARISING FROM OR RELATING IN ANY WAY TO CLIENT’S SUBSCRIPTION TO, ACCESS TO, OR USE OF THE SYSTEM WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

14.2. The arbitration will be administered by the American Arbitration Association ("AAA ") under its Commercial Arbitration Rules and Mediation Procedures (" Commercial Rules"). The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s)

Three-year subscription with Trakstar for employee evaluation software i... Page 260 of 310 17 will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

14.3. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

15. Miscellaneous.

15.1. Assignment. Neither party may assign this Agreement without the other party's prior written consent (not to be unreasonably delayed, conditioned or withheld), and any purported attempt to do so is null and void, provided, however, that either party may, without requiring the consent of the other party, assign this Agreement and all of its rights under this Agreement to an Affiliate or an assignee in the event of a merger, sale of assets of the business to which this Agreement is related, or consolidation. Any purported assignment or delegation in violation of this Section 15.1 is null and void. No assignment or delegation relieves the assigning party of any of its obligations under this Agreement.

15.2. Choice of Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

15.3. Entire Agreement. This Agreement and all Exhibits hereto and Trakstar’s Acceptable Use Policy, a current copy of which can be accessed here trakstar.com/acceptable -use-policy/, as well as agreements and other documents referred to in this Agreement constitute the entire agreement between the Parties with regard to the subject matter hereof and thereof. This Agreement supersedes all previous agreements between or among the Parties. There are no agreements, representations, or warranties between or among the Parties other than those set forth in this Agreement or the documents and agreements referred to in this Agreement.

15.4. Export Compliance. The Services, the System, and other Trakstar technology might be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any government denied -party list. Client further represents that it is not located, and will not access or use, or permit any User to access or use, any part of the System or Services in any U.S.-embargoed country or region (including but not limited to Cuba, Iran, North Korea, Sudan, Syria or Crimea), or access or use any part of the System or Services in violation of any applicable U.S., local or foreign export laws or regulations.

15.5. Feedback. Client may, but is not required to, provide feedback to Trakstar from time to time at its discretion, which feedback will not be treated as Client’s Confidential Information. To the extent Client does provide feedback to Trakstar, Client shall, and hereby does, grant Trakstar a perpetual, irrevocable, non-exclusive, worldwide, transferable, assignable, sub-licensable, royalty-free, fully paid-up license to use and exploit the feedback for any purpose.

15.6. Independent Contractor Relationship. The relationship between the Parties to this Agreement is that of independent contractors. Neither Party is an agent, representative or employee of the other Party. Neither Party will have any right, power or authority to enter into any agreement for or

Three-year subscription with Trakstar for employee evaluation software i... Page 261 of 310 18 on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement will not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.

15.7. Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement will be given in writing and will be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered by confirmed facsimile; (b) on the delivery date if delivered personally to the Party to whom the same is directed; (c) one business day after deposit with a commercial overnight carrier, with written verification of receipt; or (d) five business days after the mailing date, if sent by U.S. mail, return receipt requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is available. The contact information below the Parties signatures may be used by the Parties hereto.

15.8. Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

15.9. Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than Client and Trakstar.

15.10. Waivers. The failure by Trakstar to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Trakstar.

The Parties hereto have executed this Master Services Agreement by their duly authorized officers or representatives as of the latest of the below listed dates.

Customer: Infosoft:

Applied Training Sytems, Inc. dba Trakstar

________________________________ ____________________________________ Authorized Signature Authorized Signature

________________________________ ____________________________________ Name Name

________________________________ ____________________________________ Title Title

________________________________ ____________________________________ Date Date

Three-year subscription with Trakstar for employee evaluation software i... Page 262 of 310 1 ADDENDUM A

PERSONAL INFORMATION

1. Data Processing Addendum.

1.1. A copy of the Trakstar Data Processing Addendum can be found at trakstar.com/data- processing-addendum/ and will be executed with Clients to whom the UK and EU General Data Protection Regulation applies.

2. CCPA.

2.1. Definitions. The following definitions and rules of interpretation apply in this Agreement:
(i) “CCPA” means the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code §§ 1798.100 to 1798.199), the CCPA Regulations (Cal. Code Regs. tit. 11, §§ 999.300 to 999.337), and any related regulations or guidance provided by the California Attorney General, terms defined in the CCPA, including personal information and business purposes, carry the same meaning in this Addendum; (ii) “Contracted Business Purposes ” means the services described in this Agreement for which Trakstar receives or accesses personal information; and (iii) “Authorized Persons" means the persons or categories of persons that Client authorizes to provide Trakstar with personal information processing instructions, which includes Employees, Contractors, Applicants, Hiring Managers, Trainees, and Trainers.

2.2. Trakstar's CCPA Obligations.

a. Trakstar will only collect, use, retain or disclose personal information for the Contracted Business Purposes for which Client provides or permits personal information access from Authorized Persons.
b. Trakstar will not collect, use, retain, disclose, sell or otherwise make personal information available for Trakstar's own commercial purposes or in a way that does not comply with the CCPA. If a law requires Trakstar to disclose personal information for a purpose unrelated to the Contracted Business Purpose, Trakstar must first inform Client of the legal requirement and give Client an opportunity to object or challenge the requirement, unless the law prohibits such notice. c. Trakstar will limit personal information collection, use, retention and disclosure to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes or another compatible operational purpose.
d. Trakstar must promptly comply with any Client request or instruction from Authorized Persons requiring Trakstar to provide, amend, transfer or delete the personal information, or to stop, mitigate or remedy any unauthorized processing. e. If the Contracted Business Purposes require the collection of personal information from individuals on Client's behalf, Trakstar will always provide a CCPA-compliant notice at

Three-year subscription with Trakstar for employee evaluation software i... Page 263 of 310 2 collection that Client specifically pre-approves in writing. Trakstar will not modify or alter the notice in any way without Client's prior written consent.
f. Where the CCPA permits, Trakstar may aggregate, deidentify or anonymize personal information so it no longer meets the personal information definition, and may use such aggregated, deidentified or anonymized data for its own research and development purposes as well as for other commercial purposes, such as trendspotting or benchmarking. Trakstar will not attempt to or actually re -identify any previously aggregated, deidentified or anonymized data and will contractually prohibit downstream data recipients from attempting to or actually re-identifying such data.

2.3. Assistance with Client's CCPA Obligations.

a. Trakstar will reasonably cooperate and assist Client with meeting Client's CCPA compliance obligations and responding to CCPA -related inquiries, including responding to verifiable consumer requests, taking into account the nature of Trakstar's processing and the information available to Trakstar.
b. Trakstar must notify Client immediately if it receives any complaint, notice or communication that directly or indirectly relates either party's compliance with the CCPA. Specifically, Trakstar must notify Client within [ten (10)] working days if it receives a verifiable consumer request under the CCPA.

2.4. Subcontracting.

a. Trakstar may use subcontractors to provide portions of the Contracted Business Services. Trakstar cannot make any disclosures to the subcontractor that the CCPA would treat as a sale. b. For each subcontractor used, Trakstar will give Client an up-to-date list disclosing:

(1) The subcontractor's name, address and contact information.

(2) The type of services provided by the subcontractor.

(3) The personal information categories disclosed to the subcontractor in the preceding 12 months.
c. Trakstar remains fully liable to Client for the subcontractor's performance of its agreement obligations.
d. In the event that Trakstar audits a subcontractor's compliance with its personal information obligations, Trakstar will provide Client with the audit results.

2.5. CCPA Warranties.

Three-year subscription with Trakstar for employee evaluation software i... Page 264 of 310 3 a. Each party will comply with all applicable requirements of the CCPA when collecting, using, retaining or disclosing personal information. b. Trakstar warrants that it has no reason to believe any CCPA requirements or restrictions prevent it from providing any of the Contracted Business Purposes or otherwise performing under this Agreement. Trakstar must, promptly after becoming aware of the same, notify Client of any changes to the CCPA's requirements that might adversely affect its performance under the Agreement.

Three-year subscription with Trakstar for employee evaluation software i... Page 265 of 310 City of Indio
City Council
December 4, 2024

STAFF REPORT

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

RECOMMENDATION:

Approve Second Reading of Ordinance No. 1819, entitled: “An Ordinance of the City Council of the City of Indio Amending Section 10.10 of the Indio Municipal Code”

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

AGENDA ITEM #15.11
Second Reading of Ordinance No. 1819 , Amending Section 10.10 of the Ind... Page 266 of 310 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.

Second Reading of Ordinance No. 1819 , Amending Section 10.10 of the Ind... Page 267 of 310 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.

Second Reading of Ordinance No. 1819 , Amending Section 10.10 of the Ind... Page 268 of 310 City of Indio
City Council
December 4, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Ramirez-Cornejo, Interim Dir. of Economic Development Subject: Authorization to Negotiate a Purchase and Sale Agreement with Bryan Flores and Shivani L. S. V. Patel for property located at 82877 Wilson Avenue (APN 611-232-009) for a purchase price of $330,000 with up to $10,000 in escrow fees for a total of $340,000.

RECOMMENDATION:

Staff recommends the City Council authorize the City Manager to negotiate a Purchase and Sale Agreement with the property owner located at 82877 Wilson Avenue and negotiate and execute all documents to effectuate the sale including any and all escrow documents to complete the purchase of the property.

SUMMARY:

This property is comprised of a 2,614-square-foot parcel located at 82877 Wilson Avenue (APN 611-232-009) consisting of a 1,040-square-foot duplex on the property that is currently vacant (Attachment 1). The Purchase and Sale Agreement will be for a total of $340,000 which includes $330,000 for the purchase price and up to $10,000 in escrow fees as long as the property is delivered vacant of tenants. Staff recommends acquiring this property to support the future development of Downtown Indio. The City already owns property within the same block, making this acquisition strategically beneficial.

BACKGROUND INFORMATION:

As part of the City's strategic plan, the City Council allocated funding for the acquisition of key properties in Downtown Indio. The property owner reached out to staff to gauge the City's interest in purchasing the property.

General Plan Conformity: The property falls within Downtown (DT) under the City of Indio General Plan 2040 characterized as supporting lively, thriving downtown area by accommodating multi-story, mixed-use buildings at higher intensifies. Also providing for vertical and horizontal mixed-use development. Goal LU-9.1 of the General Plan states that a development goal within the public realm is to “Establish downtown Indio as regional destination with a mix of uses that draw visitors from the Coachella Valley. Encourage a broad mix of uses that creates an inviting, active, and dynamic cultural services, and retail serving Local- and and including: Downtown regional- institutional uses,
educational uses and facilities, small local-serving office uses, residential buildings to increase housing diversity and units, and innovative public spaces and parks.” The purchase of this property would allow for the opportunity for the City to facilitate the future development of the entire half AGENDA ITEM #15.12
Authorization to Negotiate a Purchase and Sale Agreement with Bryan Flor... Page 269 of 310 block, continuing the improvement of downtown. The use of the property is consistent with the General Plan and staff recommends that the City Council find that the use of the property is in conformance with the General Plan.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$340,000 In current year budget: Yes
Current FY General
Fund Impact:
$340,000 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: General Fund Fund-Org-Object
Reference:
1011190-551003

Additional Financial Details:
$340,000 to cover the purchase price of $330,000, and up to $10,000 to cover title, escrow and other costs related expenses

ATTACHMENTS:

Attachment 1 - Property Location Map

APPROVAL(S):

Miguel Ramirez-Cornejo, Interim Dir. of Economic Development Approved - 26 Nov 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 26 Nov 2024 Ruby D. Walla, Director of Finance Approved - 26 Nov 2024 Bryan H. Montgomery, City Manager Approved - 26 Nov 2024

Authorization to Negotiate a Purchase and Sale Agreement with Bryan Flor... Page 270 of 310 Property Location Map
(611-232-009)

= Subject Property

Authorization to Negotiate a Purchase and Sale Agreement with Bryan Flor... Page 271 of 310 City of Indio
City Council
December 4, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: the authorizing 10401, Resolution No. 10472, No. Resolution amending preparation and submittal of an application for participation in the State's Prohousing Designation Program

RECOMMENDATION:

Approve Resolution No. 10472, amending Resolution No. 10401 authorizing City Staff to finalize and submit an application for participation in the California Housing and Community Development's (HCD) Prohousing Designation Program and authorizing the City Manager to negotiate and execute any and all documents to effectuate this purpose and determining that the proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3)

SUMMARY:

The City of Indio Housing and Neighborhood Services Division is seeking approval to amend the previously adopted Prohousing Designation Program Application for participation in the California HCD Prohousing Designation Program.

BACKGROUND INFORMATION:

BACKGROUND INFORMATION:

The Housing and Neighborhood Services Division previously presented and received unanimous (5- 0) approval for Resolution No. 10400 (Prohousing Plan) and Resolution No. 10401 (Prohousing Designation submit for application an and to prepare, Staff authorizing Application) finalize, participation in the California Housing and Community Development's (HCD) Prohousing Designation Program at the City of Indio City Council meeting on November 1, 2023.

As are that regulations program updated 2, HCD 2024, January of permanent released requirements for application submittal. All new Prohousing Designation Program applications will need to be developed in accordance with the regulations on March 2, 2024. A comprehensive list of the additional program regulations is outlined below in Table 1.

Table 1:

AGENDA ITEM #16.1
Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 272 of 310

Due to the addition of these program regulations, City Staff is required to amend Resolution No. 10401 to include these administrative changes in order to be in compliance with the provisions outlined in HCD's Prohousing Designation application. As part of these administrative changes, City staff will also be conducting a 30-day review period of the draft application to be submitted to HCD.

HCD's Pehousing Designation Program provides incentives to cities and counties through additional points development, community housing, competitive and in preferences other or scoring infrastructure programs. Local governments with a Prohousing Designation are eligible to apply for the Prohousing Incentive Program grant funding Building Homes and Jobs Trust Fund. Local governments with a Prohousing Designation are also eligible to receive priority processing or funding points when applying for several funding programs, including but not limited to Affordable Housing & Sustainable Communities (AHSC), Infill Infrastructure Grant (IIG), Transformative Climate Communities (TCC), and more recently, the Transit and Intercity Rail Capital Program (TIRCP). Other programs may be added to the list after HCD engages with stakeholders and partner agencies to add Prohousing points to other housing and non-housing programs.

The Prohousing Designation is achieved by submitting an application to HCD that shows how the City has or plans to have adopted favorable zoning and land use plans/policies, accelerated production timeframes, adopted strategies to reduce construction development costs, and provide financial subsidies.

A key component in demonstrating that the City is a Prohousing community is by having an overarching plan that reaffirms and encompasses the City's goals, plans, and intents in supporting housing production, affordability, attainability, and sustainability.

The State's Prohousing Designation is assigned by HCD after HCD reviews the City's application and supporting documentation. The applications are considered and reviewed on a non-competitive rolling basis and scored on a points system. As of April 2024, the State's Governor's Office announced that 47 jurisdictions statewide had received a Prohousing Designation. If the State approves the City's application, Indio would be the third agency in Riverside County and the first agency in the Coachella Valley to earn this designation.

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 273 of 310 Environmental Assessment:

FINDING (S):

The California the pursuant Project the reviewed to Agency, Lead as Indio, has of City 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 project will have a significant effect on the environment because of its administrative nature.

The City of Indio City Council finds that the Project is exempt from CEQA pursuant to 14 C.C.R.

Sections 15060(c)(2) and 15061(b)(3) it is an activity that will not result in a direct or reasonably foreseeable in a direct physical change in the environment and/or does not have the potential for causing a significant effect on the environment. There is no evidence that the proposed Prohousing Designation Program application will result in a physical change or will have a significant effect on the environment. The proposed Prohousing Designation Program application would be consistent with the existing City of Indio General Plan or the City of Indio Unified Development Code.

Therefore, no further review is required.

PUBLIC HEARING NOTICE:

A public hearing notice for the Project was published in the Desert Sun, the newspaper of record, on November 15, 2024, pursuant to Section 6.03.08 of the City of Indio Unified Development Code. At the time of issuance of this staff report, staff had not received public comments on this application.

ATTACHMENTS:

Attachment 1 - Resolution No. 10472 - Application for Prohousing Designation Program (CCM 12.4.2024)
Attachment 2 - Resolution No. 10401 - Application for Prohousing Designation Program (CCM 11.1.2023)
Attachment 3 - Prohousing Designation Program _ Draft Application

APPROVAL(S):

Jonathan Nicks, Assistant City Manager Approved - 25 Nov 2024 Steven Graham Pacifico, City Attorney Approved - 25 Nov 2024 Ruby D. Walla, Director of Finance Approved - 25 Nov 2024 Bryan H. Montgomery, City Manager Approved - 26 Nov 2024

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 274 of 310 1 RESOLUTION NO. 10472

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

CALIFORNIA, AUTHORIZING APPLICATION TO AND PARTICIPATION

IN THE PROHOUSING DESIGNATION PROGRAM

WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“ Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and

WHEREAS, such jurisdictions will be designated Prohousing, and, as such will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and

WHEREAS, the California Department of Housing and Urban Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and

WHEREAS, the City Council of the City of Indio (“ Applicant”) desires to submit an Application for a Prohousing Designation (“Application”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Applicant is hereby authorized and directed to submit an Application to the Department.

Section 2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

Section 3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local government actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downsizing; and unduly restr ictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code section 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property do comply and will continue to comply

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 275 of 310 2 with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7- Principles for Addressing Encampments” (June 17, 2022, update).

Section 4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

Section 5. Applicant acknowledges and agrees that it shall be subject to the Application, the terms and conditions specified in the Program Documents, the Program Regulations, and any and all other applicable law.

Section 6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED, APPROVED AND ADOPTED this 4th day of December 2024.

_____________________________________
________________
MAYOR

ATTEST:

________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 276 of 310 RESOLUTION NO. 10401

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF INDIO

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE

PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code section 65589. 9 established the Prohousing Designation Program (" PDP" or " Program"), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and WHEREAS, the Department of Housing and Community Development Department") has adopted emergency regulations ( Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (" Program Regulations"), as authorized by Government Code section 65589. 9, subdivision ( d); and
WHEREAS, the City of Indio (" Applicant") desires to submit an application for a Prohousing Designation (" Application").

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IND109
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Applicant is hereby authorized and directed to submit an Application to the Department.

Section 2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

Section 3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or takingother localgovernmentalactionsthat may or do inhibitor constrainhousing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899. 50.

Section 4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the " Program Documents").

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 277 of 310 Section 5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

Section 6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED, APPROVED and ADOPTED this 1st day of November 2023.

OSCAR ORTIZ
MAYOR
ATTEST:
lazk

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 278 of 310 I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, hereby certify that Resolution No. 10401 was duly and regularly adopted at a meeting of the City Council held on the 1st day of November 2023 by the following vote, to wit:

Ayes: Fermon, Holmes, Miller, Mayor Pro Tern Ramos Amith and Mayor Ortiz Noes: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Indio, California, this 1st day of November 2023.

SABDI Z, CMC
City Clerk Administrator
City of Indio
1

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 279 of 310

Prohousing Designation Program Application

State of California
Governor Gavin Newsom

Melinda Grant, Undersecretary
Business, Consumer Services and Housing Agency

Gustavo Velasquez, Director
Department of Housing and Community Development

Megan Kirkeby, Deputy Director
Division of Housing Policy Development

2020 West El Camino, Suite 500
Sacramento, CA 95833

Website: https://www.hcd.ca.gov/community-development/prohousing Email: [email protected]

January 2024

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 280 of 310

Prohousing Designation Program Application Package
Instructions

The applicant is applying for a Prohousing Designation under the Prohousing Designation Program (“Prohousing” or “Program”), which is administered by the Department of Housing and Community Development (“Department”) pursuant to Government Code section 65589.9.

The Program creates incentives for Jurisdictions that are compliant with State Housing Element Law and that have enacted Prohousing Policies. These incentives will take the form of additional points or other preference in the scoring of applications for competitive housing and infrastructure programs. The administrators of each such program will determine the value and form of the preference.

In order to be considered for a Prohousing Designation, the applicant must accurately complete all sections of this application, including any relevant appendices. The Department reserves the right to request additional clarifying information from the applicant.

This application is subject to Government Code section 65589.9 and to the regulations (Cal.

Code Regs., tit. 25, § 6600 et seq.) adopted by the Department in promulgation thereof (“Regulations”). All capitalized terms in this application shall have the meanings set forth in the Regulations.

All applicants must submit a complete, signed application package to the Department, in electronic format, in order to be considered for a Prohousing Designation. Please direct electronic copies of the completed application package to the following email address:

[email protected]
.

A complete application will include all items identified in the Application Checklist.

In relation to Appendix 1, the Formal Resolution for the Prohousing Designation Program, please use strikethrough and underline if proposing any modifications to the text of the Resolution. Please be aware, any sustentative deviations from the Formal Resolution may result in an incomplete application and will likely be subject to additional internal review and potential delays.

Appendix 2, the Proposed Policy Completion Schedule, applies only if an application includes proposed policies.

Appendix 3, Project Proposal Scoring Sheet and Sample Project Proposal Scoring Sheet, includes a blank template to be completed by the applicant as part of the application, as well as a Sample Project Proposal Scoring Sheet with an example of how this template may be completed.

Appendix 4 lists examples of Prohousing Policies with enhancement factors to aid applicants in understanding how enhancement factors may be applied.

Appendix 5 is where the applicant will include any additional information and supporting documentation for the application.

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If you have questions regarding this application or the Program, or if you require technical assistance in preparing this application, please email [email protected].

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Application Checklist

Yes No
Application Information ☐ ☐
Certification and Acknowledgement ☐ ☐
The Legislative Information form is completed. ☐ ☐
The Threshold Requirements Checklist is completed. ☐ ☐ A duly adopted and certified Formal Resolution for the Prohousing Designation Program is included in the application package. (See Appendix 1 for the Formal Resolution for the Prohousing Designation Program form.)
☐ ☐
If applicable, the Proposed Policy Completion Schedule is completed. (See Appendix 2.)
☒ ☐
The Project Proposal Scoring Sheet is completed. (See Appendix 3 for the Project Proposal Scoring Sheet and the Sample Project Proposal Scoring Sheet.)
☒ ☐
Additional information and supporting documentation (Applicant to provide as Appendix 5)
☒ ☐

Application Information

Applicant (Jurisdiction): City of Indio
Applicant Mailing Address: 100 Civic Center Mall
City: Indio
ZIP Code: 92201
Website: https://www.indio.org/
Authorized Representative Name Bryan H. Montgomery Authorized Representative Title: City Manager
Phone: 760-391-4015
Email: [email protected]
Contact Person Name: David Razo
Contact Person Title: Senior Management Analyst
Phone: 760-391-4749
Email: [email protected]
Proposed Total Score (Based on
Appendix 3):
33

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CERTIFICATION AND ACKNOWLEDGMENT

As authorized by the Formal Resolution for the Prohousing Designation Program (Resolution No. ) , which is attached hereto and incorporated by reference as if set forth in full, I hereby submit this full and complete application on behalf of the applicant.

I certify that all information and representations set forth in this application are true and correct.

I further certify that any proposed Prohousing Policy identified herein will be enacted within two (2) years of the date of this application submittal.

I acknowledge that this application constitutes a public record under the California Public Records Act (Gov. Code, § 6250 et seq.) and is therefore subject to public disclosure by the Department.

Signature: __________________________________________

Name and Title: ______________________________________

Date: _______________________________________________

Legislative Information

District Number Legislators Name(s)

State
Assembly
District

State
Senate
District

Applicants can find their respective State Senate representatives at https://www.senate.ca.gov/
, and their respective State Assembly representatives at https://www.assembly.ca.gov/

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Threshold Requirements Checklist

The applicant meets the following threshold requirements in accordance with Section 6604 of the Regulations:

Yes No
The applicant is a Jurisdiction. ☒ ☐
The applicant has adopted a Compliant Housing Element. ☒ ☐ The applicant has submitted or will submit a legally sufficient Annual Progress Report prior to designation.
☒ ☐
The applicant has completed or agrees to complete, on or before the relevant statutory deadlines, any rezone program or zoning that is necessary to remain in compliance with Government Code sections 65583, subdivision (c)(1), and 65584.09, subdivision (a), and with California Coastal Commission certification where appropriate. ☒ ☐
The applicant is in compliance, at the time of the application, with applicable state housing law, including, but not limited to those included in Government Section 65585, subdivision (j); laws relating to the imposition of school facilities fees or other requirements (Gov. Code, § 65995 et seq.); Least Cost Zoning Law (Gov. Code, § 65913.1); Permit Streamlining Act (Gov. Code, § 65920 et seq.); and provisions relating to timeliness of CEQA processing by local governments in Public Resources Code sections 21080.1, 21080.2, and 21151.5(a). ☒ ☐
The applicant further acknowledges and confirms that its treatment of homeless encampments on public property complies with and will continue to comply with the constitutional rights of persons experiencing homelessness and that it has submitted a one-page summary to the Department demonstrating how the applicant has enacted best practices in their jurisdiction related to the treatment of unhoused individuals camping on public property, consistent with United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments,” (June 17, 2022 update), hereby incorporated by reference. ☐ ☐
The applicant has duly adopted and certified, by the applicant’s governing body, a Formal Resolution for the Prohousing Designation Program, which is hereby incorporated by reference. (A true and correct copy of the resolution is included in this application package.) ☐ ☐
The applicant has demonstrated that they engaged in a diligent public participation process that included 1) outreach through a variety of methods and languages; 2) specific efforts to engage all segments of the community, including individuals or representatives of lower-income and special needs households, for-profit and non-profit developers and special needs service providers; 3) availability of the draft document to the public, including notification to interested parties and all segments of the community for 30 days and subsequent versions for 7 days; 4) public hearings and informative meetings; and 5) consideration of comments, including incorporation of comments into a jurisdiction’s application and Prohousing Policies, as appropriate. The applicant has submitted documentation of comments received during this process. ☐ ☐

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Project Proposal
Category 1: Favorable Zoning and Land Use

Category Prohousing Policy Description Points
1A Sufficient sites, including rezoning, to accommodate 150 percent or greater of the current or draft RHNA, whichever is greater, by total and income category. These additional sites must be identified in the Jurisdiction’s housing element adequate sites inventory, consistent with Government Code section 65583, subdivisions (a)(3) and (c)(1). 3 1B Permitting missing middle housing uses (e.g., duplexes, triplexes, and fourplexes) by right in existing low-density, single-family residential zones in a manner that exceeds the requirements of SB 9 (Chapter 162, Statutes of 2021, Gov. Code, §§ 65852.21, 66411.7). 3 1C Sufficient sites, including rezoning, to accommodate 125 to 149 percent of the current or draft RHNA, whichever is greater, by total and income category. These points shall not be awarded if the applicant earns three points pursuant to Category (1)(A) above. These additional sites must be identified in the Jurisdiction’s housing element adequate sites inventory, consistent with Government Code section 65583, subdivisions (a)(3) and (c)(1).
2 1D Density bonus programs that allow additional density for additional affordability beyond minimum statutory requirements (Gov. Code, § 65915 et seq.).
2 1E Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit Law, (Gov. Code, §§ 65852.2, 65852.22) (e.g., permitting more than one converted ADU; one detached, new construction ADU; and one JADU per single-family lot), and in a manner that exceeds the requirements of SB 9 (Chapter 192, Statutes of 2021, Gov. Code, §§ 65852.21, 66411.7). These policies shall be separate from any qualifying policies under Category (1)(B).
2 1F Eliminating minimum parking requirements for residential development as authorized by Government Code section 65852.2; adopting vehicular parking ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of Gov. Code section 65915, subdivision (p)(1); or adopting maximum parking requirements at or less than ratios pursuant to Gov. Code section 65915, subdivision (p).
2 1G Zoning or incentives that are designed to increase affordable housing development in a range of types, including, but not limited to, large family units, Supportive Housing, housing for transition age foster youth, and deep affordability targeted for Extremely Low-Income Households in all parts of the Jurisdiction, with at least some of the zoning, other land use designation methods, or incentives being designed to increase affordable housing development in higher resource areas shown in the TCAC/HCD Opportunity Map, and with the Jurisdiction having confirmed that it considered and addressed potential environmental justice issues in adopting and implementing 2

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this policy, especially in areas with existing industrial and polluting uses.
1H Zoning or other land use designation methods to allow for residential or mixed uses in one or more non-residential zones (e.g., commercial, light industrial). Qualifying non-residential zones do not include open space or substantially similar zones.
1 1I Modification of development standards and other applicable zoning provisions or land use designation methods to promote greater development intensity. Potential areas of focus include floor area ratio, height limits, minimum lot or unit sizes, setbacks, and allowable dwelling units per acre. These policies must be separate from any qualifying policies under Category (1)(B) above.
1 1J Establishment of a Workforce Housing Opportunity Zone, as defined in Government Code section 65620, or a Housing Sustainability District, as defined in Government Code section 66200.
1 1K Establishment of an inclusionary housing program requiring new developments to include housing affordable to and reserved for low- and very low-income households, consistent with the requirements of AB 1505 (Chapter 376, Statutes of 2017, Gov. Code, § 65850.01). 1 1L Other zoning and land use actions not described in Categories (A)-(K) of this section that measurably support the Acceleration of Housing Production.
1

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Project Proposal
Category 2: Acceleration of Housing Production Timeframes

Category Prohousing Policy Description Points
2A Establishment of ministerial approval processes for multiple housing types, including, for example, single-family, multifamily and mixed-use housing.
3 2B Acceleration of Housing Production through the establishment of streamlined, program-level CEQA analysis and certification of general plans, community plans, specific plans with accompanying Environmental Impact Reports (EIR), and related documents. 2 2C Documented practice of streamlining housing development at the project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law, (e.g., Pub. Resources Code, §§ 21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, § 65457; Cal Code Regs., tit. 14, §§ 15303, 15332; Pub. Resources Code, §§ 21094.5, 21099, 21155.2, 21159.28).
2 2D Establishment of permitting processes that take less than four months to complete. Policies under this category must address all approvals necessary to issue building permits.
2 2E Absence or elimination of public hearings for projects consistent with zoning and the general plan.
2 2F Priority permit processing or reduced plan check times for homes affordable to Lower-Income Households.
1 2G Establishment of consolidated or streamlined permit processes that minimize the levels of review and approval required for projects, and that are consistent with zoning regulations and the general plan. 1 2H Absence, elimination, or replacement of subjective development and design standards with objective development and design standards that simplify zoning clearance and improve approval certainty and timing.
1 2I Establishment of one-stop-shop permitting processes or a single point of contact where entitlements are coordinated across city approval functions (e.g., planning, public works, building) from entitlement application to certificate of occupancy.
1 2J Priority permit processing or reduced plan check times for ADUs/JADUs or multifamily housing.
1 2K Establishment of a standardized application form for all entitlement applications.
1 2L Documented practice of publicly posting status updates on project permit approvals on the internet.
1 2M Limitation on the total number of hearings for any project to three or fewer. Applicants that accrue points pursuant to category (2)(E) are not eligible for points under this category.
1 2N Other policies not described in Categories (2)(A)-(M) of this section that quantifiably decrease production timeframes or promote the streamlining of approval processes.
1

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Project Proposal
Category 3: Reduction of Construction and Development Costs

Category Prohousing Policy Description Points
3A Waiver or significant reduction of development impact fees for residential development with units affordable to Lower-Income Households. This provision does not include fees associated with the provision of housing affordable to Lower-Income Households (e.g., inclusionary in lieu fees, affordable housing impact fees, and commercial linkage fees).
3 3B Adoption of policies that result in less restrictive requirements than Government Code sections 65852.2 and 65852.22 to reduce barriers for property owners to create ADUs/JADUs. Examples of qualifying policies include, but are not limited to, development standards improvements, permit processing improvements, dedicated ADU/JADU staff, technical assistance programs, and pre-approved ADU/JADU design packages.
2 3C Adoption of other fee reduction strategies separate from Category (3)(A), including fee deferrals and reduced fees for housing for persons with special needs. This provision does not include fees associated with the provision of housing affordable to Lower-Income Households (e.g., inclusionary in lieu fees, affordable impact fees and commercial linkage fees).
1 3D Accelerating innovative housing production through innovative housing types (e.g., manufactured homes, recreational vehicles, park models, community ownership, and other forms of social housing) that reduce development costs.
1 3E Measures that reduce costs for transportation-related infrastructure or programs that encourage active modes of transportation or other alternatives to automobiles. Qualifying policies include, but are not limited to, publicly funded programs to expand sidewalks or protect bike/micro-mobility lanes, creation of on-street parking for bikes, transit-related improvements, or establishment of carshare programs. 1 3F Adoption of universal design ordinances pursuant to Health and Safety Code section 17959.
1 3G Establishment of pre-approved or prototype plans for missing middle housing types (e.g., duplexes, triplexes, and fourplexes) in low- density, single-family residential areas.
1 3H Adoption of ordinances that reduce barriers, beyond existing law, for the development of housing affordable to Lower-Income Households. 1 3I Other policies not described in Categories (3)(A)-(H) of this section that quantifiably reduce construction or development costs. 1

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Project Proposal
Category 4: Providing Financial Subsidies

Category Prohousing Policy Description Points
4A Establishment of a housing fund or contribution of funds towards affordable housing through proceeds from approved ballot measures.
2 4B Establishment of local housing trust funds or collaboration on a regional housing trust fund, which include the Jurisdiction’s own funding contributions. The Jurisdiction must contribute to the local or regional housing trust fund regularly and significantly. For the purposes of this Category, “regularly” shall be defined as at least annually, and “significant” contributions shall be determined based on the impact the contributions have in accelerating the production of affordable housing.
2 4C Demonstration of regular use or planned regular use of funding (e.g., federal, state, or local) for preserving assisted units at-risk of conversion to market rate uses and conversion of market rate uses to units with affordability restrictions (e.g., acquisition/rehabilitation).

For the purposes of this category, “regular use” can be demonstrated through the number of units preserved annually by utilizing this funding source.
2 4D Provide grants or low-interest loans for ADU/JADU construction affordable to Lower- and Moderate-Income Households.
2 4E A comprehensive program that complies with the Surplus Land Act (Gov. Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to Lower Income Households. A qualifying program may utilize mechanisms such as land donations, land sales with significant write-downs, or below-market land leases.
2 4F Establishment of an Enhanced Infrastructure Financing District or similar local financing tool that, to the extent feasible, directly supports housing developments in an area where at least 20 percent of the residences will be affordable to Lower-Income Households. 2 4G Prioritization of local general funds to accelerate the production of housing affordable to Lower-Income Households.
2 4H Directed residual redevelopment funds to accelerate the production of affordable housing.
1 4I Development and regular (at least biennial) use of a housing subsidy pool, local or regional trust fund, or other similar funding source sufficient to facilitate and support the development of housing affordable to Lower-Income Households.
1

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4J Prioritization of local general funds for affordable housing. This point shall not be awarded if the applicant earns two points pursuant to Category (4)(G).
1 4K Providing operating subsidies for permanent Supportive Housing. 1 4L Providing subsidies for housing affordable to Extremely Low-Income Households.
1 4M Other policies not described in Categories (4)(A)-(L) of this section that quantifiably promote, develop, or leverage financial resources for housing affordable to Lower-Income Households.
1

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Project Proposal
Enhancement Factors

The Department shall utilize enhancement factors to increase the point scores of Prohousing Policies. An individual Prohousing Policy may not use more than one enhancement factor.

Each Prohousing Policy will receive extra points for enhancement factors in accordance with the chart below.

Category Prohousing Policy Description Points
1 The policy represents one element of a unified, multi-faceted strategy to promote multiple planning objectives, such as efficient land use, access to public transportation, housing affordable to Lower-Income Households, climate change solutions, and/or hazard mitigation.
2 2 Policies that promote development consistent with the state planning priorities pursuant to Government Code section 65041.1. 1 3 Policies that diversify planning and target community and economic development investments (housing and non-housing) toward place- based strategies for community revitalization and equitable quality of life in lower opportunity areas. Such areas include, but are not limited to, Low Resource and High Segregation & Poverty areas designated in the most recently updated TCAC/HCD Opportunity Maps, and disadvantaged communities pursuant to Health and Safety Code sections 39711 and 39715 (California Senate Bill 535 (2012).
1 4 Policies that go beyond state law requirements in reducing displacement of Lower-Income Households and conserving existing housing stock that is affordable to Lower-Income Households. 1 5 Rezoning and other policies that support intensification of residential development in Location Efficient Communities.
1 6 Rezoning and other policies that result in a net gain of housing capacity while concurrently mitigating development impacts on or from Environmentally Sensitive or Hazardous Areas.
1 7 Zoning policies, including inclusionary housing policies, that increase housing choices and affordability, particularly for Lower-Income Households, in High Resource and Highest Resource areas, as designated in the most recently updated TCAC/HCD Opportunity Maps.
1 8 Other policies that involve meaningful actions towards Affirmatively Furthering Fair Housing outside of those required pursuant to Government Code sections 65583, subdivision (c)(10), and 8899.50, including, but not limited to, outreach campaigns, updated zoning codes, and expanded access to financing support.
1

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Project Proposal Scoring Sheet Instructions

The Department shall validate applicants’ scores based on the extent to which each identified Prohousing Policy contributes to the Acceleration of Housing Production. The Department shall assess applicants’ Prohousing Policies in accordance with statutory requirements and the Regulations.

The Department shall further assess applicants’ Prohousing Policies using the following four scoring categories: Favorable Zoning and Land Use, Acceleration of Housing Production Timeframes, Reduction of Construction and Development Costs, and Providing Financial Subsidies. Applicants shall demonstrate that they have enacted or proposed at least one policy that significantly contributes to the Acceleration of Housing Production in each of the four categories. A Prohousing Designation requires a total score of 30 points or more across all four categories.

Instructions

Please utilize one row of the Scoring Sheet for each Prohousing Policy.

• Category Number: Select the relevant category number from the relevant Project Proposal list in this application. Where appropriate, applicants may utilize a category number more than once. • Concise Written Description of Prohousing Policy: Set forth a brief description of the enacted or proposed Prohousing Policy.
• Enacted or Proposed: Identify the Prohousing Policy as enacted or proposed. For proposed Prohousing Policies, please complete Appendix 2: Proposed Policy Completion Schedule. • Documentation Type: For enacted Prohousing Policies, identify the relevant documentary evidence (e.g., resolution, zoning code provisions). For proposed Prohousing Policies, identify the documentation which shows that implementation of the policy is pending.
• Web Links/Electronic Copies: Insert the Web link(s) to the relevant documentation or indicate that electronic copies of the documentation have been attached to this application as Appendix 5. • Points: Enter the appropriate number of points using the relevant Project Proposal list in this application. • Enhancement Category Number (optional): If utilizing an enhancement factor for a particular Prohousing Policy, enter the appropriate category number using the relevant Project Proposal list in this application. • Enhancement Points (optional): If utilizing an enhancement factor for a particular Prohousing Policy, enter the point(s) for that Prohousing Policy.
• Total Points: Add the enhancement point(s) to the Prohousing Policy’s general point score.

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Appendix 1: Formal Resolution for the Prohousing Designation Program

Formal Resolution for the PROHOUSING Designation Program RESOLUTION NO. [INSERT RESOLUTION NUMBER]

A RESOLUTION OF THE GOVERNING BODY OF
[INSERT THE NAME OF THE CITY OR COUNTY] AUTHORIZING APPLICATION TO

AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and
WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the [INSERT THE NAME OF THE CITY OR COUNTY]
(“Applicant”) desires to submit an Application for a Prohousing Designation (“Application”).

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production.

Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply do and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction

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that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

5. Applicant acknowledges and agrees that it shall be subject to the Application, the terms and conditions specified in the Program Documents, the Program Regulations, and any and all other applicable law.

6. [INSERT THE TITLE OF THE APPLICANT’S AUTHORIZED
SIGNATORY] is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED AND ADOPTED this day of , 2024, by the following vote:

AYES: [Insert #] NOES: [Insert #] ABSENT: [Insert #] ABSTAIN: [Insert #] The undersigned, [INSERT NAME AND TITLE OF SIGNATORY] of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: DATE:

NAME: TITLE:

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Appendix 2: Proposed Policy Completion Schedule

Category
Number
Concise Written Description of
Proposed Policy
Key Milestones and
Milestone Dates
Anticipated
Completion
Date
Notes
1D Density bonus program that allows additional
density for additional affordability beyond
minimum statutory requirements. (Additional
density bonus allowed if an additional percent
of the pre-density bonus units are restricted as
affordable units.)
- Policy considered as part
of the City’s Prohousing Plan
adopted November 2023
- Consultant hired to support
with housing program
implementation July 2024
- Draft ordinance for
program anticipated to
commence end of 2024.

April 2025
3B Policies that result in less restrictive
requirements than Government Code sections
65852.2 and 65852.22 through development
standards improvements that will provide
additional square footage in ADUs.
- Policy considered as part
of the City’s Prohousing Plan
adopted November 2023
- Consultant hired to support
with housing program
implementation July 2024
- Draft ordinance for
program anticipated to
commence early 2025
April 2025

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Appendix 3: Project Proposal Scoring Sheet and Sample Project Proposal Scoring Sheet

Project Proposal Scoring Sheet
Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
1A

The City’s 6th Cycle Housing
Element has sufficient
capacity to accommodate
15,304 units (including
citywide rezoning completed
in October 2022). These
units represent 195% of the
City’s current RHNA of 7,812
units.

E Unified
Development
Code (UDC)
(Adopted
October
2022)

Certified
Housing
Element
https://www.indio.org/h
ome/showpublisheddo
cument/3314/6380462
29914700000

https://www.indio.org/h
ome/showpublisheddo
cument/3393/6380654
36124400000
3 7
Comprehensive,
citywide rezoning
increases housing
choices and
affordability in High
and Highest
Resource areas at
increased densities
that facilitate the
development of
housing affordable to
lower-income
households.
1 4
1B The City’s UDC, adopted in
October 2022 as part of the
City’s comprehensive zoning
code update, permits
missing middle housing
(Duplexes, Triplexes, and
Quadplexes) in the SN-4 and
SN-8 single-family
residential zones. (The SN-4
and SN-8 zones primarily
provide for low-intensity
neighborhoods with single-
family, detached homes.)
E UDC Link to UDC
(see policy 1A)

3 7
Zoning policies in the
City’s UDC increase
housing choices and
affordability for lower-
and moderate-
income households in
High and Highest
Resource areas
through increased
densities and variety
of permitted housing
types in the SN-4 /
SN-8 zones, which
fall within the High/
Highest Resource
areas.
1 4

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Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
1D Density bonus program that
allows additional density for
additional affordability
beyond minimum statutory
requirements.
- Additional density bonus
will be allowed if an
additional percent of the pre-
density bonus units are
restricted as affordable units.

P Prohousing
Plan – Policy
#3

https://indio.civicweb.n
et/document/25194/In
dio%20Prohousing_02
0123.pdf?handle=A9E
4979A218B4D5E8676
9C3D286C8069
2 2
1H The City’s UDC, General
Plan 2040 and DTSP permit
residential and mixed uses in
the Midtown (MT) and
Downtown (DT) zones. Both
zones are classified as “City
‘Center’” place types under
their corresponding GP land
use designations. The MT
zone serves as a center of
commerce, and provides for
an active mixed-use center
by allowing mixed-use
buildings at max. residential
densities of 40 du/ac. The
DT zone is envisioned as a
civic/cultural hub and mixed-
use district with educational,
civic, entertainment, office,
retail, and residential uses
with max. densities of 60
du/ac.

The UDC also allows for
live/work units in the
Regional Commercial (RC)
and Light Industrial (IL)
zones.

E UDC

General Plan
Land Use
Element
(2019)

Indio
Downtown
Specific Plan
(DTSP)
(2020)

Indio Climate
Action Plan
(2019)
Link to UDC
(see policy 1A)

https://www.indio.org/h
ome/showpublisheddo
cument/3327/6380539
14862030000

https://www.indio.org/h
ome/showpublisheddo
cument/1024/6378743
00529070000

https://www.indio.org/h
ome/showpublisheddo
cument/892/63787429
1154670000
1 1
Part of a unified,
multi-faceted strategy
to promote efficient
land use, affordable
housing, and climate
change solutions.
- The GP & UDC
allow for residential &
mixed uses
intermixed in ways
that add value
through proximity and
accessibility to other
uses in the MT and
DT zones. - Focusing
growth and
investment in the DT,
MT, and Highway
111 corridor provide
a key opportunity to
encourage active
transportation, and
reduce vehicle trips
and GHG emissions.
– Residential uses
permitted at densities
far above the
thresholds to facilitate
2 3

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 298 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
affordable housing,
promote housing
choices and
affordability. - Mixing
office, retail, and
services with
residential uses,
creating open and
connected
neighborhoods, and
increasing density
near transit
investments are
proven and effective
measures to reduce
vehicle travel and
emissions.
1I The City’s comprehensive
Zoning Code update (UDC)
and GP Update (2040 GP)
modified most development
standards to promote greater
intensities, including:

1. Increased max. height
limits from 35 ft. to as high
as 60 ft. in mixed-use zones,
and up to 6 stories in the
DTSP (see Policy 1J for
details).

2. Reduced minimum lot size
for all new zones (lot size
requirements decreased by
more than 50% for most
zones).

3. Minimum unit size
requirements were removed.

4. Increased max. densities
to 40 du/ac in the MUN and
MT zones, and 60 du/ac in
E UDC

General Plan
Land Use
Element
(2019)

Link to UDC
(see policy 1A)

https://www.indio.org/h
ome/showpublisheddo
cument/3327/6380539
14862030000

1 8
Comprehensive, GP
and zoning code
updates that involve
meaningful actions
toward affirmatively
furthering fair
housing, including
modification of
numerous
development
standards and
applicable zoning
provisions to promote
greater development
intensities and
housing choices to
overcome historic
patterns and barriers
from access to
opportunity.
1 2

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 299 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
the DT zone (the max
density permitted in the city
was previously 15 du/ac).

5. Reduced required
setbacks by more than 50%
for most new zones.
1J The City’s Community
Benefits Height Bonus
supports the acceleration of
housing production by
providing developers the
opportunity for an increase in
heigh limit in exchange for
specified community benefits
per a recorded agreement
with the City. As part of the
City’s DTSP, the Height
Bonus aims to attract
investment, while activating
the public realm and open
space, encouraging a range
of housing options through
height flexibility, and
ensuring public benefits are
adequate and beneficial to
the community. Developers
may be granted a story
bonus of one or two
complete floors above the
height limit for a maximum
height of 6 stories (with story
bonus when community
benefits are included) based
on the objective public
benefits in Table 3.1.6
Community Benefits Height
Bonus.

E DTSP -
Section

3.1.6 Community
Benefits
Height Bonus
https://www.indio.org/h
ome/showpublisheddo
cument/1024/6378743
00529070000

1 1

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 300 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
2A The City’s UDC adopted in
2022 established a
ministerial planning review
process (6.04.03.E Planning
Review – Ministerial) for
many housing types and
projects that qualify for
Streamlined Ministerial
Approval, including single-
family, multifamily, and
mixed-use housing.

E UDC -
Section

6.04.03 (Planning
Review)
Link to UDC
(see policy 1A)

3 3
2B The City certified the GP
2040 and Final Program
Environmental Impact
Report (EIR) in September
2019, which allows for
streamlined CEQA
processes in accordance
with CEQA Guidelines
Section 15168.
- E.g., in September 2022,
the City made a Finding of
Consistency with the GP
Program EIR for the
adoption of the Highway 111
Corridor Specific Plan
(CEQA Guidelines Sections
15162 and 15168).

E Program
Final EIR for
the General
Plan Update

HWY 111
Staff Report
Finding of
Consistency
with Program
Final EIR
https://www.indio.org/d
epartments/community
-development-
department/general-
plan-
2040/environmental-
impact-report

https://indio.civicweb.n
et/document/18565/Re
solution%20No.%2010
325%20-
%20Finding%20of%20
Consistency.pdf?handl
e=F2B5899AF989442
DBF7F3DEACBDA1C
45 2 2

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 301 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
2C The City has streamlined
housing developments at the
project level by enabling by-
right approval and utilizing
statutory and categorical
exemptions. See examples
provided.

E Staff Report
& Resolution
No. 2056

Staff Report
& Resolution
No. 2040

Staff Report
& Resolution
No. 2081

Staff Report
& Resolution
No. 2070

https://indio.civicweb.n
et/document/26466/A
BC%20Recovery%20
Project%20Tentative%
20Parcel%20Maps%2
0(Cas.pdf?handle=3F
78DA13D6B04761AB
135151CA489435

https://indio.civicweb.n
et/document/24286/As
hai%20Design%2030-
Unit%20Mixed-
Use%20Apartment%2
0Buildi.pdf?handle=3B
9ACFB1790E414480
C9CE9AF356D312

https://indio.civicweb.n
et/document/168802/R
esolution%20No.%202
081%20-
%20Liberty%20Star%
20Fields%20Affor.pdf?
handle=952D435017D
04E2B96F75DD48CB
DCB8E

https://indio.civicweb.n
et/document/30560/Av
e%2043%20and%20C
alhoun%20Specific%2
0Plan,%20Planning%
20Revi.pdf?handle=33
EBE79E3F484DBC87
1D4191560ABBED
2 2

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 302 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
2H The UDC provides Objective
Design Standards for all
housing development
projects requesting
streamlined approval and
clear approval procedures to
improve certainty and timing
(6.04.03.C - Procedures;
Design Standards and
Guidelines).

E UDC -
Section

6.04.03 (Planning
Review)
Link to UDC
(see policy 1A)

1 1
2I The City launched a new
Customer Service Portal
(CSS) in August 2023. CSS
is the City’s One Stop Shop
for Online Services for
building permits, business
licenses, planning permits
and more.

E CSS Portal https://indioca-
energovweb.tylerhost.
net/apps/SelfService#/
home

https://www.indio.org/d
epartments/community
-development-
department
1 1
2K The City’s CSS provides
standardized forms for all
entitlement applications. The
CSS also provides an
application for a Pre-
Application Conference to
provide applicants an
opportunity, early in the
planning stage, to meet with
representatives from the
various agencies that will be
involved in their project (info.
is also provided to the
applicant regarding what
documents, clearances,
permits and fees will be
required for the project).

E CSS Portal https://indioca-
energovweb.tylerhost.
net/apps/SelfService#/
home

1 1

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 303 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
2L The Development
Dashboard, launched in
2022, provides a list of active
projects with info. for each
project and available project
documents (e.g., site plans).

The dashboard also shows
the projects on an interactive
City map.

The City also publicly posts
status updates on projects
under the community
development’s
“notices/documents” page
organized by project name,
and posts monthly permit
listings and plan check
reports.

E Indio
Development
Dashboard

Community
Development
- “Notices/
Documents”

Permit
Listings/ Plan
Check
Activity
Reports
https://experience.arcg
is.com/experience/987
b64ca5e4b477e98058
edeee6db883/

https://www.indio.org/d
epartments/community
-development-
department/notices-
documents

https://www.indio.org/d
epartments/community
-development-
department/building-
safety-division/activity-
reports
1 1
3B ADU Ordinance
development standards
improvements providing
additional square feet of floor
area to reduce barriers for
property owners to create
ADUs/JADUs.

P Prohousing
Plan – Policy
#4

https://indio.civicweb.n
et/document/25194/In
dio%20Prohousing_02
0123.pdf?handle=A9E
4979A218B4D5E8676
9C3D286C8069
2 2

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 304 of 310

3E The City imposes and
collects a Transportation
Uniform Mitigation Fee
(TUMF). To reduce costs for
qualifying residential
developments, the following
waivers or reductions of fees
are provided:
- Lower-income housing
projects, including single-
family, apartments and
mobile homes, are exempt
from the TUMF obligations.
- TOD fees are reduced. A
15% factor reflecting the
reduction in trip generation is
applied to the residential
TUMF obligations.

The City adopted the
Complete Streets and
Drainage Master Plan in
2022 which encourages
more opportunities to walk,
bike, and other alternative
modes of transportation.
- Implementation project
example: The City’s Jackson
Street Shadowalk Project is
currently underway. The
publicly funded project, with
a total investment of $5.3
million, will improve areas for
walking and recreation, and
involves new ADA compliant
sidewalks, comprehensive
repairs of sidewalks,
driveways, curbs, corner
ramps, and shade
structures.

E Municipal
Code Section

33.086

EXEMPTION
S AND

CREDITS

Complete
Streets Plan

Staff Report
and
Resolution
No. 10289

CALTRANS
Grant
Agreement
for Jackson
Street Project

https://codelibrary.aml
egal.com/codes/indio/l
atest/indio_ca/0-0-0-
59084

https://www.indio.org/h
ome/showpublisheddo
cument/2643/6380068
82351570000

Electronic Copy
Attached as Appendix
5 Electronic Copy
Attached as Appendix
5 1 1

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 305 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
3I The City’s Development
Impact Fee (DIF) Deferral
Program aims to reduce the
financial burden for
developers by allowing
qualifying developers,
including multi-family
projects, to defer the
payment of fees for 3 years
after the issuance of the
COO. This reduces the up-
front cost of development
allowing developers to pay
the fees from project
generated lease revenue.

Examples -
- The City approved the
deferral of DIFs in May 2023
in the amount of 1.47 million
to for the 180-unit Avenue 44
affordable housing project.
- The City approved the
deferral of DIFs in February
2024 in the amount of 1.67
million to support the
provision of required
electrical infrastructure for
the 400-unit Arroyo Crossing
Affordable Housing Project.

E Staff Report,
Program &
Resolution
No. 10343 -
Development
Impact Fee
Deferral
Program

Staff
Resolution
No. 10352 –
DIF deferral
($1.47
million) for
Avenue 44
Project

Resolution
No. 10428 –
DIF deferral
($1.67
million) for
Arroyo
Crossing
Project

Electronic Copy
Attached as Appendix
5 Electronic Copy
Attached as Appendix
5 Electronic Copy
Attached as Appendix
5 1 1

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 306 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
4H The City uses previous
redevelopment funding for
the purpose of developing
affordable housing within the
City. Example –
The Indio Housing Authority
agreed to provide an
acquisition loan through
funds in its LMIHAF in the
amount of $2.47 million with
a term of 55 years. The
$2.47 million in funding was
approved in November 2022
to support the land
acquisition for construction
of the Avenue 44 project – a
180-unit affordable housing
development project (Pacific
West). (Loan funded by the
LMIHAF (previous
redevelopment funding)).

Per the loan agreement,
30% of the funds will target
and/or fund units for
extremely-low income
households and the
remaining funds for very-low
income households.

E Acquisition
Loan
Agreement -
Ave 44.

Project_ Fully
Executed

SB 341 and
AB 1793
Compliance
Report for
FY22/23

Electronic Copy
Attached as Appendix
5 Electronic Copy
Attached as Appendix
5 1 1

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 307 of 310

Category
Number
Concise Written Description
of Prohousing Policy
Enacted
or
Proposed
Documentatio
n Type (e.g.,
resolution,
zoning code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as
Appendix 5
Points Enhancement
Category Number
Enhancement
Points
Total
Points
4M The City has adopted a
Development Agreement
Ordinance. The City
exercises these provisions to
enter into Development
Agreements that directly
leverage financial resources
for housing, such as through
Housing Community Benefits
Fees. For instance, in the
example provided:
-The developer shall pay the
City an additional 1% of the
gross receipts for the
amounts charged from short
term luxury rentals. These
funds are intended to be
used to develop programs to
mitigate the effect on the
local housing market,
including programs such as
down payment assistance
and rental assistance
programs, which support
housing for lower-income
households.

E Development
Agreement
Ordinance -
Section

6.05.02 of the
UDC

Development
Agreement
by and
Between the
City of Indio
and Bravo
Collection,
LLC.

Link to UDC
(see policy 1A)

Electronic Copy
Attached as Appendix
5 1 1
28 5 33

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr...Page 308 of 310

Appendix 4: Examples of Prohousing Policies with Enhancement Factors

If a Prohousing Policy incorporates any of the enhancement factors specified in the Project Proposal Enhancement Factors chart, it will receive extra points as indicated therein.

Examples of such qualifying Prohousing Policies include the following:

Category 1: Favorable Zoning and Land Use

• Rezoning sufficient sites to accommodate 150 percent or greater of the Regional Housing Needs Allocation by total or income category, including sites in Location Efficient Communities.
• Rezoning sufficient sites to accommodate 150 percent or greater of the Regional Housing Needs Allocation by total or income category, including sites in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Rezoning to accommodate 125 to 149 percent of the Regional Housing Needs Allocation in downtown commercial corridors or other infill locations. • Expanding density bonus programs to exceed statutory requirements by 10 percent or more in Location Efficient Communities.
• Reducing or eliminating parking requirements for residential development as authorized by Government Code section 65852.2 in Location Efficient Communities. • Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit Law in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Modification of development standards and other applicable zoning provisions to promote greater development intensity in downtown commercial corridors or other infill locations.
• Coupling rezoning actions with policies that go beyond state law requirements in reducing displacement of lower-income households and conserving existing housing stock that is affordable to lower-income households.

Category 2: Acceleration of Housing Production Timeframes

• Ministerial approval processes for multifamily housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Streamlined, program-level CEQA analysis and certification of specific plans in Location Efficient Communities.
• Documented practice of streamlining housing development at the project level in downtown commercial corridors and other infill locations. • Expedited permit processing for housing affordable to lower-income households in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 309 of 310

Category 3: Reduction of Construction and Development Costs

• Fee waivers for affordable housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Fee waivers or reductions for higher density housing in downtown commercial corridors or other infill locations.
• Measures that reduce costs and leverage financial resources for transportation-related infrastructure or programs in Low Resource and High Segregation & Poverty areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Adoption of universal design ordinances to increase housing choices and affordability for persons with disabilities in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Permitting innovative housing types, such as manufactured homes, recreational vehicles or park models, in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).

Category 4: Providing Financial Subsidies

• Targeting local housing trust funds to acquisition or rehabilitation of existing affordable units, or to affordable units at risk of converting to market rate uses, in Low Resource and High Segregation & Poverty areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Marketing grants and other financial products for ADUs/JADUs in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Utilizing publicly owned land for affordable housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Establishment of an Enhanced Infrastructure Financing District or similar local financing tool in a Low Resource or High Segregation & Poverty area (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Directing residual redevelopment funds or general funds to conservation or preservation of affordable housing in areas at high risk of displacement.

Resolution No. 10472 , amending Resolution No. 10401, authorizing the pr... Page 310 of 310