Agenda — Indio City Council, May 7, 2025 (part 2 of 3)

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ATTACHMENT 1

VICINITY MAP

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City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: authorize and improvements monument survey street the Accept and release of the surety for Lennar Homes of California, LLC, Tract Map No. 31815 (Paradiso), generally located on the northeast corner of Monroe Street and Avenue 41

RECOMMENDATION:

Accept the street and survey monument improvements and authorize release of the surety for Lennar Homes of California, LLC, Tract Map No. 31815 (Paradiso), generally located on the northeast corner of Monroe Street and Avenue 41.

SUMMARY:

Paradiso, Tract Map No. 31815, is a residential subdivision generally located on the northeast corner of Monroe Street and Avenue 41. Lennar Homes of California, LLC, the developer, has completed the street and survey monument improvements associated with the above referenced subdivision and is requesting City Council acceptance and release of the surety bonds.

BACKGROUND INFORMATION:

Lennar Homes of California, LLC, has completed the street and survey monument improvements at Paradiso for Tract Map No. 31815. The following improvements, in part, were required as conditions of the approved Tentative Tract Map No. 31815:

a. Construction of street improvements that include asphalt concrete pavement, and curb and gutter throughout the subdivision.
b. Installation of survey monuments per the approved final Tract Map No. 31815.

These improvements are now ready for acceptance and, as is customary, the developer is requesting release of the posted surety bonds. The developer has also posted a maintenance bond for the improvements. Staff is requesting authorization to release the maintenance bond in one year from the date of acceptance, if there are no deficiencies that occur with the improvements within such time frame. If that should occur, the maintenance bond would not be released in order to ensure maintenance work is conducted.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
AGENDA ITEM #10.8
Accept the street and survey monument improvements and authorize release... Page 139 of 381 Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

There is no financial impact associated with the release of the surety bonds.

ATTACHMENTS:

Attachment 1 - Vicinity Map

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 24 Apr 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 24 Apr 2025 Ruby D. Walla, Director of Finance Approved - 24 Apr 2025 Bryan H. Montgomery, City Manager Approved - 24 Apr 2025

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9,&,1,7<0$3

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City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction Contract with PTM General Engineering Services Inc., in the amount of $534,034 for the Avenue 44 and Lago Vista Boulevard Traffic Signal Project, City Project No. TS2301

RECOMMENDATION:

Approve the project plans and specifications for the Avenue 44 and Lago Vista Boulevard Traffic Signal Project, City Project No. TS2301; and award a construction contract to PTM General Engineering Services Inc., in the amount of $534,034, with a 10% construction contingency for unforeseen conditions.

SUMMARY:

On April 4, 2025, staff received nine (9) construction bids for the Avenue 44 and Lago Vista Boulevard Traffic Signal Project. After a thorough bid analysis and due diligence, staff determined that PTM General Engineering Services Inc. is the lowest responsive bidder.

BACKGROUND INFORMATION:

This project is located at the corner of Avenue 44 and Lago Vista Boulevard. Due to high traffic volumes and vehicle speeds, it has been difficult for drivers to turn left from Lago Vista Boulevard onto Avenue 44. A recent traffic study determined that the intersection meets the warrants for a new traffic signal. To improve traffic flow and make it easier for vehicles to turn, a new traffic signal will be installed.

The project includes installing a new traffic signal at the intersection, including the signal controller, poles, wiring, and other connection components. It will also involve rebuilding curb ramps to meet current ADA accessibility standards and updating the street striping to reflect the new intersection layout.

The project was advertised on February 21, 2025. The city received and opened bids on April 4, 2025. In total nine (9) bids were submitted. A summary of the bids is provided below:

Bidder’s Name Location Total Bid
PTM General Engineering Services, Inc. Riverside, CA $534,034 Baker Electric & Renewables LLC Escondido, CA $584,670 DBX, Inc. Temecula, CA $604,920
Alfaro Communications Construction, Inc. Compton, CA $614,885.70 AGENDA ITEM #10.9
Construction Contract with PTM General Engineering Services Inc., in the... Page 143 of 381 Bidder’s Name Location Total Bid
Crosstown Electrical & Data Inc. Irwindale, CA $628,689 Elecnor Bleco Electric, Inc. Chino, CA $633,255
California Professional Engineering, Inc. La Puente, CA $662,017 Select Electric, Inc. Anaheim, CA $717,863
Diamond Construction & Design La Habra, CA $724,709

Public Works staff examined the submissions, and after careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is PTM General Engineering Services Inc. The company is appropriately licensed and qualified to perform the work within the project specifications. Staff recommends awarding the contract to PTM General Engineering Services Inc.

The City Engineer has reviewed the bid documents for the project and in his opinion, the project bid documents are reasonable and meet professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the project bid documents, which are on file in the Department of Public Works. The Engineer’s construction cost estimate was $715,000.

Construction is scheduled to take place in the fall/winter of 2025 after the procurement of long lead items for traffic signals.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$587,437 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Local Measure A Fund-Org-Object
Reference:
212-523006

Additional Financial Details:

The FY 2024/25 Capital Improvement Program budget includes sufficient funds for this project. This allocation includes both the estimated construction costs and an appropriate contingency amount to cover any unforeseen expenses that may arise during the course of construction.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Contract with PTM General Engineering Services Inc.

APPROVAL(S):

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Project Location Map

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CONTRACT WITH PTM GENERAL
ENGINEERING SERVICES, INC.

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City Project: TS2301 City of Indio Public Works

CONTRACT
CITY OF INDIO CONTRACT FOR AVENUE 44 AND LAGO VISTA

BOULEVARD TRAFFIC SIGNAL PROJECT

THIS CONTRACT (“Contract”) is made and entered this May , 2025 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and PTM General Engineering Services, Inc., a California corporation, (“Contractor”). Contractor’s California State Contractor’s license number is 891265; Class A, C -10). Contractor’s DIR registration number is 1000001433.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Avenue 44 and Lago Vista Boulevard Traffic Signal Project , as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of five -hundred thirty-four thousand and thirty -four dollars ($534,034) in accordance with the prices as submitted in the Bid.

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

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

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

7. Workers’ Compensation . Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the

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City Project: TS2301 City of Indio Public Works

provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

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

CITY OF INDIO
By:

Glenn Miller, Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

Sabdi Sanchez, Director of City Clerk Steven Graham Pacifico, City Attorney

Dated:

PTM General Engineering Services, Inc.

By:

Name and Title

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City Project: TS2301 City of Indio Public Works

Bond No.

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

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

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

(Project name)

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of

Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

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

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City Project: TS2301 City of Indio Public Works

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

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

Dated:
“Principal” “Surety”

By:

Its

By:

Its

(Seal)
By:

Its

By:

Its

(Seal)

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

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City Project: TS2301 City of Indio Public Works

Bond No.

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

(Project name)

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

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City Project: TS2301 City of Indio Public Works

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal” “Surety”

By:

Its

By:

Its

(Seal)
By:

Its

By:

Its

(Seal)

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City Project: TS2301 City of Indio Public Works

WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

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

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

1. This certificate is issued to:

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

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

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Ratification of Change Order No. 3 with Marina Landscape, Inc. in the amount of $91,275 for added costs for the Jefferson Overpass Median Improvements (City Project No. ST2308).

RECOMMENDATION:

Ratify Change Order No. 3 with Marina Landscape, Inc. in the amount of $91,275 for added costs for the Jefferson Overpass Median Improvements (City Project No. ST2308), and approve the necessary budget adjustment of $91,275.

SUMMARY:

On December 6, 2023, the City Council approved a contract with Marina Landscape, Inc. in the amount of $1,265,750 for the installation of new landscaping, rock wall, signage and improvements on Indio Boulevard from Jefferson Street to the railroad tracks. The City Council is requested to ratify the change order used to cover the costs of additional improvements requested by the City.

BACKGROUND INFORMATION:

The project started construction in July 2024. There has been two Contract Change Orders to date.

Change Order No. 1 was a change to the plans to add white roses to the project at a cost of $21,735. Changer Order No. 2 was a change to the plans to add a stain to the rock wall to help it blend into the surrounding area at a cost of $24,026.

Change Order No. 3 (this item) is requested to fix drainage channels that were eroded and damaged during heavy rainstorms, the removal of a non-compliant water backflow, the removal and relocation of installed palm trees due to airport concerns and the replacement of roses that will block the newly installed sign at a cost of $91,275 . A copy of the change order is included as Attachment

1. Due to the Festivals in April, the contractor was directed to complete the work in advance of April to avoid the heavy anticipated traffic along the project site leading to the I-10/Jefferson interchange.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$91,275 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
AGENDA ITEM #10.10
Ratification of Change Order No. 3 with Marina Landscape, Inc. in the am... Page 155 of 381 Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Capital Projects Fund Fund-Org-Object Reference:
300-523006

Additional Financial Details:

The work included in this item has incurred additional expenses totaling $91,275, necessitating a contract change order. These costs were not included in the FY24/25 budget allocations. To address this financial shortfall, it is proposed that a budget transfer be made from the unspent funds in City Project No. ST2405: Public Street Sign Replacements to City Project No. ST2308: Jefferson Overpass Median Improvements in the amount of $91,275. This transfer will ensure the financial requirements of the change order are met, allowing the project to continue without disruption while preserving the integrity of planned fiscal resources.

ATTACHMENTS:

Attachment 1 - Change Order No. 3 with Marina Landscape, Inc.

APPROVAL(S):

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CHANGE ORDER NO. 3 WITH
MARINA LANDSCAPE, INC.

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Ratification of Change Order No. 3 with Marina Landscape, Inc. in the am... Page 169 of 381 City of Indio
City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072 (Dolfina), generally located on the southeast corner of Jackson Street and Avenue 49

RECOMMENDATION:

Find that the Final Tract Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072 (Coco Palms), generally located on the southeast corner of Jackson Street and Avenue 49; authorize the City Clerk to attest the approved Tract Map upon completion of any technical corrections required by the City Engineer; and authorize the Mayor to sign and the City Clerk Survey and Street the accept and Improvement Subdivision the attest to Agreement Monument Improvement guarantee in the form of a Lien Agreement.

SUMMARY:

The proposed residential subdivision for Tract Map No. 38072 (Dolfina) is generally located on the southeast corner of Jackson Street and Avenue 49. Coco Palms 27, LLC, has submitted the Subdivision Agreement site the guarantee Line to with along Agreement Improvement a improvements.

BACKGROUND INFORMATION:

On April 20, 2022, the City Council approved Tentative Tract Map No. 38072 and set certain conditions for the site improvements. Coco Palms 27, LLC, is required to comply with the conditions of Subdivision the executed has LLC, Palms 27, map. tract tentative approved the Coco Improvement Agreement and submitted a Line Agreement to guarantee the completion of the site improvements.

The improvements consist of Street and Survey Monument Improvements within the tract boundaries.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
AGENDA ITEM #10.11
Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072 (Dolfina), g... Page 170 of 381 Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

The subdivision lots in the Final Tract Map No. 38072 have been annexed into the Public Safety Community Facilities District 2004-1.

ATTACHMENTS:

Attachment 1 - Vicinity Map

APPROVAL(S):

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Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072 (Dolfina), g... Page 171 of 381 $77$&+0(17
9,&,1,7<0$3

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Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072 (Dolfina), g... Page 172 of 381

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Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072 (Dolfina), g... Page 173 of 381 City of Indio
City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Conflict: Yes Member: Elaine Holmes
Subject: Amendment No. 3 to the existing Professional Services Agreement with Steve Serna dba Serna & Associates, in the amount of $203,000 and extend the term of the Agreement until June 30, 2026, for the Park Ambassador Program for FY 2025/26

RECOMMENDATION:

Approve Amendment No. 3 to the existing Professional Services Agreement with Steve Serna dba Serna & Associates, in the amount of $203,000 and extend the term of the Agreement until June 30, 2026, for the Park Ambassador Program for FY 2025/26 and authorize the City Manager and City Attorney to negotiate all terms and conditions of the contracts, as needed.

SUMMARY:

The proposed amendment to the existing contract with Steve Serna dba Serna & Associates (Serna) would add the Park Ambassador Program, previously managed by the Desert Recreation District (DRD), in an effort to improve service and reduce costs. Serna currently provides 12-hour coverage for the Downtown Ambassador Program and would expand to 24-hour coverage ensuring public spaces remain safe and welcoming. This transition is part of a broader restructuring that also proposes to move park janitorial services to Dynamic Building Maintenance, Inc. The City would continue to partner with DRD to manage both the recreational programming and park reservations.

By shifting janitorial and ambassador duties to specialized providers, the City aims to enhance park cleanliness, increase safety, and deliver more targeted efficient service at a reduced cost across its 13 parks and future Indio Sports Park.

BACKGROUND INFORMATION:

On December 1, 2018, the City entered into a Professional Services Agreement (PSA) with Steve Serna dba Serna & Associates in the amount of $13,286 per month ($159,432 per year) to provide uniformed security patrol services to the City’s Downtown area, parks, facilities, and other City owned properties.

On May 17, 2023, the City Council approved the creation of the “City of Indio Downtown Ambassador Program” to enhance hospitality and safety in Downtown Indio. The program is to procure a team of trained ambassadors who would provide visitor assistance and community engagement; patrol the Downtown area for safety, security and be a presence to deter crime; and to help maintain a clean and attractive Downtown, which include tasks such as litter pick up, light AGENDA ITEM #10.12
Amendment No. 3 to the existing Professional Services Agreement with Ste... Page 174 of 381 sweeping, and reporting of graffiti to IPD, or the reporting of maintenance issues to the Public Works department.

On August 16, 2023, the City Council approved Amendment No. 1 to the PSA, authorizing an additional not-to-exceed amount of $100,000 annually to support the Downtown Ambassador Program. The extension also extended the term of the agreement for one-year, with the option to renew for one additional year.

On August 17, 2024, the parties agreed to Amendment No. 2 to the PSA, extending the term of the agreement through August 23, 2025. The amendment increased the not-to-exceed amount by $100,000 annually to cover the expanded services, update the Ambassador rate and include a time and a half rate for six holidays.

On February 15, 2023, the City entered into an agreement with the Desert Recreation District to administer certain recreational activities and related services that benefit the residents of Indio.

On October 4, 2023, the City Council approved Amendment No. 1 to the PSA with the Desert Recreation District’s to provide park supervision and custodial services at the City’s parks. Services were to be provided between the hours of 6:00 am to 11:00 pm, 7 days a week, 365 days a year, consistent with the support DRD offers to other cities. DRD park attendants open and secure the parks, provide information to park users, are trained to respond to medical emergencies, and ensure compliance with park rules and regulations. Custodial support includes cleaning and stocking restrooms, preparation of rental spaces, and report broken equipment, vandalism, and other maintenance issues to the City for timely resolution.

The City of Indio maintains 13 parks and open spaces, with the addition of the new Indio Sports Park underway. These parks serve as essential recreational assets for the community. Recent investments have focused on enhancing accessibility, increasing community engagement, and expanding recreational opportunities. However, ongoing challenges related to park maintenance and safety have made it clear that a more structured and focused approach is needed for custodial and ambassador services.

Currently, the DRD provides a bundled package of services that includes custodial work and park ambassador duties, at an annual cost of $558,825. Park programming and facility reservations are offered separately and funded through user fees. While this approach has served the community, a recent evaluation identified opportunities to improve service quality and reduced costs by shifting responsibilities to specialized providers.

To improve service efficiency and achieve cost savings, it is proposed to transition janitorial and park ambassador services from DRD to two dedicated service providers — Dynamic and Serna.

 Steve Serna dba Serna & Associates services would be expanded to manage the Park Ambassador Program. Their additional responsibilities would include ensuring parks are used appropriately, enhancing safety, and maintaining a welcoming environment. Serna currently provides 12-hour coverage for the Downtown Ambassador Program, and with this amendment, they would expand to offer 24-hour ambassador support services at the parks.

The original contract was awarded through a formal Request for Proposals (RFP) process.

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Amendment No. 3 to the existing Professional Services Agreement with Ste... Page 175 of 381 As part of the broader restructuring, custodial duties for park facilities are proposed under a separate provider under a different contract. DRD will continue to oversee recreational programming and park reservations, including organizing community events and managing field reservations.

By moving to specialized service providers, the City anticipates both cost savings and service enhancements. Specifically, this contract with Steve Serna dba Serna & Associates is structured to maintain high-quality ambassador coverage at a significantly lower cost than the bundled services previously provided by DRD.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$203,000 Strategic Objective: Public Safety
Source of funds: Fund-Org-Object
Reference:
600 523009

Additional Financial Details:

The City previously paid DRD $558,825 annually for combined custodial and ambassador services.

Under the new model, ambassador services through Steve Serna dba Serna & Associates will cost $203,000. When combined with the cost of custodial services under a separate contract, the City’s total annual cost will be $387,649.92, representing a savings of $171,175.08 per year while maintaining essential park services.

ATTACHMENTS:

Attachment 1 - Amendment 3 with Steve Serna dba Serna & Associates

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 29 Apr 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 02 May 2025 Ruby D. Walla, Director of Finance Approved - 02 May 2025 Bryan H. Montgomery, City Manager Approved - 02 May 2025

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AMENDMENT 3 WITH STEVE SERNA DBA

SERNA & ASSOCIATES

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3RD AMENDMENT TO AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION

AND

STEVE SERNA DBA

SERNA & ASSOCIATES

A CALIFORNIA CORPORATION

Form Approved January 7, 2025

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3RD AMENDMENT TO AGREEMENT

FOR SECURITY PATROL SERVICES

BETWEEN THE CITY OF INDIO AND STEVE SERNA DBA SERNA & ASSOCIATES

This Amendment No. 3 ("Amendment No. 3”) to the Professional Services Agreement is made and entered into this 1st day of July, 2025 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation organized as a general law city and Steve Serna & Associates, Inc., a California Corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and collectively referred to as the “Parties.”

RECITALS

1. City and Consultant entered into an agreement entitled “Agreement for Professional Services” dated December 1, 2018, as amended by Amendment 1 on August 16, 2023, and Amendment 2 on August 17, 2024, (“Agreement”), for the purpose of providing uniformed security patrol services for the City’s downtown area, parks, facilities, and other City-owned properties.

2. The current scope of services in Exhibit A to the Underlying Agreement limits patrol coverage to the hours of 6:00 PM to 6:00 AM daily.

3. The City now desires to expand the patrol services to cover a 24 -hour period, inclusive of 6:00 AM to 6:00 PM daily, in order to increase security presence and coverage across City facilities.

4. The City desires to amend the Underlying Agreement to: (1) extend the term to the end of the fiscal year on June 30, 2026; (2) update the Scope of Services to provide 24-hour security and ambassador services at the City parks , and (3) revise the designated service locations by adding Indio Sports Park and removing the Ralphs grocery building.

5. Consultant is qualified and agrees to this Amendment No. 3

NOW, THEREFORE , for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the Parties do hereby enter into this Amendment No. 3 which modifies and amends the Agreement as follows:

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Section 1. RECITALS
The Recitals set forth above are hereby incorporated into this Amendment No. 3 by this reference, as though fully set forth herein.

Section 2. DEFINITIONS AND TERMS

All words, terms and phrases used or referenced in this Amendment No. 3, not expressly defined herein, shall have the same meaning ascribed to them in the Agreement.

Section 3. AMENDMENTS

a. Section 2 of the Agreement.

It is hereby recognized that pursuant to Section 2 of the Agreement, the Agreement is hereby amended to extend the term of the Agreement through June 30, 2026, unless earlier terminated in accordance with the Agreement, and pursuant to all terms and condit ions in the Agreement, or as amended.

b. Section 1 and Section 17 of the Agreement.

Pursuant to Sections 1 and 17 of the Agreement, and consistent with the services provided under Amendment Nos. 1 and 2, the Scope of Services is hereby amended to reflect that Consultant shall provide 24 -hour, unarmed, uniformed security services and park ambassador services at designated City parks, seven (7) days per week, effective July 1, 2025. Contractor hereby agrees to provide to the City the additional services under this Amendment No. 3, in compliance with Exhibit A-Attachment 1, attached hereto and incorporated (“Additional Services”).

c. Attachment 1 of Exhibit A of the Agreement. The scope of services is further amended to reflect the following modifications: Location 46. Old Ralphs Grocery Bldg., 81743 Avenue 46 is hereby replaced with Indio Sports Park, 86400 Market Street, and location 8. Tingman Park is hereby renamed to Downtown Parking Lot @ Jackson St Bridge.

d. Section 4 (a) of the Agreement . Section 4(a) of the Agreement is hereby Amended to increase the Amount per year by Two Hundred Three Thousand ($203,000) for a new annual total amount of Five Hundred Sixty-Two Thousand Four Hundred Thirty-Two Dollars ($562,432.00).

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Section 4. COUNTERPARTS
This Amendment No. 3 may be executed in several counterparts, each of which shall be deemed to be an original and shall constitute one and the same instrument and shall become binding upon the Parties when at least a copy hereof shall have been signed by the Parties hereto.

Section 5. CONFLICTS
In the event there exists any conflicts between the terms of this Amendment No. 3 and the Agreement, the terms of this Amendment No. 3 shall be superseding.

Section 6. REMAINING PROVISIONS
All other remaining terms and conditions of the Agreement , and the two prior Amendments shall remain unchanged.

[SIGNATURE PAGE FOLLOWS]

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

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

CITY CLERK
By: ___________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
APPROVED AS TO FORM:

CITY ATTORNEY
By: ___________________________
Steven P. Graham
City Attorney
CONSULTANT:

Steve Serna dba Serna & Associates

By:

Steve Serna
CEO
Attachments:

Exhibit A Scope of Services

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Exhibits

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide security services for the Downtown and Parks Ambassador Program as described in Exhibit “A”.

REQUIREMENTS Contractor shall adhere to the following:

1.1 Ensure that security personnel perform their duties in accordance with City policies, procedures, and conditions.

1.2 Assigned security personnel must pass a comprehensive pre-employment background/reference check, including live-scan. The Contractor shall absorb costs associated with such background/reference checks. The following are grounds for rejection for providing services to the City include: any felony conviction; any conviction for a substance abuse (felony or misdemeanor); any misdemeanor conviction of a crime of violence; any misdemeanor conviction for theft or moral turpitude; any gang affiliation; any excessive record of arrests; or any current or pending criminal investigation in which the personnel is a suspect. City retains t he right to conduct its own background check at Contractor and its assigned security personnel. By submitting a proposal, Contractor, and the assigned security personnel consent to such an inquiry.

1.3 Ensure that security personnel possess the following minimum physical and mental capabilities: (eyesight, hearing, full range of use of fingers/limbs, ability for rapid mental and muscular coordination simultaneously; ability to climb a ladder and perform other similar physical activities).

1.4 Ensure that security personnel have normal concern for their own physical safety and shall take reasonable precautions not to place themselves in situations that would encourage violence or jeopardize the safety of other persons in the area.

1.5 Ensure the conduct and behavior of security personnel are beyond reproach. Security personnel are to be polite, cooperative, and able to work in harmony with one another, visitors, and with other City employees.

1.6 Schedule security coverage for vacations, holidays, unscheduled absences, and/or other unplanned occurrences. Any costs (including overtime) associated with scheduling vacations, holidays, and absences are the responsibility of the Contractor.

1.7 Immediately transfer/remove security personnel from the account at the City’s request. This includes the assigned Supervisor or other person representing the Contractor.

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1.8 Ensure that security personnel are fully aware of the political sensitivities that exist in a municipal government.

1.9 Provide strict key control for all government keys and key cards. Keys issued to the successful Contractor are not to be duplicated. Should the Contractor lose a set of keys, or should it be shown that duplication of the keys by the Contractor has wrongfully occurred, the Contractor shall reimburse the City for the actual cost of re-keying all locks, doors, and gates to the facility.

1.10 Have a ready source of qualified individuals to perform the function and administer the employee selection and scheduling, billing , and administrative functions of the City’s agreement.

1.11 Maintain a reserve of immediately available alternates in the event a scheduled individual, because of illness or other reason, becomes unavailable to perform the functions of the position, so that no position is ever uncovered.

1.12 Ensure that security personnel have photo identification and attach it properly to their uniforms in a readily visible manner.

1.13 Ensure that security personnel give undivided attention to their duties and given responsibilities. Long, unnecessary conversations with other individuals shall be avoided.

1.14 Ensure that security personnel do not read, write, or study while on duty - except as may be required in connection with their duties and responsibilities.

1.15 Ensure that security personnel do not smoke or use other forms of tobacco products while on the job. These products are not allowed on City property.

1.16 Ensure that security personnel do not read, eat, or groom while in public view. Ensure that security personnel do not wear headphones, conduct personal calls, or bring visitors onto the work site.

1.17 Ensure that security personnel are equipped with the necessary equipment and supplies to properly perform his or her duties.

1.18 Ensure that security personnel are not permitted to provide themselves with unauthorized personal equipment (e.g., firearms, chemical agents, knives, etc.).

1.19 Ensure that security personnel neither use nor have in their possession

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1.20 intoxicants and/or controlled substances on or near the job site. The odor of intoxicants and/or controlled substances on or about the Contractor's security and supervisory personnel shall cause the Contractor to immediately remove the individual(s) from the job site.

1.21 Ensure that security personnel comply with the duties and responsibilities as outlined in these specifications.

1.22 Ensure that all scheduling information is provided in military time (24 -hour scale).

1.23 Ensure prompt replacement of security personnel in the event of illness or emergency.

1.24 Ensure that security personnel at all times remain awake and alert. The Contractor shall take appropriate disciplinary action in the event a security guard is found asleep (or appears to be asleep) while on duty.

1.25 Ensure that security personnel at all times keep their clothing neat, clean, and well-pressed. Uniforms shall not have rips, tears, visible repairs, missing buttons, excessive tightness, or bagginess.

1.26 Provide the necessary training and supervision for security personnel.

1.27 Provide sufficient unscheduled supervisor visit(s) to the City Sites.

1.28 Provide a clearly marked security guard vehicle(s) to its security personnel.

1.29 Maintain security records for access logs, incident reports (along with police reports) for a minimum of seven (7) years after the end of the calendar year. Daily security log/reports shall be held for a minimum of two (2) years after the end of the calendar year. The Contractor's Point of Contact shall develop and implement a paperwork management program.

1.30 Review the daily security guard log/report and submit copies to the Indio Police Department on a bi-weekly basis.

1.31 Designate a point of contact for the City who shall coordinate all issues related to this agreement, including staffing, performance, etc. ("Point of Contact").

Consultant shall not replace the Point of Contact unless prior notice is given to, and the replacement approved by the City.

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1.32 Maintain security records for access logs, incident reports (along with police reports) for a minimum of seven (7) years after the end of the calendar year. Daily security log/reports shall be held for a minimum of two (2) years after the end of the calendar year. The Contractor's Point of Contact shall develop and implement a paperwork management program.

1.33 Contractor shall develop a set of "Post Orders" documenting both general procedures as well as site -specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City's represent ative within thirty (30) days from commencement of services to the City. Each security guard employed by the Contractor shall at a minimum: (i) possess a valid and current security guard registration card, with photo identification, as issued pursuant to t he State of California, Department of Consumer Affairs, Bureau of Security and Investigative Services; (ii) possess at least twelve (12) months experience as an industrial security guard or security officer; (iii) have a valid Class C California Driver License and (iv) have the ability to fluently speak and write English.

1.34 Within ten (10) working dates after receiving notice that the agreement with the City has been terminated, and as a condition of final invoice payment by the City to the Contractor, the Contractor shall provide a list of all employees that are providing su ch services to the City buildings and facilities, including the name, address, phone number, date of hire, and employment classification of each covered employee.

Such services shall also be provided in a manner consistent with the Downtown Ambassador Program to enhance hospitality and safety in City parks.

1.35 Patrol and Surveillance: Park Ambassadors will open and secure, conduct regular patrols of the designated parks and open spaces, ensuring compliance with rules and regulations, preventing incidents, and responding to emergencies.

Designated parks are further described in the Underlying Agreement.

1.36 Visitor Assistance: Park A mbassadors will provide information to park users, assist with direc tions, and address inquiries about park rules, ac tivities, facilities, and events.

1.37 Emergency Response: Park Ambassadors will be trained to respond effectively to medical emergencies, natural disasters, and other incidents that may arise within the parks.

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City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment No. 1 to the existing Professional Services Agreement with Dynamic Building Maintenance, in the amount of $184,800 and extend the term to the end of the fiscal year on June 30, 2026, for park janitorial services for FY 2025/26

RECOMMENDATION:

Approve Amendment No. 1 to the existing Professional Services Agreement with Dynamic Building Maintenance, in the amount of $184,800 and extend the term to the end of the fiscal year on June 30, 2026, for park janitorial services for FY 2025/26 and authorize the City Manager and City Attorney to negotiate all terms and conditions of the contract, as needed.

SUMMARY:

The proposed amendment to the existing contract with Dynamic Building Maintenance (Dynamic) would add janitorial services for City parks, previously managed by the Desert Recreation District (DRD) in an effort to improve services and reduce costs. Dynamic currently provides custodial services to all City-owned buildings and would expand to handle tasks such as restroom cleaning in public park facilities. This transition is part of a broader restructuring that also proposes to moves park ambassador services to Serna & Associates, Inc. (Serna). The City would continue to partner with DRD to manage both the recreational programming and park reservations. By shifting janitorial and ambassador duties to specialized providers, the City aims to enhance park cleanliness, increase safety, and deliver more targeted efficient service at a reduced cost across its 13 parks and future Indio Sports Park.

BACKGROUND INFORMATION:

On December 7, 2022, the City Council approved a Professional Services Agreement with Dynamic in the amount of $200,400 per year to provide janitorial services at City facilities.

The City of Indio maintains 13 parks and open spaces, with the addition of the new Indio Sports Park Recent community. the for assets are essential parks These underway. recreational investments have focused on enhancing accessibility, increasing community engagement, and expanding recreational opportunities. However, ongoing challenges related to park maintenance and safety have made it clear that a more structured and focused approach is needed for janitorial and ambassador services.

Currently, the DRD provides a bundled package of services that includes custodial work and park ambassador duties, at an annual cost of $558,825. Park programming and facility reservations are AGENDA ITEM #10.13
Amendment No. 1 to the existing Professional Services Agreement with Dyn... Page 191 of 381 offered separately and funded through user fees. While this approach has served the community, a recent evaluation identified opportunities to improve service quality and reduced costs by shifting responsibilities to specialized providers.

To improve service efficiency and achieve cost savings, it is proposed to transition janitorial and park ambassador services from DRD to two dedicated service providers — Dynamic and Serna.

 Dynamic services would be expanded to janitorial duties in City parks, including restroom cleaning and general sanitation of park facilities. Dynamic already provides janitorial services to all City-owned buildings, and this new role extends their scope. The original contract with Dynamic was awarded through a formal Request for Proposals (RFP) process.

This transition is part of a broader restructuring effort to separate custodial and ambassador responsibilities and assign them to providers with targeted expertise. While Dynamic would focus exclusively on janitorial services, Serna & Associates, Inc. would manage the Park Ambassador Program under a separate contract amendment.

and cleanliness enhance to is expected with agreement amended proposed The Dynamic responsiveness in park facilities while delivering meaningful cost savings. DRD will continue managing organizing recreational programming and facility reservations, including community activities and overseeing field reservations.

By contracting Dynamic for park sanitation, the City aims to deliver a higher standard of cleanliness and service reliability across its 13 public parks and the forthcoming Indio Sports Park.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$184,800 Strategic Objective: Community
Beautification
Source of funds: Public Works Operational Budget Fund-Org-Object Reference:
1013131 - 523009

Additional Financial Details:

The City previously paid DRD $558,825 annually for a bundled package that included both custodial and be will Maintenance Building Dynamic services. new the Under ambassador model, compensated $184,800 annually for custodial services. When combined with the cost of the Park Ambassador Program, the total annual cost for both contracts is $387,649.92 resulting in annual savings of $171,175.08 while maintaining full-service coverage.

ATTACHMENTS:

Attachment 1 - Amendment 1 with Dynamic Building Maintenance

APPROVAL(S):

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Amendment No. 1 to the existing Professional Services Agreement with Dyn... Page 192 of 381 Timothy Wassil, Public Works Director Approved - 29 Apr 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 01 May 2025 Ruby D. Walla, Director of Finance Approved - 01 May 2025 Bryan H. Montgomery, City Manager Approved - 01 May 2025

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AMENDMENT 1 WITH

DYNAMIC BUILDING MAINTENANCE

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1ST AMENDMENT TO AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION

AND

DYNAMIC BUILDING MAINTENANCE

A CALIFORNIA CORPORATION

Form Approved January 7, 2025

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1ST AMENDMENT TO AGREEMENT

FOR JANITORIAL SERVICES

BETWEEN THE CITY OF INDIO AND DYNAMIC BUILDING MAINTENANCE

This Amendment No. 1 ("Amendment No. 1”) to the Professional Services Agreement is made and entered into this 1st day of July, 2025 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation organized as a general law city and Dynamic Building Maintenance, a California Corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and collectively referred to as the “Parties.”

RECITALS

1. City and Consultant entered into an agreement entitled “Facilities Janitorial Services Agreement” dated December 7, 2022, (“Agreement”), for the purpose of providing janitorial and custodial services for the City’s parks, facilities, and other City-owned properties.

2. The City desires to amend the Agreement to (1) expand the Scope of Services to include janitorial services for City parks, (2) increase the compensation amount by $184,800 for Fiscal Year 2025/26 for those new services, and (3) extend the term of the Agreement to June 30, 2026.

OPERATIVE PROVISIONS
NOW, THEREFORE , for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows :

Section 1. RECITALS

The Recitals set forth above are hereby incorporated into this Amendment by this reference, as though fully set forth herein.

Section 2. DEFINITIONS AND TERMS

All words, terms and phrases used or referenced in this Amendment No. 1, not expressly defined herein, shall have the same meaning ascribed to them in the Agreement.

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Section 3. AMENDMENTS

A. Section 1 of the Agreement.

The Scope of Services attached as Exhibit A hereto and incorporated herein to this Amendment No. 1 is hereby expanded to include janitorial services for City parks, as detailed in the attached Exhibit A (Scope of Services for Parks).

B. Section 2 of the Agreement.

Section 2 of the Agreement is hereby amended to read:

The monthly compensation amount shall be SIXTEEN THOUSAND AND SEVEN HUNDRED Dollars ($16,700.00), including consumables. The compensation shall be paid in accordance with the rates set forth in the Schedule of Compensation attached hereto and incorporated herein as Exhibit B. Commencing on Jul y 1, 2025, and end on June 30, 2026, the monthly amount shall be increased by Fifteen Thousand Four Hundred Dollars ($15,400.00) for the janitorial services for City parks, as detailed in the attached Exhibit A (“Add itional Amount for Expanded Services”). The Additional Amount for Expanded Services yearly in the amount of One Hundred Eighty -Four Thousand Eight Hundred ($184,800) for the expanded services in Fiscal Year 2025/26. Accordingly, the cumulative amount to be paid to Contractor commencing July 1, 2025, and ending June 30, 2026, shall be Three Hundred Eight -Five Thousand Two Hundred Dollars ($385,200). To the extent necessary, the City Manager is hereby delegated authority to expand services, and accordingly the payment amount, in accordance with budgetary constraints.

c. Section 3 of the Agreement.

It is hereby recognized that pursuant to Section 3 of the Agreement , the Agreement is hereby amended to extend the term of the Agreement through June 30, 2026, unless earlier terminated in accordance with the Agreement , and pursuant to all terms and conditions in the Agreement, or as amended.

Section 4. COUNTERPARTS
This Amendment No. 1 may be executed in several counterparts, each of which shall be deemed to be an original and shall constitute one and the same instrument and shall become binding upon the Parties when at least a copy hereof shall have been signed by the Parties hereto.

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Section 5. CONFLICTS
In the event there exists any conflicts between the terms of this Amendment and the Agreement, the terms of this Amendment shall be superseding.

Section 6. REMAINING PROVISIONS
All other remaining terms and conditions of the Agreement shall remain unchanged.

[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]

[SIGNATURE PAGE FOLLOWS]

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

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

CITY CLERK
By: ___________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
APPROVED AS TO FORM:

CITY ATTORNEY
By: ___________________________
Steven P. Graham
City Attorney
CONSULTANT:

Dynamic Building Maintenance

By:

Art Ojeda
Co-Director / President
Attachments:

Exhibit A Scope of Services

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Exhibits

EXHIBIT A

EXPANDED SCOPE OF SERVICES FOR CITY PARKS

Dynamic Building Maintenance shall provide janitorial services at City of Indio parks, including but not limited to the following locations:

• Hjorth Park

• Burr Park

• Carreon Park

• Miles Park

• Cahuilla Park

• Dominguez Park

• Patton Park

• South Jackson Park

• South Jackson Soccer Fields

• Davis Field

• Yucca Park

• North Jackson Park

• Shields Park

• Mulligan Dog Park

• Station 87 Dog Park

Scope of Services:

1. Restroom Cleaning (7 Days per Week)

- Complete restroom janitorial cleaning at all park locations.

- Restock consumables (toilet tissue, hand soap, trash liners) supplied by the City.

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Exhibits

- Restrooms will be opened by 6:00 a.m. and closed by 6:00 p.m.

2. Park Grounds and Amenities Cleaning (7 Days per Week)

- Police the grounds for debris and litter removal.

- Empty trash receptacles throughout each park.

- Clean and maintain park amenities including:

o Playground equipment
o Barbecue grills
o Park benches and picnic tables
o Hard surface areas

3. Power Washing

Bi-weekly (twice monthly) power washing of park amenities (barbecue areas, playground equipment, benches, tables, and other hard surfaces).

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City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Accept the street and survey monument improvements and authorize the release of the surety for Terra Lago Indio, LLC, Tract Map Nos. 32341-11, 32341-12, and 32287 (Four Seasons at Terra Lago), generally located east of Golf Center Parkway and north of Avenue 44

RECOMMENDATION:

Accept the street and survey monument improvements and authorize the release of the surety for Terra Lago Indio, LLC, Tract Map Nos. 32341-11, 32341-12, and 32287 (Four Seasons at Terra Lago), generally located east of Golf Center Parkway and north of Avenue 44.

SUMMARY:

Four Seasons at Terra Lago, Tract Map Nos. 32341-11, 32341-12, and 32287, are residential subdivisions generally located east of Golf Center Parkway and north of Avenue 44. Terra Lago Indio, improvements monument survey and street has completed developer, the LLC, the associated with the above referenced subdivisions and is requesting City Council acceptance and release of the surety bonds.

BACKGROUND INFORMATION:

Terra Lago Indio, LLC, has completed the street and survey monument improvements at Four Seasons at Terra Lago for Tract Map Nos. 32341-11, 32341-12, and 32287. The following improvements, in part, were required as conditions of the approved Tentative Tract Map Nos. 32341 and 32287:

These improvements are now ready for acceptance and, as is customary, the developer is requesting release of the posted surety bonds. The developer has also posted maintenance bonds for the improvements. Staff is requesting authorization to release the maintenance bonds in one year from the date of acceptance, if there are no deficiencies that occur with the improvements within such time frame. If that should occur, the maintenance bonds would not be released in order to ensure maintenance work is conducted.

FINANCIAL SUMMARY:

AGENDA ITEM #10.14
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N/A

Additional Financial Details:

There is no financial impact associated with the release of the surety bonds.

ATTACHMENTS:

Attachment 1 - Vicinity Map

APPROVAL(S):

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9,&,1,7<0$3

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TERRA LAGO PARKWAY
AVENUE 43
AVENUE 44
TR 32287

FOUR SEASONS

AT TERRA LAGO
TR 32341-12
TR 32341-11
LEGEND
f'7A PROJECT
tLd SITE
SECTION 17, T. 5 S., R. 8 E., SBM

VICINITY MAP

NOTTO SCALE

ENGINEERING SERVICES

MEETING DATE
MAY7, 2025

APPLICANT

TERRA LAGO INDIO, LLC
t-------------------1

IINDIIO
DESCRIPTION:

ACCEPT THE STREET AND SURVEY

MONUMENT IMPROVEMENTS AND AUTHORIZE

RELEASE OF THE SURETY FOR TERRA LAGO
INDIO, LLC, TRACT MAP NOS. 32341-11,
32341-12, AND 32287 (FOUR SEASONS AT
TERRA LAGO).

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City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jose Ramirez, Management Analyst
Subject: Mobile with agreement extension rental month-to-month a Authorize Modular for the temporary clubhouse at The Lights at Indio Golf Course in an amount not-to-exceed $83,899

RECOMMENDATION:

Authorize a month-to-month rental extension beginning May 2025 for the temporary modular clubhouse located at The Lights at Indio Golf Course with Mobile Modular in an amount not-to- exceed $83,899

SUMMARY:

The rental agreement with Mobile Modular for the rental of temporary modular units at The Lights at Indio Golf Course was approved within the City Manager’s authorized spending limit. However, due to an updated construction timeline, the new permanent clubhouse is now expected to be completed in July 2025. To maintain uninterrupted operations during this final construction phase, staff recommends extending the Mobile Modular rental agreement on a month-to-month basis starting May 2025. The monthly rental cost remains $5,593.24, and the estimated additional term is 3-4 months. This change will bring the total contract amount above the $75,000 threshold, requiring formal City Council approval.

BACKGROUND INFORMATION:

In June 2024, the City entered into a rental agreement with Mobile Modular to provide temporary modular facilities to support ongoing golf course operations during construction. At the time, the contract total fell within the City Manager’s approval authority.

Due to required coordination with the Imperial Irrigation District (IID) to coordinate off-site trenching work necessary to power the new clubhouse, the building is not expected to be energized and fully operational until July 2025. To ensure continuity of services during this extended timeline, staff recommends extending the existing agreement with Mobile Modular on a month-to-month basis. If construction is completed earlier than expected, the City will only be billed for the months the units are used. The extension will be funded through Project Code CIP-BD2409, Org-Object Code 300- 554002.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$67,119 In current year budget: Yes
AGENDA ITEM #10.15
Authorize a month-to-month rental extension agreement with Mobile Modula... Page 206 of 381 Current FY General
Fund Impact:
0 Budget adjustment: No
Next FY Financial
Impact:
$5,593 Strategic Objective: Community Infrastructure
Source of funds: CIP Fund-Org-Object
Reference:

CIP-BD2409 (300-
554002)

ATTACHMENTS:

Attachment 1 - Mobile Modular PO and Lease Agreement

APPROVAL(S):

Jennifer A. Mizrahi, Assistant City Attorney Approved - 26 Apr 2025 Ruby D. Walla, Director of Finance Approved - 27 Apr 2025 Bryan H. Montgomery, City Manager Approved - 28 Apr 2025

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Mario Duran
3/20/2024

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Mario Duran
3/20/2024

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City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Consideration of Membership in and approval of Agreement for the Coachella Valley Power Agency Joint Powers Authority (CVPA JPA) regarding electric power in the eastern Coachella Valley.

RECOMMENDATION:

Approve membership in and agreement for the Coachella Valley Power Agency Joint Powers Agreement.

SUMMARY:
• The 99-year Agreement of Compromise (Agreement) between the Coachella Valley Water District (CVWD) and Imperial Irrigation District (IID), making IID the electrical service provider for the greater Coachella Valley (CV) is set to expire on December 31, 2032. This raised questions and concerns address best to how to as community and leaders elected local by stakeholders representation and electrical infrastructure service needs in the future. • The IID Board is elected by registered voters within IID’s jurisdictional boundary, which is limited to Imperial County, without any representation from Riverside County, or the Coachella Valley (CV) which accounts for approximately 65% of IID’s energy revenues. • Significant electrical infrastructure needs lead to the City and IID to form the Indio Electric Finance Authority (IEFA) in June of 2023. As a joint powers authority, the IEFA imposed a surcharge collected by IID and the proceeds were pledged to obtain ~$60M in financing to address the most immediate electrical infrastructure needs. • The Coachella Valley Power Agency (CVPA) Joint Powers Authority (JPA) establishes an independent public agency that would be broader in area and scope than the IEFA. The CVPA would be an agency for all entities within the IID service territory in the Coachella Valley to provide the authority and representation we have all sought to address electrical infrastructure needs and services. (The CVPA would not replace the IEFA, but would be an additional joint powers authority).

BACKGROUND INFORMATION:

Addressing theunique and growing electrical infrastructure for the communities in the Coachella Valley served by the Imperial Irrigation District (IID) is a top priority for the region. The 99-year Agreement between CVWD and IID, making IID the electrical service provider for the greater CV is set to expire on December 31, 2032. The looming expiration of the Agreement has raised concerns about representation on electrical service matters, including meeting the current and future electrical infrastructure needs of the communities served by IID.

After nearly two years of negotiations, the City and IID formed the Indio Electric Finance Authority (IEFA) - a joint powers authority created to help address the need for electrical infrastructure AGENDA ITEM #11.1
Consideration of Membership in and approval of Agreement for the Coachel... Page 221 of 381 improvements within Indio. The IEFA was formed in 2023, imposed a surcharge collected by IID, and the proceeds from the surcharge were pledged for financing to address the most immediate electrical infrastructure needs in Indio.

The proposed Coachella Valley Power Agency (CVPA) would be broader in geographic area and scope than the IEFA. Similar to the IEFA, the CVPA would seek to address electrical infrastructure needs within the IID service territory in the Valley and also establish a board made up of representatives from the stakeholder entities with voting power. IID’s Board is comprised of five officials elected by registered voters within IID’s jurisdictional boundary, which is limited to Imperial County. Riverside County’s voters are ineligible to serve on IID’s Board or vote in IID’s elections even though approximately 65% of IID’s energy revenues are generated by ratepayers in the CV.

This would change with the proposed formation of the CVPA JPA.

In July 2021, IID formed the Coachella Valley Energy Commission (CVEC), comprised of stakeholder entities including Riverside County, the Cities of La Quinta, Indio and Coachella, Palm Desert, Rancho Mirage and Indian Wells, and impacted Tribal Nations, to determine the energy needs beyond 2032 for the CV areas served by IID.

After three years of meetings and study sessions that included lengthy discussions and input from a consultant, CVEC members feel that forming the CVPA JPA is the optimal approach to move forward. A resolution endorsing the draft CVPA JPA was presented and approved by CVEC on December 12, 2024. As part of the resolution, CVEC recognized the collaboration between IID and Coachella Valley stakeholders to reach a mutually agreeable governance solution.

Additionally, the resolution recognizes the Coachella Valley Association of Governments (CVAG) as the entity with the capability to initially create, operate, administer and manage the CVPA JPA.

CVAG staff currently manage three JPAs, CVAG, the Coachella Valley Conservation Commission (CVCC) and Desert Community Energy (DCE). DCE is a JPA comprised of Palm Springs and Palm Desert and buys and sells power for ratepayers in the city of Palm Springs. CVAG’s Executive Director and staff led efforts to gather input from stakeholders to draft the CVPA JPA agreement.

The agreement represents a collaborative approach to addressing representation and electrical infrastructure needs. It includes input from various stakeholders, including Leadership Counsel for Justice and Accountability, a non-profit organization representing communities in the unincorporated areas of eastern Riverside County. Leadership Counsel’s recommendations included increasing the meeting frequency, clarifying procedures for requesting and approving the optional weighted vote, composition and role of the ad-hoc committee and ex-officio members, redefining a quorum, and ensuring robust public participation and engagement.

To address these suggestions, the CVPA JPA agreement, which includes standard provisions in any JPA agreement, was amended to increase the frequency of the meetings from at least one meeting annually to one meeting quarterly; and increased the quorum requirement to at least three Directors representing a majority of the members based on weighted vote shares. Once the CVPA is established, the bylaws will address the additional suggestions, and any other procedural and administrative matter. The CVPA JPA will work with Leadership Counsel and any other community organization, to ensure the community interests are represented and addressed.

The CVEC process is now considered complete. However, the CVEC is considered dormant until the CVPA JPA is formally created, at which point the CVEC will dissolve.

This JPA is a starting point in establishing the CVPA, an independent public agency, in

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Consideration of Membership in and approval of Agreement for the Coachel... Page 222 of 381 order to give stakeholders the authority they have long sought with regard to electrical service. Each member party would have the ability to exercise powers to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern CV toward achieving reliable, cost-effective public power.

The CVPA JPA provides the ability for the following members to join:

 Augustine Band of Cahuilla Indians
 Cabazon Band of Cahuilla Indians
 City of Coachella
 Coachella Valley Water District
 City of Indio
 City of Indian Wells
 City of La Quinta
 City of Palm Desert
 City of Rancho Mirage
 County of Riverside
 Torres Martinez Desert Cahuilla Indians
 Twenty-Nine Palms of Mission Indians
A minimum of three (3) agencies are required to join the CVPA JPA for it to be effectively operational. The CVPA JPA agreement provides the ability for additional members to join at a later date. Any other city or party may request to join by submitting a resolution adopted by its governing board. However, such a request shall be subject to approval by two-thirds of the CVPA Board. The City Council of La Quinta approved the agreement last month and the County Board of Supervisors is considering approval at its May 6, 2025 meeting.

Once the CVPA JPA is formed, it will coordinate an agreement between IID and the CVPA JPA, defining the responsibilities of each entity. Funding for CVPA JPA operations, programs, and projects may be derived from multiple sources including but not limited to member assessments, borrowing and/or issuance of debt, grants, surcharges on retail electric rates in affected jurisdictions, development impact fees, or other sources which may be available to the CVPA JPA now or in the future.

Additionally, there will be staffing agreement between the CVPA JPA and CVAG. This staffing agreement will likely be similar to the staffing arrangement that CVAG already has for two other JPAs: the Coachella Valley Conservation Commission (CVCC) and Desert Community Energy (DCE). Those staffing agreements allow CVAG to be reimbursed for staff time, administrative costs and overhead related to the specific agency. It has proven to be a successful model, as it eliminates the need for each JPA to have its own dedicated staff and benefit from economies of scale related to legal, auditing, and other support that are pooled across the agencies.

Increasing population, system reliability, aging infrastructure, capacity limitations, new development, frequent service outages, and questions regarding timely implementation of capital improvements are among concerns that have driven the need for CV stakeholders to provide oversight on electrical service matters.

Overall system capacity is also impacting existing residents and new development that cannot be served by the current substations and grid provided by IID. Further, IID has identified that $1.3 billion is currently needed to maintain and improve generation and transmission capability in IID’s

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ALTERNATIVES:

Not approve the Agreement at this time.

ATTACHMENTS:

Attachment - CVPA JPA Agreement FINAL 3.14.25

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COACHELLA VALLEY POWER AGENCY

JOINT POWERS AGREEMENT

Among the Following Potential Parties:

Augustine Band of Cahuilla Indians
Cabazon Band of Cahuilla Indians
City of Coachella
Coachella Valley Water District
Torres Martinez Desert Cahuilla Indians
City of Indio
City of Indian Wells
City of La Quinta
Twenty-Nine Palms Band of Mission Indians
City of Palm Desert
County of Riverside
City of Rancho Mirage

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Coachella Valley Power Agency
Joint Powers Agreement
March 14, 2025
2 COACHELLA VALLEY POWER AGENCY

JOINT POWERS AGREEMENT

This Joint Powers Agreement (“Agreement”), dated for reference purposes as of May 1, 2025, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B (individually “Party” or “Member”, collectively “Parties” or “Members”). The term “Parties” or “Members” shall also include an incorporated municipality, county, Indian tribe or other eligible entity added to this Agreement in accordance with Section 2.4.

RECITALS
A. Chapter 5 of Division 7 of Title 1 of the California Government Code (the “Act”) authorizes the Parties to create a joint exercise of powers entity which has the power to exercise any powers common to the Parties and to exercise additional powers granted to it under the Act or other California statutes, as applicable.

B. The Parties share various powers under California law, including but not limited to the power to manage, own, operate, purchase, supply, transport, aggregate electricity related enterprises, facilities, equipment, and programs for themselves and customers within their jurisdictions.

C. The Parties, by and through this Agreement, desire to establish a separate public agency, known as the Coachella Valley Power Agency, or CVPA, under the provisions of the Act (including without limitation Section 6502.1 of the Act), in order to collectively: (i) work collaboratively with the Imperial Irrigation District (“IID”) to enable flexibility in addressing the unique needs of CVPA, subgroups of its Members and each of its Members concerning generation and distribution electric services in the eastern Coachella Valley, and (ii) evaluate pathways to transition into a standalone provider of electric generation and distribution services in the eastern Coachella Valley.

D. The purpose of this Agreement is to establish an independent public agency, in order to exercise powers common to each Party, and to exercise additional powers granted to it under the Act and or other relevant legislative authorization(s), including to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern Coachella Valley toward achieving reliable, cost-effective public power.

E. The purpose and intent further include long- and short-term investigation for establishing a stand-alone, integrated publicly-owned electric utility

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Coachella Valley Power Agency
Joint Powers Agreement
March 14, 2025
3 that is locally controlled and supports anticipated growth and development in eastern Coachella Valley, delivery of cost-competitive electricity, product choice, price stability, and augments energy-related climate goals of the Members.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows:

ARTICLE 1: DEFINITIONS AND EXHIBITS

1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise.

1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement.

Exhibit A: Definitions
Exhibit B: List of the Proposed Initial Parties
Exhibit C: Annual Energy Use
Exhibit D: Voting Shares
Exhibit E: Signatures
ARTICLE 2: FORMATION OF COACHELLA VALLEY POWER AGENCY

2.1 Effective Date and Term. This Agreement shall become effective and CVPA shall exist as a separate public agency on May 1, 2025, or when at least three of the proposed initial Parties listed in Section 2.4.1 representing a total of at least 50% of the “Annual Energy %” listed in Exhibit C execute this Agreement, whichever occurs later. CVPA shall provide notice to the Parties of the Effective Date. CVPA shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 6.4, subject to the rights of the Parties to withdraw from CVPA.

2.2 Formation. There is formed as of the Effective Date a public agency named Coachella Valley Power Agency. Pursuant to Sections 6506 and 6507 of the Act, CVPA is a public agency separate from the Parties.

Pursuant to Section 6508.1 of the Act, the debts, liabilities or obligations of CVPA shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of CVPA. A Party who has not agreed to assume a CVPA debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of CVPA. Notwithstanding the above, if CVPA contracts with a public

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March 14, 2025
4 retirement system, the above provisions shall not apply with respect to the retirement liabilities of CVPA pursuant to Section 6508.1 of the Act.

Notwithstanding Section 7.5 of this Agreement, this Section 2.2 may not be amended unless such amendment is approved by the governing body of each Party.

2.2.1 Name. CVPA may change its name at any time through adoption of a resolution of the Board of Directors.

2.3 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party, and to exercise additional powers granted to it under the Act and or other relevant legislative authorization(s), in order to collectively address the unique needs of CVPA and each of its members concerning electric service in the eastern Coachella Valley and study and evaluate pathways to a transition to a standalone provider of electrical services in the eastern Coachella Valley. The purpose and intent further include long- and short-term investigation, planning, constructing, owning, operating and managing power generation and delivery facilities through collaborative arrangements with one or more power related organizations. Such investigations could include any or all of the following:
a. Providing IID with the flexibility and ability to address the unique concerns and needs of CVPA and its individual Members, wherein it may be appropriate to apply rates, rules, regulations, and/or orders within the Coachella Valley that may differ from the rates, rules, regulations, and/or orders applicable to electric service within IID’s general jurisdictional boundary.
b. Evaluating pathways to a transition to a standalone provider of electrical services in the eastern Coachella Valley.
c. Establishing a stand-alone, integrated publicly owned utility.
d. Planning, constructing, owning, operating and managing electric power generation and distribution facilities within or for the benefit of the jurisdictions of the Parties within the eastern Coachella Valley.
e. Providing electric power and other forms of energy and energy services to customers at a competitive cost.
f. Promoting long-term electric rate stability, energy security, quality and reliability for residents through local control of electric generation resources and other energy related equipment and facilities.

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March 14, 2025
5 g. Providing a vehicle for Parties to discuss, plan, implement and manage energy related policies which may benefit the Parties and the constituencies they represent.
h. Reviewing, promoting and administering, as applicable, effective and efficient use and allocation of Public Benefits Charge(s) pursuant to California Public Utilities Commission collection of such charges, or similar successor charges, for Members of CVPA.
i. Carrying out efficiency and conservation programs related to energy consumption.
j. Coordinating, cooperating and contracting with other energy related organizations to attain and improve energy production, efficiency and delivery facilities affecting the Parties and neighboring jurisdictions.
k. Entering into collaborative relationships with neighboring public power entities and other organizations and companies to help achieve the power supply generation and delivery goals of the Parties.
l. Stimulating and sustaining the local economy by
developing local jobs in renewable and conventional energy.

2.4 Membership in CVPA.

2.4.1 The eligible initial Members of CVPA are the Augustine Band of Cahuilla Indians, the Cabazon Band of Cahuilla Indians, the City of Coachella, the Coachella Valley Water District, the Torres Martinez Desert Cahuilla Indians, the City of Indio, the City of Indian Wells, the City of La Quinta, the Twenty-Nine Palms Band of Mission Indians, the City of Palm Desert, the County of Riverside, and the City of Rancho Mirage. Any of the above- named eligible initial Members may join CVPA by approving and executing this Agreement before or after the Effective Date and delivering a copy of the executed Agreement to the Members and, if this Agreement is already effective, the CVPA secretary.

2.4.2 Any other city, county or other eligible party may request to become a member of CVPA by submitting a resolution adopted by its City Council, Board of Supervisors, Tribal Council, Board of Directors or other official governing body, to the Board of CVPA.

The Board shall review the request and shall vote to approve or disapprove the request. Such request shall be subject to

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March 14, 2025
6 approval by two-thirds of the Board as described in Section 3.8.3.

The Board may establish conditions, including but not limited to financial conditions, under which the prospective member may become a member of CVPA. The Board shall notify the then Members of CVPA of this request and the date that the request will be on the Board’s meeting agenda for action. The date set for Board action shall be at least forty-five (45) days from the date the notice is mailed to the Members. If the request is approved by the Board, the city, county or other eligible party shall become a member of CVPA under the terms and conditions set forth by the Board and upon approval and execution of this Agreement by the requesting city, county, or party.

2.4.3 Nothing in this Agreement shall preclude a Party from establishing or operating a municipal electric utility, either as a separate legal entity or as a utility service provided by the establishing Party.

2.5 Powers. CVPA shall have all powers common to the Parties and such additional powers accorded to it by law. CVPA is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 3.8:

2.5.1 to make and enter into contracts;

2.5.2 to employ agents and employees, including but not limited to an Executive Officer;

2.5.3 to lease, acquire, construct, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements;

2.5.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property, improvements or equipment; however, CVPA shall not exercise the power of eminent domain within the jurisdiction of a Party over its objection without first meeting and conferring in good faith;

2.5.5 to sue and be sued in its own name;

2.5.6 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et seq. and authority under the Act;

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March 14, 2025
7 2.5.7 to form subsidiary or independent corporations or entities, if necessary, to carry out energy supply, energy delivery and energy conservation programs at the lowest reasonable cost or to take advantage of legislative or regulatory programs and funding;

2.5.8 to issue revenue bonds and other forms of indebtedness;

2.5.9 to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency or individuals or private entities;

2.5.10 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of CVPA’s services, facilities and other energy programs;

2.5.11 to adopt ordinances, policies, bylaws, rules, and regulations related to CVPA operations;

2.5.12 to establish ordinances, policies, rules, rates, fees, charges and surcharges (including without limitation development impact fees) related to the acquisition, generation, and distribution of energy, the provision of energy services, the acquisition of land, improvements and equipment related thereto, and programs, projects and general operations undertaken within Member service territories;

2.5.13 to make and enter into service agreements relating to the provision of services necessary to plan, implement, construct, own, operate and administer CVPA energy services, programs, including the acquisition of electric power supply and electric generation and distribution facilities, and the provision of retail and regulatory support services;

2.5.14 to invest money in its treasury, pursuant to Government Code Section 6505.5 et seq., that is not required for the immediate necessities of CVPA, as CVPA determines advisable, in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601, et seq.;

2.5.15 to assume the rights and obligations of any Member related to the purpose of this Agreement, and to assume the rights and obligations of any other public agency or utility by agreement or other lawful method;

2.5.16 to carry out and enforce all provisions of this Agreement;

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8 2.5.17 to exercise any and all powers which are provided for in the Act, as they exist on the Effective Date of this Agreement or may hereafter be amended; and

2.5.18 to permit additional parties to enter into this Agreement after the Effective Date.

2.6 Limitation on Powers. CVPA shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and its bylaws.

In accordance with Government Code Section 6509, the powers of CVPA shall be exercised in the manner prescribed in the Joint Exercise of Powers Act, Government Code Sections 6500 et seq., as that Act now exists and may hereafter be amended, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the City of Palm Desert, a charter city, in the exercise of similar powers; provided, however, that if the City of Palm Desert does not become a member or shall cease to be a Member, then CVPA shall be restricted in the exercise of its power in the same manner as the City of La Quinta, a charter city.

ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION

3.1 Governing Body. CVPA shall be governed by a legislative body known as the Board of Directors (“Board”). The Board shall consist of one (1) Director appointed by each of the Members. Each Director shall serve at the pleasure of the governing body of the Party appointing such Director, and may be removed as Director by such governing board at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed by the affected Party to fill the position of the previous Director within 30 days of the date that such position becomes vacant. Directors shall be elected officials of the appointing Party that is a signatory to this Agreement. Each Party may appoint an alternate to serve in the absence of its Director. Alternates shall be elected officials of the appointing Party that is the signatory to this Agreement. The County of Riverside may designate an alternate that is an elected official from any District 4 agency which is not a member of CVPA, given that such agency’s jurisdiction falls wholly or in part within the jurisdictional boundaries of CVPA. The Board shall exercise all powers and conduct all business of CVPA, either directly or by delegation to other bodies or persons pursuant to this Agreement. For any vacancy in Director and Alternate positions, quorum determination and Board voting mechanisms shall be adjusted as provided in Sections 3.7 and 3.8 of this Agreement.

The governing body of a Member may designate a duly appointed Director from another Member to represent and vote on behalf of such designating Member on all CVPA matters affecting the designating Member. Such designation as a proxy must be made annually in writing

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9 at least thirty (30) days before the start of a new CVPA fiscal year and must be effective for the entirety of the forthcoming fiscal year. For the fiscal year in which this Agreement becomes effective, a written notice by a Member designating another Member to act on its behalf may be submitted at any time and will remain in effect for the remainder of that fiscal year. If a designating Member’s Director (or Alternate) is present at any CVPA meeting, such Director (or Alternate) may participate directly on its own behalf.

If additional cities, counties or other eligible entities join CVPA, as set forth in Section 2.4, each city, county or other eligible entity that becomes a member of CVPA shall be entitled to one (1) Director and one (1) Alternate appointed as set forth above.

Ex Officio Directors. The Board may appoint ex officio members of the Board. Ex officio directors shall receive all meeting notices, shall have the right to participate in Board discussions and the right to place items on the agenda but shall not be counted towards a quorum or attend closed session and shall have no vote.

3.2 Regular Board Meetings. The Board shall hold at least one regular quarterly meeting and shall provide for such other regular meetings as it deems necessary. Meetings of the Board shall be held at such locations as authorized under the Ralph M. Brown Act (California Government Code Sections 54950 et seq.), and at such times as may be designated from time to time by the Board. Directors may participate in meetings telephonically or electronically, with full voting rights, only to the extent permitted by law. All meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act.

3.3 Special Meetings of the Board. Subject to all noticing requirements of the Ralph M. Brown Act, special meetings of the Board may be called in accordance with the provisions of California Government Code Sections 54956 and 54956.5, to be held at such times and places within one of the member jurisdictions as may be ordered by the Chair (and at such other locations as allowed under the Ralph M. Brown Act). A majority of the Board may also call a special meeting for any purpose.

3.4 Chair and Vice-Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair.

The Chair and Vice Chair shall serve at the pleasure of the Board.

There shall be no limit on the number of terms held by either the Chair or Vice Chair.

3.5 Conduct of Meetings. The Chair or, in the absence of the Chair, the Vice- Chair, shall preside at all meetings of the Board.

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10 3.6 Resignation of a Director. Any Director may resign effective on giving written notice to the Board Chair or CVPA secretary, unless the notice specifies a later time for the effectiveness of such resignation. A successor shall be appointed by the affected Member as provided for in this Agreement.

3.7 Quorum. A quorum for the transaction of business shall exist if a meeting is attended by at least three (3) Directors representing more than 50% of the Weighted Voting Shares of the Parties.

A quorum shall exist for the transaction of business if a meeting is attended by at least three (3) Directors representing a majority of the of the Members based on Weighted Vote Shares as described in 3.17.1(c) of this Agreement. In all instances a quorum must consist of at least three (3) Directors physically or telephonically present pursuant to the Ralph M. Brown Act. Ex officio, non-voting directors shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action. In the event that a Member has failed to designate a Director, or a Member’s designated Director has died, resigned, left office, been removed from office, and a replacement Director has not yet been designated, and there is no designated Alternate, and there is no other Member’s representative designated to act on the designating Member’s behalf by proxy, such that a Member has no duly acting representative on the Board, then that Member’s vacant Board position shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action.

No action may be taken by the Directors if a quorum of the Board is not present. In the absence of a quorum, any meeting of the Board may be adjourned from time to time by a vote of the majority present, but no other business may be transacted except as provided for in this Section.

If any Member’s Director, Alternate and designated proxy representative has been absent from three (3) or more consecutive Board meetings, that Member’s Director and Alternate positions shall automatically become vacant and any proxy designation shall automatically be temporarily invalidated, each upon the conclusion of such third consecutive Board meeting at which the Member was not represented.

Thereafter, such Member shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action until the Member has filled the vacancy or vacancies in the Director and Alternate positions or redesignated its proxy for the applicable fiscal year, and such appointed or reappointed Director, Alternate, or designated proxy attends a subsequent Board meeting.

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11 3.8 Voting. Except as otherwise expressly provided in this Agreement or required by law, every act or decision by the Board shall be made by:
(1) an affirmative vote of a majority of all Directors who are present at the meeting (“Equal Vote”); or (2) if requested as described below, an affirmative vote of at least three (3) Directors representing a majority of the Weighted Vote Share of the Members represented at the meeting (“Weighted Vote”). “Weighted Vote Share” is defined below.

3.8.1 Weighted Vote and Weighted Vote Shares
Upon request of one (1) or more Directors, a Weighted Vote will be conducted. Each Member shall have a “Weighted Vote Share” as determined by the following formula:
([Total Annual Energy Use (expressed in MWh) in the
Member’s jurisdiction / combined Total Annual Energy
Use in all Members’ represented at the meeting],
expressed as a percentage to two decimal places.

Annual Energy Use values are to be based on total actual or estimated retail energy sales or consumption of all Members’ respective electric customer (or Member) accounts, as applicable, as of December 31 of the most recent year for which such data is available. In the absence of actual data, the Board may approve the use of reasonably estimated Annual Energy Use values or other suitable method for determining or estimating applicable Member energy usage.

3.8.2 Exhibit Showing Weighted Vote Shares. The initial Weighted Vote Shares of the proposed initial Parties are set forth in Exhibit D based on data available / estimated as of the December 31 immediately preceding the Effective Date of this Agreement.

Exhibit D shall be revised annually or as necessary to account for changes in the number of Members and or changes in the
Members’ annual MWh retail energy usage. Adjustments to Exhibit D shall be approved by a majority vote of the Board and shall not be considered an amendment to this Agreement. For the avoidance of doubt, the Parties acknowledge and agree that the Weighted Vote Shares shown in Exhibit D assume that
representatives of all Members will attend meetings of the Board; however, the actual Weighted Vote Share may vary based on the actual Members represented at a meeting by a Director,
Alternate, or proxy.

3.8.3 Special Voting Requirements for Certain Matters.

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12 (a) Two-Thirds and Weighted Vote Approval
Requirements Relating to Sections 6.2 and 7.5.

Notwithstanding any other provision of this Agreement,
action of the Board on the matters set forth in Section

2.4.2 (approval of membership of certain agencies),
Section 6.2 (involuntary termination of a Member), or
Section 7.5 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of Directors present; provided, however, that: (i) notwithstanding the foregoing, any one (1) or more Directors present at a
meeting may demand that the vote be determined on the
basis of Weighted Vote Shares, and if any one (1) or
more Directors make such a demand, then approval shall
require the affirmative vote of Directors having at least two-thirds of the Weighted Vote Shares present, as
determined by Section 3.8.1; and (ii) for votes to
involuntarily terminate a Member under Section 6.2, the Director for the Member subject to involuntary termination may not vote, and the number of Directors constituting
two-thirds of all Directors, and the Weighted Vote Share of each Member shall be recalculated as if the Member
subject to possible termination were not a Member.
(b) Seventy-Five Percent Special Voting Requirement for Eminent Domain
i A decision to exercise the power of eminent
domain on behalf of CVPA to acquire any property
interest shall require a vote of at least 75% of all
Directors.
ii Notwithstanding the foregoing, any one (1) or more
Directors present at the meeting may demand that
a vote under subsections (i) be determined on the
basis of Weighted Vote Shares, and if any one (1)
or more Directors make such a demand, then
approval shall require the affirmative vote of
Directors having at least 75% of all Weighted Vote
Shares, as determined by Section 3.8.1, as well as
two-thirds of all Directors.
(c) Seventy-Five Percent Special Voting Requirement for Contributions or Pledge of Assets.
(i) The imposition on any Member of any obligation to
make contributions or pledge assets as a condition
of continued participation CVPA shall require a

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13 vote of at least 75% of all Directors and the
approval of the governing bodies of the Members
which are being asked to make such contribution
or pledge.
(ii) Notwithstanding the foregoing, any one (1) or more Directors present at the meeting may demand that
a vote under subsection (i) be determined on the
basis of Weighted Vote Shares, and if any one (1)
or more Directors make such a demand, then
approval shall require the affirmative vote of
Directors having at least 75% of all Weighted Vote
Shares, as determined by Section 3.8.1. For
purposes of this section, “imposition on any
Member of any obligation to make contributions or
pledge assets as a condition of continued
participation in CVPA” does not include any
obligations of a withdrawing or terminated Member
imposed under Section 6.3.

3.9 Other Officers. The Executive Officer of CVPA shall be the secretary of CVPA, or as otherwise determined by the Board. Any officer, employee or agent of any Member of CVPA may also be an officer, employee, or agent of any of the Members. CVPA shall have the power to appoint such additional officers and to employ such employees and assistants as may be appropriate. Unless otherwise specified through a staffing arrangement with CVAG, each and all of said officers, employees and assistants shall serve at the pleasure of CVPA and shall perform such duties and shall have such powers as CVPA may, from time to time, determine. Any officer may resign at any time by giving written notice to the secretary. Any such resignation shall be effective upon receipt of such notice or at any later time specified in the notice. Officers shall assume the duties of their offices immediately after their appointment and shall hold office until their successors are appointed, except in the case of their removal or resignation. Vacancies of officers shall be filled by appointment of the Board and such appointee shall hold office until the appointment of his or her successor.

3.10 Minutes. The secretary of CVPA shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board. The secretary shall cause a copy of all minutes, along with copies of all ordinances and resolutions, to be forwarded to each of the Parties hereto.

3.11 Rules. The Board may adopt rules or bylaws governing meetings if not inconsistent or in conflict with this Agreement.

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14 3.12 Powers and Functions of the Board. The Board shall exercise general governance and oversight over the business and activities of CVPA, consistent with this Agreement and applicable law. Board approval shall be required for any of the following actions:

3.12.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing.

3.12.2 The appointment or termination of the Executive Officer.

3.12.3 The appointment or removal of officers.

3.12.4 Any decision to provide retirement or post-retirement benefits that are defined benefit programs, subject to the requirements of section 5.3.4, below.

3.12.5 The adoption of the Annual Budget or resolution.

3.12.6 The adoption of an ordinance.

3.12.7 The approval of agreements, except as delegated by the Board pursuant to an adopted ordinance or resolution, policy, rule, motion or similar enactment.

3.12.8 The initiation or resolution of claims and litigation where CVPA will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that: (1) the Executive Officer or General Counsel, on behalf of CVPA, may intervene in, become a party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board as long as such action is consistent with any adopted Board policies; and (2) the Board may delegate authority to reject or settle claims or potential litigation in accordance with appropriate thresholds under an adopted ordinance, policy, rule, motion or similar enactment.

3.12.9 The setting or authorization of rates for any power sold by CVPA and the setting or authorization of any rates, fees, or charges for any other category of service provided by CVPA.

3.12.10 Termination of Board-approved CVPA programs or services.

3.13 CVAG’s Participation. CVAG shall provide, under contract with CVPA, administrative services required by CVPA during the first five (5) years of the implementation of CVPA; and thereafter as the administrative services contract may be renewed from time to time by CVPA, and shall

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15 exercise such other powers and duties as the Board deems necessary to achieve the purposes of this Agreement. During any such term, CVAG’s Executive Director may serve as the secretary of CVPA.

3.14 Executive Officer. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.13, the Board of Directors shall have the authority to appoint an Executive Officer for CVPA, who would be responsible for the day-to-day operation and management of CVPA. The Executive Officer may be retained under contract with CVPA, be an employee of CVPA, be an employee of CVAG, or be an employee of one of the Parties, as determined by the Board. If appointed, the Executive Officer shall report directly to the Board and serve as staff to CVPA. Except as otherwise set forth in this Agreement, the Executive Officer may exercise all powers of CVPA, including the power to hire, discipline and terminate employees. Any Executive Officer shall serve at the pleasure of the Board.

Notwithstanding the other provisions of this section or this Agreement, the Board may determine alternative arrangements for management of the day-to-day administration and operation of CVPA in lieu of appointment of an Executive Director, including without limitation pursuant to an administrative services agreement pursuant to Section

3.13 or establishing a position with similar powers and duties as a potential Executive Director.

3.15 CVPA Staff. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.13, CVPA may contract with CVAG for staff services, retain its own staff, or contract with another entity for staff services. Unless other employment is approved by the Board, the CVPA Executive Officer may utilize CVAG staff as may be necessary to accomplish the purposes of CVPA. CVAG and CVPA will agree on a method of compensation for CVAG’s services, which may include without limitation compensation for staff time, as well as office expenses, direct and indirect overheads, utilizing direct billing and other accounting practices that provide for a clear separation and allocation of funds.

3.16 Commissions, Boards, and Committees

3.16.1 The Board may establish commissions, boards or committees, including but not limited to a standing executive committee of the Board, as the Board deems appropriate, to assist the Board in carrying out its authority and functions under this Agreement and may delegate authority to such commissions, boards or
committees as set forth in a Board resolution. Such delegation may be modified, amended or revoked at any time the Board may deem appropriate. Any decision delegated pursuant to this

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16 subsection may be appealed to the Board, as the Board so determines.

3.16.2 The Board may also establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing CVPA objectives, or other energy programs and the provisions of this Agreement.

3.16.3 If any board, commission or committee formed under this section qualifies as a legislative body pursuant to the Ralph M. Brown Act, such board, commission or committee shall comply with the requirements thereof. The Board may establish rules,
regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees, and shall determine whether members shall be compensated or entitled to
reimbursement for expenses.

3.17 Member Consent: CVPA Rates, Rules, Regulations and Orders. Each Member on behalf of CVPA or, as applicable, the governing body of its respective jurisdiction, hereby consents to provisions adopted by CVPA or by an individual Member that implements ordinances, policies, rates, rules, regulations and/or orders applicable to electric service within the Coachella Valley or within the jurisdiction of the Member that may differ from the ordinances, rates, rules, regulations and/or orders applicable to electric service in IID’s jurisdictional boundary, as authorized by California Water Code Section 22123.

3.18 Treasurer and Auditor. The Treasurer shall function as the combined offices of Treasurer and Auditor pursuant to Government Code Section 6505.6 and shall strictly comply with the statutes related to the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer for CVPA shall be the depository and have custody of all money of CVPA from whatever source and shall draw all warrants and pay demands against CVPA as approved by the Board. The Treasurer shall cause an independent audit(s) of the finances of CVPA to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 5. The Treasurer shall serve at the pleasure of the Board.

3.19 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as CVPA’s agent for planning,

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17 implementing, operating and administering CVPA, and any other service or program approved by the Board. The appointed administrative services provider may be one of the Members, or CVAG as provided in Section 3.13. A separate services agreement shall set forth the terms and conditions by which the appointed administrative services provider(s) shall perform or cause to be performed tasks necessary for planning, implementing, operating and administering CVPA and other approved services or programs. Any such services agreement shall set forth the terms and the circumstances under which the services agreement may be terminated by CVPA. This section shall not in any way be construed to limit the discretion of CVPA to hire its own employees to administer all or any portion of CVPA activities or any other program.

ARTICLE 4: IMPLEMENTATION ACTION AND CVPA DOCUMENTS

4.1 Participation in CVPA. To be eligible to participate in CVPA, each Party’s governing body must approve a resolution or motion authorizing the execution of this Agreement and appointing a Director and Alternate. New members must be approved by the Board in accordance with this Agreement.

4.2 CVPA Documents. The Parties acknowledge and agree that the affairs of CVPA will be implemented through various documents duly adopted by the Board through Board action. The Parties agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Parties’ right to withdraw from CVPA as described in Article 6.

ARTICLE 5: FINANCIAL PROVISIONS

5.1 Fiscal Year. CVPA’s fiscal year shall be the contiguous 12 month period commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution.

5.2 Depository.

5.2.1 All funds of CVPA shall be held in separate accounts in the name of CVPA and not commingled with funds of any Party or any other person or entity.

5.2.2 All funds of CVPA shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of CVPA shall be open to inspection by the Parties at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an

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18 annual audit of the accounts and records of CVPA, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

5.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations.

The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

5.3 Budget and Recovery of Costs.

5.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses or events. All subsequent budgets of CVPA shall be approved by the Board in accordance with the Operating Rules and Regulations.

5.3.2 Funding of Initial Costs. The Parties acknowledge that the Initial Costs of establishing and implementing the CVPA will require some form of funding either provided by all or some of the Parties or attained in some other manner. If one or more CVPA program or service becomes operational, these Initial Costs paid by such Parties or attained from other sources shall be included in, or proportionately allocated to, the program or services as provided by Section 5.3.3 to the extent permitted by law, and respective Parties or other sources shall be reimbursed from the payment of such charges by such program participants or service customers.

CVAG shall also be entitled to reimbursement for Initial Costs that are not otherwise paid or reimbursed by CVPA or the Parties.

CVPA may establish a reasonable time period over which such costs are recovered and repaid to respective Parties or other sources. In the event that any CVPA program or service does not become operational or does not recover sufficient funds to cover Initial Costs, the respective Parties shall not be entitled to any reimbursement of funded Initial Costs from CVPA or any other Party. If any of the initial Members or other sources assists in funding initial costs, they shall also be entitled to reimbursement or offset pursuant to this section. The Board shall approve the manner of funding and repayment of Initial Costs which may include reasonable interest charges.

5.3.3 CVPA Program or Service Costs. The Parties desire that all costs incurred by CVPA that are directly or indirectly attributable to the provision of electric generation, electricity delivery, conservation,

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19 efficiency, incentives, financing, or other CVPA services or programs, including but not limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through any lawful method, which may include without limitation charges to CVPA Members and/or customers receiving such electric services, surcharges applied to electricity rates within Member service areas, development impact fees, or from revenues from grants or other third-party sources, to the extent permitted by law.

The Parties acknowledge none, all or a portion of CVPA funding may be derived by way of one or more surcharges applied to retail customer power rates within respective Member jurisdictions and the Members desire to apply any such surcharges in a fair, reasonable, and equitable manner in collaboration with Imperial Irrigation District and or other applicable utility provider(s).

5.3.4 Employee Retirement and Post-retirement Benefits. Should the Board determine to provide a defined benefit retirement benefit to CVPA employees (such as PERS) or other post-retirement
benefits that would be within an Other Post-Retirement Benefits (OPEB) obligation to CVPA employees, prior to providing such benefit(s) to any employee, the Board shall: (1) obtain a third party independent actuarial report on the long term costs of the benefit or benefits; (2) adopt a funding plan for the payment of both current and long-term costs that provides for the payment of all such costs on a current, pay-as-you-go, basis and eliminates any known or reasonably anticipated unfunded liability associated with the benefit(s); and (3) notice all Member agencies of the pending consideration of the benefit(s) together with the actuarial report and funding plan, for at least sixty (60) days and obtain the consent, by resolution, of not less than 75 percent of the then current Member’s governing bodies

ARTICLE 6: WITHDRAWAL AND TERMINATION

6.1 Withdrawal.

6.1.1 Right to Withdraw. A Party may withdraw its participation in CVPA, effective as of the beginning of CVPA’s next fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to CVPA and each Party.

Withdrawal of a Party shall require an affirmative vote of the Party’s governing board.

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20 6.1.2 Right to Withdraw After Amendment. Notwithstanding Section

6.1.1, a Party may withdraw its membership in CVPA following an amendment to this Agreement adopted by the Board which the Party’s Director voted against, provided such notice is given in writing within thirty (30) days following the date of the vote.

Withdrawal of a Party shall require an affirmative vote of the Party’s governing board and shall not be subject to the six-month advance notice provided in Section 6.1.1. In the event of such withdrawal, the Party shall be subject to the provisions of Section

6.3. 6.1.3 The Right to Withdraw Prior to Start of any Program. If CVPA has not established any service or program and or a Party wanting to withdraw its membership in CVPA is not participating in any CVPA service or program, such Party may immediately withdraw its membership in CVPA without any further financial obligation, as long as the Party provides written notice of its intent to withdraw no less than thirty (30) days prior to such Party’s requested withdrawal date. Any withdrawing Party shall not be entitled to any return of funds it may have provided to CVPA, provided, however, that if, after a service or program is initiated, there are unobligated and unused funds, the withdrawing Member may be refunded its pro rata share of the unobligated and unused funds as determined in the sole discretion of the Board.

6.1.4 Continuing Financial Obligation; Further Assurances. Except as provided by Section 6.1.3, a Party that withdraws its participation in CVPA may be subject to certain continuing financial
obligations, as described in Section 6.3. Each withdrawing Party and CVPA shall execute and deliver all further instruments and documents, and take any further action(s) that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from participation in CVPA.

6.2 Involuntary Termination of a Party. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement, or any other agreement relating to the Party’s participation in any CVPA service or program, upon a vote of the Board as provided in Section 3.8.3. Prior to any vote to terminate a Party under this Agreement, written notice of the proposed termination and the reason(s) for such termination shall be delivered in writing to the Party whose termination is proposed at least thirty (30) days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item.

The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement(s) that the Party has allegedly violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any

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21 reasons and allegations that may be cited as a basis for termination prior to a Board vote regarding termination. A Party that has had its participation in CVPA terminated may be subject to certain continuing liabilities, as described in Section 6.3.

6.3 Continuing Financial Obligations; Refund. Except as provided by Section 6.1.3, upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, losses, expenses, costs, or other financial obligations arising from such Party’s membership or participation in CVPA or any CVPA service or program through the effective date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any new financial obligations arising after the date of the Party’s withdrawal or involuntary termination. Claims, demands, damages, losses, expenses, costs, or other financial obligations for which a withdrawing or terminated Party may remain liable include, but are not limited to, costs and expenses incurred by CVPA to provide an actual or anticipated service or program to the Party or its customers, losses arising from the resale of power contracted for by CVPA to serve the Party’s load, costs (including debt service or other financing costs) related to distribution and/or generation facilities constructed to serve such Party’s load, or any unfunded liabilities such as unfunded retirement contributions or costs and any unfunded post-retirement benefits. With respect to such financial obligations, upon notice by a Party that it wishes to withdraw from CVPA, CVPA shall notify the Party of the minimum waiting period under which the Party would be estimated to have no costs for withdrawal if the Party agrees to remain a Member of CVPA for such period. If the Party elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining Members, and may not include punitive charges that exceed actual costs. In addition, such Party shall also be responsible for any costs or obligations associated with the Party’s participation in any service or program in accordance with the provisions of any agreements relating to such service or program provided such costs or obligations were incurred prior to the withdrawal of the Party. CVPA may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with CVPA, as reasonably determined by CVPA and approved by a vote of the Board, to cover the Party’s financial obligations for the costs described above. Any amount of the Party’s funds held on deposit with CVPA above that which is required to pay any existing or ongoing financial obligations shall be returned to the Party. If there is a disagreement related to the charge(s) for exiting, the Parties shall attempt to settle the amount through mediation or other dispute resolution process as authorized by Section 7.1. If the dispute is not resolved, the Parties may agree to proceed to arbitration, or any party may seek judicial review.

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22 6.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its participation in CVPA, as described in Section 6.1.

6.5 Disposition of Property upon Termination of CVPA. Upon termination of this Agreement, any surplus money or assets in possession of CVPA for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any other agreements or documents, shall be returned to the then-existing Parties in proportion to the contributions made by each and/or the contributions of customers within the then-existing Parties’ jurisdictions, as determined by the Board.

ARTICLE 7: MISCELLANEOUS PROVISIONS

7.1 Dispute Resolution. The Parties and CVPA shall make reasonable efforts to informally settle all disputes arising out of or in connection with this Agreement. Should such informal efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be mediated in accordance with policies and procedures established by the Board.

7.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of CVPA shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. CVPA shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Sections 995, et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, CVPA, or its Directors, officers, or employees

7.3 Indemnification of Parties. CVPA shall acquire such insurance coverage as is necessary to protect the interests of CVPA, the Parties, and the public. Subject to the provisions of Section 7.4 and provided that a Party has acted in good faith and in accordance with this Agreement, CVPA shall defend with counsel acceptable to said Party, indemnify and hold such Party free and harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of the conduct, activities, operations, acts, or omissions of CVPA under this Agreement. To the extent CVPA’s assets are insufficient to satisfy its obligations under this Section, any Member agency forced to expend its own funds to satisfy what would otherwise be CVPA’s obligations shall be entitled to reimbursement from CVPA.

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23 7.4 Limitations on Liability. The Parties acknowledge that Section 895.2 of the California Government Code provides that a Member is jointly and severally liable for the torts of the joint powers agency, but that Sections 895.4 and 895.6 of that Code allow the members of a joint powers agency to contractually agree to indemnity and contribution provisions that allow such liability to be apportioned among the members based on their respective degree of fault giving rise to the liability. The Parties further acknowledge that they have agreed at Section 7.3 above to indemnify and defend those Member agencies against certain losses, liabilities or damages suffered by a Member agency arising from or as a result of the conduct, activities, operations, acts, or omissions of CVPA under this Agreement. Now, therefore, in contemplation of such authority, the Parties agree that, as among themselves, each shall assume that portion of the liability imposed upon CVPA or any of its Members, officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring during the performance of this Agreement that is not covered by insurance, that is determined by CVPA to be that Member’s proportionate share accruing during the Member’s period of participation in CVPA. Said determination shall be by three-fourths vote of the Board, meaning an affirmative vote of three- fourths of the total number of Directors or a Weighted Vote of 75% of the total Weighted Voting Share of all the Members. The Members acknowledge that, given the possible variables, determination of a proper apportionment may be difficult. Therefore, subject only to informal dispute resolution set out at Section 6.1, the Members agree that the Board’s good faith determination of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. Each Member shall to the extent provided herein indemnify and hold harmless the other Members for any loss, costs or expenses that may be imposed on such other Members solely by virtue of Section 895.2.

7.5 Amendment of this Agreement. This Agreement may not be amended except by a written amendment approved by a vote of the Board as provided in Section 3.8.3. CVPA shall provide written notice to all Parties of amendments to this Agreement, at least 30 days prior to the date upon which the Board will first consider approval of such amendments. Exhibits A through E of this Agreement may be revised from time to time by Board vote and copies of such revised exhibits shall be distributed to all Parties.

7.6 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 7.6 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 7.6 does not prohibit a Party from entering into an

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24 independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to CVPA, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of CVPA or the Parties under this Agreement.

7.7 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible.

7.8 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement.

7.9 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages.

7.10 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of CVPA or Party, as the case may be, or such other person designated in writing by CVPA or Party. Notices given to one Party shall be copied to all other Parties. Notices given to CVPA shall be copied to all Parties.

7.11 No Third-Party Beneficiaries. This Agreement shall reflect the Parties’ rights and obligations as by and among themselves. Nothing herein shall create any right in any third party to enforce any right or obligation set out in this Agreement as against any Party hereto.

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25 7.12 Integration. This Agreement constitutes the full and complete Agreement of the Parties.

7.13 Limited Waiver of Sovereign Immunity; Venue. Except as hereinafter provided in this paragraph, nothing in this Agreement shall be deemed to be a waiver of the sovereign immunity by the Augustine Band of Cahuilla Indians, Cabazon Band of Cahuilla Indians, Torres Martinez Desert Cahuilla Indians, and Twenty-Nine Palms Band of Mission Indians (each a “Tribe”) from suit, which immunity is expressly asserted; provided, however, that each Tribe agrees to and hereby does unequivocally waive its sovereign immunity for the limited and sole purpose of permitting enforcement of any right or obligation arising under this Agreement, which may include but not be limited to claims or causes of action for declaratory relief, injunctive relief, specific performance, enforcement of indemnity obligations, and/or damages for the breach of the terms and conditions of this Agreement. Each Tribe further acknowledges that the other Parties would not enter into this Agreement if a Tribe could defeat or hinder enforcement against a Tribe of the rights granted to the other Parties and CVPA by claiming sovereign immunity. This limited waiver of sovereign immunity shall apply only to the Parties and CVPA, and shall not operate for the benefit of, nor confer any rights upon, any third parties. The Parties agree that any dispute raised under the provisions of this Agreement shall be resolved pursuant to applicable California law; provided however, that any dispute raised under the provisions of this limited waiver of sovereign immunity shall be resolved first pursuant to applicable federal law, and if no federal law applies, pursuant to the applicable laws of the State of California. The waiver granted herein is limited to claims made in the United States District Court for the Central District of California, or the Superior Court of the State of California, County of Riverside, and any court having appellate jurisdiction. Each signatory to this Agreement on behalf of a Tribe represents and warrants that the Tribe has taken all actions necessary in accordance with its laws to authorize a limited waiver of sovereign immunity, which may include without limitation the adoption of a resolution authorizing the limited waiver described in this section. Further, each Party irrevocably waives any right it might otherwise seek to have any proceeding determined in any tribal court and agrees that assumption of jurisdiction by any federal or state courts shall not be delayed or curtailed by any doctrine requiring exhaustion of tribal court remedies.

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26 Exhibit A
Definitions

1. “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.)

2. “Administrative Services Agreement” means an agreement or agreements entered into after the Effective Date by CVPA with one or more entities that will perform tasks necessary for planning, implementing, operating and/or administering CVPA, or any other energy programs/projects adopted by CVPA.

3. “Agreement” means this Joint Powers Agreement.

4. “Annual Energy Use” has the meaning given in Section 3.8.1.

5. “Board” means the Board of Directors of CVPA.

6. “CVAG” shall mean the Coachella Valley Association of Governments.

7. “CVPA Document(s)” means document(s) duly adopted by the Board by ordinance, resolution or motion implementing the powers, functions, and activities of CVPA, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies.

8. “Director” means a member of the Board of Directors appointed by and representing a Party.

9. “Effective Date” means Month Day, Year or when initial members of CVPA execute this Agreement, whichever occurs later, as further described in Section

2.1. 10. “Initial Costs” means all costs incurred by CVPA and or any Parties relating to the establishment and initial operation of CVPA, including without limitation the hiring of an Executive Officer and any administrative staff, and any required planning, consulting, accounting, administrative, technical, or legal services in support of CVPA’s initial activities or in support of the negotiation, preparation, and approval of one or more administrative services agreements.

11. “Operating Rules and Regulations” means one or more sets of rules, regulations, policies, bylaws and procedures governing the operation of CVPA.

12. “Parties,” “Members,” or “Member Agencies” means, collectively, the signatories to this Agreement.

13. “Party”, “Member” or “Member Agency” means a signatory to this Agreement.

14. “Total Annual Energy Use” has the meaning given in Section 3.8.1.

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27 Exhibit B
List of Proposed Initial Parties

Parties:

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28 Exhibit C PRO FORMA
Annual Energy Use
Estimated energy usage is based on estimated retail electricity sales for calendar year 2022.

The energy use by CVWD is based on the most recent contiguous 12 months usage. Indian Tribes’ usage is based on estimated respective casino facilities electric use. Riverside County estimated usage is based on aggregating the usage of Indio Hills, Thousand Palms, Bermuda Dunes, Chiriaco Summit, Thermal, Mecca, and North Shore.

Augustine Band Cahuilla Indians840 0.04%
Cabazon Band of Cahuilla Indians5,300 0.24%
City of Coachella 246,096 11.29%
Coachella Valley Water District 54,459 2.50%
Torres Martinez Desert Indians400 0.02%
City of Indio 776,731 35.64%
City of Indian Wells 4,738 0.22%
City of La Quinta 593,340 27.23%
29 Palms Band of Mission Indians8,000 0.37%
City of Palm Desert 111,624 5.12%
County of Riverside (w/i IID)354,589 16.27%
City of Rancho Mirage 23,073 1.06%
TOTALS 2,179,190 100.00%
Annual
Energy % JPA Members Annual Energy
(MWh)

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29 Exhibit D PRO FORMA VOTING SHARES

Formulas used:

1. PRO RATA VOTE SHARE: [1 / TOTAL NUMBER OF MEMBERS], EXPRESSED AS A PERCENTAGE TO TWO DECIMAL PLACES. SEE SECTION 3.17.1 (A)

2. ANNUAL ENERGY VOTE SHARE: TOTAL ANNUAL ENERGY USE (EXPRESSED IN MWH) IN THE MEMBER’S JURISDICTION / COMBINED TOTAL ANNUAL ENERGY USE ALL MEMBERS’ JURISDICTIONS, EXPRESSED AS A PERCENTAGE TO TWO DECIMAL PLACES.

SEE SECTION 3.17.1 (B)

3. WEIGHTED VOTE SHARE: BASED ON MEMBERS’ ANNUAL ENERGY USAGE IN RESPECTIVE JURISDICTIONS EXPRESSED AS A PERCENTAGE TO DECIMAL PLACES. SEE SECTION 3.17.1 (C)

EXHIBIT E
% Wt. to Headcount:0.00% ( 0 - 100 %)% Wt. to Annual MWh:100.00% (Energy Wt. Share: = 1 - Headcount Share) Augustine Band Cahuilla Indians840 0.04% 8.33% 0.04% 0.00% 0.04%Cabazon Band of Cahuilla Indians5,300 0.24% 8.33% 0.24% 0.00% 0.24%City of Coachella 246,096 11.29% 8.33% 11.29% 0.00% 11.29%Coachella Valley Water District 54,459 2.50% 8.33% 2.50% 0.00% 2.50%Torres Martinez Desert Indians400 0.02% 8.33% 0.02% 0.00% 0.02%City of Indio 776,731 35.64% 8.33% 35.64% 0.00% 35.64%City of Indian Wells 4,738 0.22% 8.33% 0.22% 0.00% 0.22%City of La Quinta 593,340 27.23% 8.33% 27.23% 0.00% 27.23%29 Palms Band of Mission Indians8,000 0.37% 8.33% 0.37% 0.00% 0.37%City of Palm Desert 111,624 5.12% 8.33% 5.12% 0.00% 5.12%County of Riverside (w/i IID)354,589 16.27% 8.33% 16.27% 0.00% 16.27%City of Rancho Mirage23,073 1.06% 8.33% 1.06% 0.00% 1.06%TOTALS 2,179,190100.00%100.00% 100.00% 0.00% 100.00%

CVPA SAMPLE MEMBERSHIP AND VOTE TABLE

ALL CVPA MEMBERS AVAILABLE AND PRESENT AT MEETING
Total Wtd Vote
Present %
Headcount %
Present
Summary of Vote Shares Present
Energy
Present %
Wtd. Energy
Present %
Wtd. Headcount
Present %

DISPLAY OF CVPA MEMBERS PRESENT AND RESPECTIVE ENERGY AND HEADCOUNT SHARES JPA Members Present at MeetingAnnual Energy
(MWh)
For quorum, > 50% Total Weighted Vote Shares of Members eligible to vote must be present (including Proxies). In all cases a quorum also requires that at least three (3) Members eligible to vote must be physically present (excluding Proxies).

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30 SIGNATURES

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives
Signature Page of the City of La Quinta Agreeing To Become a Party to the Coachella Valley Power Authority Joint Powers Agreement
Pursuant to City Council action taken on March 18, 2025, the City of La Quinta agrees to become a Party to the Coachella Valley Power Authority Joint Powers Agreement dated for reference purposes as of May 1, 2025, pursuant to Section 2.4.1 of the Agreement.

CITY OF LA QUINTA
By: ______________________________
Name: JON McMILLEN_________________
Title: City Manager____________________
Date: ___________
ATTEST:

By: ______________________________
Name: MONIKA RADEVA________________
Title: City Clerk_____________________
APPROVED AS TO FORM:

By: ______________________________
Name: WILLIAM H. IHRKE______________
Title: City Attorney____________________

SIGNATURES

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31 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives
Signature Page of the City of Indio Agreeing To Become a Party to the Coachella Valley Power Authority Joint Powers Agreement
Pursuant to City Council action taken on ______________, the City of Indio agrees to become a Party to the Coachella Valley Power Authority Joint Powers Agreement dated for reference purposes as of May 1, 2025, pursuant to Section 2.4.1 of the Agreement.

CITY OF INDIO
By: ______________________________
Name: Bryan H. Montgomery_______________
Title: City Manager____________________
Date: ___________
ATTEST:

By: ______________________________
Name: Sabdi Sanchez__________________
Title: City Clerk______________________
APPROVED AS TO FORM:

By: ______________________________
Name: Steven Graham Pacifico___________
Title: City Attorney____________________

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City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Presentation on the East Indio Employment Corridor Annexation Study and Provide Input to Staff regarding Phase I of the project.

RECOMMENDATION:

Receive a Presentation (Attachment 1) on the East Indio Employment Corridor Annexation Study and provide input to staff regarding Phase I of the project.

SUMMARY:

The City’s consultant (Dudek) will provide a presentation of the work completed thus far on Phase I of the East Indio Employment Corridor Annexation Study which began in July/2024. A project overview and summary will be presented for the completed work in this Phase which includes an analysis of constraints, opportunities, market demand/economic development strategy, and priorities for conceptual planning scenarios. The goal of this presentation is to present a summary of the work to date to the Council and receive their input on the findings related to the constraints, opportunities, and priorities for the project.

BACKGROUND INFORMATION:

On June 5, 2024, the City hired Dudek to explore a land area of approximately 3,300 acres (5.19 square miles) located within its Eastern Sphere of Influence for potential employment-generating development. The area, currently unincorporated Riverside County land, is mostly open with minimal commercial uses and resource extraction. Currently, only 1.6% (519 acres) of City parcels are zoned for industrial use, limiting growth in manufacturing, light industrial, and logistics sectors.

This, in turn, could significantly reduce the outflow of Indio resident workers to other communities which is estimated by the Coachella Valley Economic Partnership at approximately 83 percent of these workers that would directly and positively benefit the City's revenue generation opportunities through increased sales tax generation, property tax generation and other forms of revenue generation including gasoline taxes. The General Plan 2040 establishes goals and policies to support long-term growth and diversification of the City' s industrial land base to increase the balance of land uses within the City and to enhance the jobs to housing balance in the City.

The Eastern Sphere offers a major opportunity to establish an industrial employment corridor with complementary uses. The City’s long-term vision is to expand industrial development opportunities in Indio to support job creation and diversification, enhance services, and promote investment within the City. The focus of Phase 1 is to understand opportunities and constraints for development within the project area, as well as to develop conceptual scenarios. Phase 1 includes engagement and coordination with a variety of interested parties to inform the opportunities and constraints, including:

AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ... Page 256 of 381

 Indio Water Authority
 Riverside County Fire Department
 Valley Sanitary District
 Coachella Valley Water District
 Imperial Irrigation District
 Coachella Valley Conservation Commission
 Tribal governments
 Real estate/developer/economic development interviews  Riverside Local Agency Formation Commission (LAFCO)
 Technical Advisory Committee (TAC) (formed through this project and made up of representatives from Community Development, City Manager, Finance, Economic Development, Indio Water Authority, Police, Fire Departments)  City Council and Planning Commission
Phase 1 will conclude with a final report summarizing all work completed during FY 2024/2025, including conceptual scenarios that will be shared with the interested parties noted above. Findings from Phase 1 will result in substantive information that will enable City Staff and decision-makers to make critical decisions to advance the project forward in Phase 2, if desired.

Desktop Opportunities and Constraints Analysis

Dudek prepared a series of technical reports to assess constraints and development feasibility in the Project Area, covering land use, biological and cultural resources, paleontology, public services, utilities, traffic, and geotechnical factors. Constraints for each topic were mapped based on these reports, with recommendations for development. These individual maps were then combined to show overall opportunities and constraints across the Project Area. Non-geographic constraints were also identified and ranked on a high-to-low spectrum.

Based on a qualitative review of findings from each technical report, the Dudek team assigned constraints levels to the Project Area across the following five categories:

 High opportunity (151 acres, 5%)
 Low opportunity (340 acres, 10%)
 Neutral (376 acres, 11%)
 Low constraint (1,533 acres, 47%)
 High constraint (900 acres, 27%)
The area between 40th Avenue and Fargo Canyon Road has the lowest level of constraint, approximating 700 acres

Non-geographic constraints include:

 High
o Power: Construction of new electricity infrastructure would require IID assessment of substation need and financing through IEFA, which is currently prioritizing west Indio. o Water service: Cost of constructing new water distribution infrastructure to serve Project Area s high due to its distance from existing water infrastructure.  Low
o Wastewater: Connecting to existing wastewater treatment plant is infeasible due to distance and topography challenges. However, development could construct package treatment plant for wastewater needs on-site.

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o Gas: Constraints/opportunities related to supplying gas to development unknown.

There is a gas distribution line that traverses the Project Area, but feasibility to connecting new distribution infrastructure unknown.

Interested Parties Outreach

Dudek and their sub-consultant, CV Strategies, conducted a series of interested parties’ interviews with various entities to complement the desktop analyses, including:

 Indio Water Authority
 Riverside County Fire Department
 Valley Sanitary District
 Coachella Valley Water District
 Imperial Irrigation District
 Coachella Valley Conservation Commission
 Tribal governments

Market Analysis and Economic Development Strategy
economic and analysis market a Advisors ProForma sub-consultant Dudek’s completed development strategy to understand employment trends and the commercial real estate market within Indio and the Coachella Valley to in turn recommend potential demand for specific land uses for the Project Area with the following summary of findings:

 The Project Area’s location within the Coachella Valley suggests that a mixed-use business park could be targeted in the long-term

 The strongest near and mid-term demand appears to be from industrial development (inclusive of a combination of warehouse, light industrial, and ﬂex-industrial space)

Summary of the market demand and preliminary program with demand based on long term job projections and historic capture of office and industrial space between 2021- 2045:

 Light Industrial: 215-640 acres
 Office: 20-35 acres

Proposed Land Use Mix:

Preliminary land use summary for approximately 600 acres based on market demand over the 20-year planning horizon:

o Light industrial: 430 acres (mid scenario)
o Office: 35 acres (high scenario)
o Retail: 5 acres*
o Infrastructure: 70 acres*
o Open space: 60 acres*

*Retail is based on demand from future job growth; infrastructure is based on typical development standards; and Open Space is based on creating “campus” environment

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Presentation on the East Indio Employment Corridor Annexation Study and ... Page 258 of 381 Market-Based Phasing Strategy:

 First phase: Attract potential large-scale, anchor warehouse/logistics users

 Second phase: Introduce a business park with smaller flex-industrial space to complement the anchor users

 Balance of land will become more desirable, even in a competitive supply market, and absorption and values should increase

 Based on other comparable developments in the region, it is also important to reserve some of the land for open space or passive recreational uses. This will help create a “campus” environment and make the Project more desirable.

 Third phase: Introduce retail commercial uses in support of a business park

Conceptual Planning Scenarios

Feedback that has been received from the City, interested parties, and the TAC will influence the development of conceptual planning scenarios. In addition, priorities set by the General Plan 2040 and requirements from LAFCO. The Dudek team is currently developing conceptual planning scenarios, which will be shared with the interested parties for feedback and refinement.

Next Steps

Dudek will be developing a Final Report for the project as the final deliverable for Phase 1 to document all work completed during FY 2024/2025 and assist with decision-making on whether to proceed with Phase 2. The Final Report will contain findings, recommendations, and work products as appendices from Phase 1 and can be used as a reference document for Phase 2. A second City Council meeting will be scheduled to discuss the findings and recommendations from the Final Report and receive additional feedback on whether there is interest in proceeding with Phase 2.

ATTACHMENTS:

Attachment 1 East Indio Employment Corridor Council Presentation 5 7 25

APPROVAL(S):

Jennifer A. Mizrahi, Assistant City Attorney Approved - 02 May 2025 Ruby D. Walla, Director of Finance Approved - 02 May 2025 Bryan H. Montgomery, City Manager Approved - 02 May 2025

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CITY OF INDIO
East Indio Employment Corridor
Annexation Study – Phase 1

C I T Y C O U N C I L P R E S E N T A T I O N
M A Y 7 , 2 0 2 5

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Introductions
Rachel Struglia
Environmental Lead,
Dudek
Project Team
Rachel Lindt, AICP
Project Manager,
Dudek
2 Page 6 of 37AGENDA ITEM #11.2
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Purpose of Tonight’s Presentation

1. Share a summary of work to date and update City Council on findings

2. Receive feedback on:

1. Constraints or opportunities

2. Priorities for the project

3. Share next steps
3 Page 7 of 37AGENDA ITEM #11.2
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Agenda

1. Project Overview

2. Desktop Opportunities & Constraints Analysis

3. Market Demand & Economic Development Strategy

4. Priorities for Conceptual Planning Scenarios

5. Next Steps
4 Page 8 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 263 of 381 5 City of Indio East Indio Employment Corridor Phase 1
Project Overview
5 Page 9 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 264 of 381 6 City of Indio East Indio Employment Corridor Phase 1
Purpose and Need
• On June 5, 2024, the City committed to
exploring 3,300 acres in its Eastern Sphere of
Influence for employment-generating
development.

Key Statistics
6 Low Industrial Land
Only 1.6% industrial zoned
parcels citywide
Workforce Diversification, Development
% of industrial, commercial
flex jobs (11.5) in 2023
versus the County (15%)
% of service jobs
(30) in 2023
versus the County (20%)
Employee Outmigration
Almost 84% of Indio residents
are employed outside of the
city (2021)
Largely vacant,
open space

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 265 of 381 7 City of Indio East Indio Employment Corridor Phase 1
Project Overview
Two phases of work:
▪ Phase 1: Constraints, Opportunities, and
Conceptual Planning (Current phase)
▪ Phase 2: Local Agency Formation Commission
(LAFCO) Reorganization Request (if applicable)
7 Project Vision
Expand industrial development
opportunities in Indio to support job
creation and diversification, enhance
services, and promote investment
within the city.

Analyze
Constraints
Identify
Potential
Land Uses Present
Findings to
Council
Phase 1 objectives:

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 266 of 381 8 City of Indio East Indio Employment Corridor Phase 1
Phase 1 Process & Key Outreach Milestones
Oct 2024-Jan 2025
Service/Utility
Provider Mtgs #1
May 2025
Service/Utility
Provider Mtgs #2
Nov/Dec 2024
LAFCO Mtg &
Informal Tribal
Coordination
March 2025
Technical Advisory
Committee Mtg #1
Kick-Off, Data
Gathering &
Outreach Plan
Desktop Opps & Constraints and
Market and Economic
Development Strategy
Conceptual Scenarios
& Final Report
May 2025
May 2025
Technical Advisory
Committee Mtg #2
July 2024
Kick-0ff Council
Presentation City Council
Meeting
8 July 2025
We are here!

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 267 of 381 9 City of Indio East Indio Employment Corridor Phase 1
Desktop Opportunities &
Constraints
9 Page 13 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 268 of 381 10 City of Indio East Indio Employment Corridor Phase 1 Technical Reports:
▪ Land Use and Community Profile
▪ Public Services and Utilities
▪ Biological Resources
▪ Paleontological Resources
▪ Geotechnical
▪ Transportation
▪ Cultural Resources
Robust interested party outreach:
▪ Indio Water Authority
▪ Riverside County Fire Department
▪ Valley Sanitary District
▪ Coachella Valley Water District
▪ Imperial Irrigation District
▪ Coachella Valley ConservationCommission
▪ Tribal governments
▪ Real estate/developer/economicdevelopment
interviews
▪ Technical Advisory Committee
Desktop Opportunities & Constraints Overview
10 Page 14 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 269 of 381 11 City of Indio East Indio Employment Corridor Phase 1 Mapping Constraints/Opportunities
Establish non-geographic constraints/opportunities
Join all constraints and approximate levels of constraints/opportunities Map all constraints/opportunities by technical topic
Three Step Process
11 Page 15 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 270 of 381 12 City of Indio East Indio Employment Corridor Phase 1 Summary of Opportunities &
Constraints
12 Page 16 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 271 of 381 13 City of Indio East Indio Employment Corridor Phase 1 Land Use
Opportunities
• Vacant Land
• Agricultural Land not currently operation as such
• Mineral resource zones contain economically valuable
deposits
13 Constraints
• Active agricultural operations: Vineyard, Citrus Grove, Date Garden
• Active mineral extraction operations along
northwestern edge of Project Area would necessitate
buffers

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 272 of 381 14 City of Indio East Indio Employment Corridor Phase 1 Land Ownership and Developer Plans
Coachella
Valley
Transfer
Station
14 Opportunities
• Two planned developments not yet realized (Dillion
Trails & Dillon Farms), could facilitate land acquisition • Land use compatibility with Citrus Ranch a mixed-use, primarily residential Specific Plan (approved, not yet
built)
• Stonewater solar farm could create opportunities for electricity infrastructure and synergies for
development
Constraints
• BLM land designated for energy corridor, not viable for development
• CVWD land is a conservation easement and cannot be
used for development
• Solar farm under development, not available for
development
Developer Plans

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 273 of 381 15 City of Indio East Indio Employment Corridor Phase 1 Utilities and Public Services
Existing temporary power substation
15 Opportunities
• Temporary substation in Project Area could be
upgraded to serve development
• Solar farm project could create opportunity for power infrastructure upgrades
• Additional stormwater conveyance channels could
drain to East Side Dike
Constraints
• No wastewater or water distribution infrastructure in or near Project Area – package treatment plant is
lowest cost option
• Indio Electric Finance Authority (IEFA) currently
prioritizes new infrastructure within the city
• No Police or Fire stations near Project Area - new
substations would be required to serve development
• Solid waste and internet services would need to be
provided for development

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 274 of 381 16 City of Indio East Indio Employment Corridor Phase 1 Transportation Infrastructure
Coachella
Valley
Transfer
Station
Union Pacific Railroad and proposed
Coachella Valley San Gorgonio Pass
Rail Corridor Service Project
16 Opportunities
• Expansion of Dillon Rd to 4 lanes is envisioned by the General Plan and allowed under the CVMSHCP
• Fargo Canyon Rd could be upgraded to handle heavy
truck traffic
• Union Pacific Railroad could provide opportunity for
goods movement
Constraints
• Additional internal roads/streets would have to be
constructed by the developer(s)
• Once upgraded, cost for roadway maintenance would
be the responsibility of the City

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 275 of 381 17 City of Indio East Indio Employment Corridor Phase 1 Earthquake and Flood Zones
17 Constraints
• Flood hazard zone covers northern portion of Project
Area, although risk level is unknown without further
hydrological modeling and studies
• Alquist-Priolo fault zones and fault traces traverse the Project Area – risk of ground shaking
• Development would require site-specific fault
investigation and report to ensure appropriate
setbacks, adding cost and time to develop

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 276 of 381 18 City of Indio East Indio Employment Corridor Phase 1 • Within Desert Tortoise and Linkage Conservation Area
and East Indio Hills Conservation Area only minimal
development is allowed, subject to additional
requirements
• Surveys for protected species required – if found,
consultation with CDFW and mitigation plan required
• Required relocation of desert tortoises if found on site • Mitigation measures for Nelson’s bighorn sheep
• Local Development Mitigation Fee required for all
development in Project Area, even outside of
Conservation Areas.

Conservation Area Requirements
18 Constraints

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 277 of 381 19 City of Indio East Indio Employment Corridor Phase 1 State or Federal Protected Waters
19 • Ephemeral drainages (streams that run during heavy rains) identified in northern portion – additional
hydrological modeling and studies and formal
jurisdictional delineation would be required before
development
• Protected streams intersect the Project Area –
mitigation measures, such as buffers, required to avoid impacts
Constraints

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 278 of 381 20 City of Indio East Indio Employment Corridor Phase 1 Paleontological Resources 20
Opportunities
• Majority of area has low paleontological sensitivity
Constraints
• One area has high paleontological sensitivity with
potential to produce significant paleo resources during ground disturbing activities
• Area also has highest potential for paleontological
resources – if development occurs in this area
Paleontological Resources Impact Mitigation Program
is required
• Small portion has some paleontological sensitivity –
further investigation needed before development

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 279 of 381 21 City of Indio East Indio Employment Corridor Phase 1 Cultural Resources 21
Opportunities
• Majority of area has low cultural resource sensitivity • Tribal contacts have not indicated any known
resources to be present
• Dillon Rd not a “historic resource,” therefore not
subject to historic resource requirements
Constraints
• Historic wells have moderate potential for cultural
resources, therefore avoidance recommended
• Streams (including ephemeral) have high potential
for cultural resources, therefore avoidance
recommended
• Historic roads (Fargo Canyon Rd., Old Aqueduct Rd.,
and unnamed dirt road) have moderate potential for
cultural resources, therefore avoidance
recommended

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 280 of 381 22 City of Indio East Indio Employment Corridor Phase 1 High opportunity (151 acres, 5%)
Low opportunity (340 acres, 10%)
Neutral (376 acres, 11%)
Low constraint (1,553 acres, 47%)
High constraint (900 acres, 27%)
Area between
40th Avenue and
Fargo Canyon
Road has the
lowest level of
constraint
(approx. 700
acres)
Summary of Key
Opportunities & Constraints
Constraint levels were approximated based on
qualitative review of findings from technical reports
and organized into the following five categories:
22

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 281 of 381 23 City of Indio East Indio Employment Corridor Phase 1 Power
Construction of new electricity
infrastructure would require IID
assessment of substation need and
financing through IEFA, which is
currently prioritizing west Indio.

Water Service
Cost of constructing new water
distribution infrastructure to serve
Project Area s high due to its
distance from existing water
infrastructure.

High constraint NeutralLow constraint
Wastewater
Connecting to existing wastewater
treatment plant is infeasible due to
distance and topography
challenges. However, development
could construct package treatment
plant for wastewater needs on-site.

Gas
Constraints/opportunities related
to supplying gas to development
unknown. There is a gas
distribution line that traverses the
Project Area, but feasibility to
connecting new distribution
infrastructure unknown.

Summary of Key Opportunities & Constraints
23 Page 27 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 282 of 381 24 City of Indio East Indio Employment Corridor Phase 1 Market Demand &
Economic Development
Strategy
24 Page 28 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 283 of 381 25 City of Indio East Indio Employment Corridor Phase 1 Summary of Real Estate/Development Insights
25 Opportunities
- Strategic asset for industrial
demand in Coachella Valley
- Quality of life in Indio is higher
compared to other area in the
Inland Empire
- Regional location as one of the
“last stops” to access larger
Phoenix market and Mexicali to
the south
Constraints
- Site location lacks direct access
to the I-10 freeway which may
restrict some commercial uses
- Power issues for new
development

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 284 of 381 26 City of Indio East Indio Employment Corridor Phase 1 Summary of Market Demand & Preliminary Program
Retail
5 Acres
Open Space
60 Acres
Infrastructure
70 Acres
Light
Industrial
430 Acres
Office
35 Acres
Key Findings:
• Site’s location within the Coachella Valley
suggests that a mixed-use business park
could be targeted in the long-term
• Demand based on long-term job
projections and historic capture of office
space over 20-year horizon:
• Office: 20-35 acres
• Light industrial: 215-640 acres
• Market demand for allocation of
approximately 600 acres of development
Preliminary Land Use Development Strategy
26 Page 30 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 285 of 381 27 City of Indio East Indio Employment Corridor Phase 1 Market-Based Phasing Strategy
• Attract potential
large-scale, anchor
warehouse/logistics
users
Phase 1
• Introduce a business
park with smaller
flex-industrial space
to complement the
anchor users
Phase 2 • Introduce retail
commercial uses in
support of business
park
Phase 3
27

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 286 of 381 28 City of Indio East Indio Employment Corridor Phase 1 Priorities for Conceptual
Planning Scenarios
28 Page 32 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 287 of 381 29 City of Indio East Indio Employment Corridor Phase 1 Conceptual Planning Scenarios – Themes/Priorities
What we’ve heard from the City so far:
▪ Development should generate revenue for the City
▪ Focus on job growth
▪ Grow industrial and manufacturing presence
▪ Encourage a diverse employment/tax base (retail and non-retail) ▪ Ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan ▪ Prioritize safety, habitat preservation, and effective resource utilization ▪ Minimize exposure to environmental hazards, such as fault lines and special flood hazard areas 29 Page 33 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 288 of 381 30 City of Indio East Indio Employment Corridor Phase 1 Conceptual Planning Scenarios – Themes/Priorities
30 Priorities set by General Plan 2040:
▪ Support active and passive recreation
▪ Preserve hillside views
▪ Attract industrial and logistics businesses with substantial taxable sales potential ▪ Attract businesses opportunities that increase skill and wage levels ▪ Require onsite drainage systems; restrict development in Special Flood Hazard Areas ▪ Promote using floodplains as parks, trails, and other recreation uses LAFCO Requirements
▪ Development is likely to occur within the next ten years over a substantial portion of proposal area ▪ Development must be contiguous with existing or proposed development

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 289 of 381 31 City of Indio East Indio Employment Corridor Phase 1 Next Steps
31 Page 35 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 290 of 381 32 City of Indio East Indio Employment Corridor Phase 1 Phase 1 Process & Key Outreach Milestones
Oct 2024-Jan 2025
Service/Utility
Provider Mtgs #1
May 2025
Service/Utility
Provider Mtgs #2
Nov/Dec 2024
LAFCO Mtg &
Informal Tribal
Coordination
March 2025
Technical Advisory
Committee Mtg #1
Kick-Off, Data
Gathering &
Outreach Plan
Desktop Opps & Constraints and
Market and Economic
Development Strategy
Conceptual Scenarios
& Final Report
May 2025
May 2025
Technical Advisory
Committee Mtg #2
July 2024
Kick-0ff Council
Presentation City Council
Meeting
32 July 2025
We are here!

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Presentation on the East Indio Employment Corridor Annexation Study and ...Page 291 of 381 33 City of Indio East Indio Employment Corridor Phase 1 Thank You!
Project Manager
Rachel Lindt, AICP
Dudek
[email protected]
Key Dudek Team Members
Joshua Baehr, Planner
Laurie Grover, Senior Planner
Rachel Struglia, Environmental
Lead
Britney Shultz, Biologist
Sarah Greeley, Biologist
Jessica Colston, Archeologist
Sarah Siren, Paleontologist
Eric Schniewind, Geologist
33 Page 37 of 37AGENDA ITEM #11.2
Presentation on the East Indio Employment Corridor Annexation Study and ...Page 292 of 381 City of Indio
City Council
May 7, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Approval of the Annual Action Plan FY 2025-2026 for the Program Year 2025 Community Development Block Grant (CDBG) allocation in the anticipated amount of $750,001, reprogramming of unspent prior year CDBG funds and authorize the Finance Director to make any necessary budget adjustment for receipt and utilization of the Fiscal Year 2025 allocation and unspent prior year CDBG funds.

RECOMMENDATION:
1)Approval of the Annual Action Plan Fy2025-2026 for the Program Year 2025 Community Development 2) of amount anticipated the $750,001; allocation (CDBG) Grant Block in Reprogramming of unspent prior years CDBG funds. 3) Authorize the Finance Director to make any necessary budget adjustment for receipt and utilization of the Fiscal Year 2025 allocation and unspent prior year CDBG funds.

SUMMARY:

The City is entering Program Year Two as part of its five-year Consolidated Plan for FY 2024-2029.

As part of the entitlement process, the City must prepare and submit an Annual Action Plan and other documents, including, but not limited to, an Analysis of Impediments to Fair Housing Choice and a Citizen Participation Plan to the U.S. Department of Housing and Urban Development (HUD).

For the Annual Action Plan, staff recommends allocating the anticipated amount of $750,001 for Public Services, Public Infrastructure, and Administration of the CDBG grant.

BACKGROUND INFORMATION:

The Community Development Block Grant (CDBG) Program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The primary objective of this Act is to provide for the development of viable urban communities through the achievement of decent housing, for principally opportunities, economic expanded suitable environment, living a and persons of low and moderate-income.

In 2009, the City became an Entitlement Community eligible to receive a direct allocation of CDBG funds from the U.S. Department of Housing and Urban Development (HUD). As a result, the City assumed many administrative and grant management responsibilities relative to receiving the funds.

However, as a "block grant," the CDBG program allows the City to exercise control and flexibility in using the funds to directly benefit the community, especially to address the needs of low and moderate-income households and individuals.

AGENDA ITEM #12.1
Approval of the Annual Action Plan FY 2025-2026 for the Program Year 202... Page 293 of 381 In 2024, the City received $750,001 in CDBG funds to support a variety of eligible activities, including sidewalk and traffic light improvements at the intersection of Dr. Carreon and Arabia St., which is underway. Funds were also used to support local food bank services, fair housing and landlord/tenant mediation services, and weekend meal programs at the local Senior Center.

The required Entitlement Documents described below, are provided as Attachment 1 to this staff report and must be submitted to HUD for approval by May 14, 2025.

Annual Action Plan (FY 25/26)
The principal purpose of the Annual Action Plan is to show how and where the CDBG funds will be expended during a particular year, as represented in the Consolidated Plan. Thus, the Annual Action Plan identifies how the needs, priorities, and objectives contained in the City Consolidated Plan will be addressed on a yearly basis.

Public Infrastructure: The Public Works Department would utilize $515,001 towards the Indio Sports Park Project. This project includes multi-use sports fields, walking paths, with BBQ and picnic tables. This project provides accessibility and outdoor activities for all the neighboring communities.

Public Services: The proposed funding, totaling $112,000, will provide funding for public services within City limits. Staff has recommend the following agencies and funding amounts.

This option (Attachment 2) is for the City Council to determine the most appropriate funding distribution. All agencies and funding amounts are at the discretion of City Council to approve.

Agency Funding Amount
Inland Fair Housing & Mediation Board $35,000
Senior Center $24,000
Martha's Village & Kitchen $43,000
SAFE Family Justice Center $10,000
Total: $112,000

Administration:

The administrative costs allowance (not to exceed 20%) is $123,000. The funds will be utilized to support personnel costs, internal service fee charges, and other operating expenses.

Analysis of Impediments to Fair Housing Choice (AI)
As part of the submittal of the Annual Action Plan, the City must certify that it will continue its efforts towards affirmatively furthering fair housing. Per HUD requirements, the Analysis of Impediments (AI) reviews and analyzes demographic profiles, income distribution, housing stock characteristics, and access to public transportation to determine the development of housing patterns based on race, ethnicity, income, and other factors. The City must certify that it will remain in compliance with HUD requirements, furthering its efforts towards fair housing.

Citizen Participation Plan
Under federal regulations, the City must provide citizens with an adequate opportunity to participate in an advisory role in the planning, implementation, and assessment of the City's citizens. The City's current Participation Plan encourages the participation of all citizens, It emphasizes the involvement of low-to-moderate-income persons, mainly where housing and community development funds are spent. It includes a public review period of 30 days to obtain citizen input on the projects or

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Approval of the Annual Action Plan FY 2025-2026 for the Program Year 202... Page 294 of 381 proposed activities and funding. It also includes noticing requirements for the two required public hearings conducted by the City Council or another governing board of the City and for amendments to the Entitlement Documents.

Financial Analysis
A budget adjustment is required to accept all revenue and expenditures associated with the Annual Action Plan allocation of CDBG funds in the anticipated amount of $750,001. The CDBG funds will be accounted for and documented in the budget under the CDBG Fund (Fund 230). Additionally, once the Finance Director, the Public Works Director, and the Community Development Director have determined unspent CDBG funds, authorize the Finance Director to make any necessary budget adjustment for receipt and utilization of the Fiscal Year 2025 allocation and unspent prior year CDBG funds forward to the current Fiscal Year and reprogram them to the public infrastructure project.

ATTACHMENTS:

Attachment 1- Indio Draft Annual Action Plan FY25-26
Attachment 2- Proposed Activities

APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 28 Apr 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 29 Apr 2025 Ruby D. Walla, Director of Finance Approved - 30 Apr 2025 Bryan H. Montgomery, City Manager Approved - 01 May 2025

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Approval of the Annual Action Plan FY 2025-2026 for the Program Year 202... Page 295 of 381 Prepared by: Community Development Department
Presented to: U.S. Department of Housing and Urban Development (HUD)

City of Indio
FY 2025-2026
Annual Action Plan

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Annual Action Plan

2 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The Annual Action plan must provide a concise summary of the federal resources expected to be available. These resources include Community Development Block Grant (CDBG) Funds, anticipated program income, and other resources such as private and non-federal public sources that are reasonably expected to be available to the City of Indio to carry out its Strategic Plan contained in the 2024-2029 Five Year Consolidated Plan, over the course of the HUD Program Year 2025 (corresponding to the City’s Fiscal Year 2025-2026--FY25/26). The CDBG allocation for this period will be $750,001.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location.

It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

In June 2024, the City Council approved a 5-Year Consolidated Plan, as required by the US Department of Housing and Urban Development (HUD) that identified the priorities for the City’s use of CDBG funding during the term of the ConPlan. The City identified the following general objectives to be addressed during the 5-year planning period:
• Public infrastructure improvement projects in residential neighborhoods such as streetlight improvements and street rehabilitation projects.
• Fair and affordable housing programs, especially targeting extremely low- and low-income households, including home-ownership programs; and,
• Increased public services through local non-profits, particularly services and programs for homeless families and individuals; and
• Economic Development activities that create jobs and support small businesses owned by women, minorities and/or low-to-moderate income individuals.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Each year, the U.S. Department of Housing and Urban Development (HUD) assesses the City of Indio’ management of CDBG program funds, the City’s compliance with the ConPlan, and the extent to which the City is preserving and developing decent affordable housing, creating a suitable living

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Annual Action Plan

3 environment and expanding economic opportunities. Overall, the City has performed satisfactorily in addressing its priority needs and carrying out the programs described in the ConPlan.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

March 4, 2025: City staff held a strategic planning event at the local senior center. Staff members presented and had an open discussion with residents on topics such as housing, economic development, and job/workforce development.

March 18, 2025: The City conducted a virtual community forum for residents to provide input surrounding community needs. A survey was distributed to solicit participation and highlight needs throughout the City.

March 20, 2025: The City conducted a virtual community forum for residents to provide input surrounding community needs. A survey was distributed to solicit participation and highlight needs throughout the City.

April 16, 2025: Public Hearing No. 1 will be held by the City Council during a public City Council Meeting to solicit public input regarding community needs and funding alternatives. After considering the funding alternatives to include in the draft AAP, Council authorized staff to move forward with the draft and activities presented later in AP-35. The required Public Hearing Notice was published in the Desert Sun newspaper April 3, 2025.

April 4 to May 5, 2025: A 30-Day Public Review Period for the Draft AAP was held. The required Public Notice was published in The Desert Sun newspaper, the City’s newspaper of record, on April 3, 2024.

May 7, 2025: Public Hearing No. 2 (final public hearing) will be held by the City Council to consider approval of the AAP. Public Hearing Notice was published on April 23, 2025.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

City staff will provide update.

6. Summary of comments or views not accepted and the reasons for not accepting them Not applicable at this time.

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Annual Action Plan

4 7. Summary
The City of Indio seeks to use FY 2025-2026 CDBG funds to continue meeting the goals and objectives of the Consolidated Plan to primarily benefit low and moderate-income persons through public infrastructure improvements and public services.

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Annual Action Plan

5 PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator City of Indio Community Development Department- Housing & Neighborhood Services
Table 1 – Responsible Agencies

Narrative (optional)
The City of Indio Community Development Department is the lead agency overseeing the Consolidated Plan’s development.

This Department is also responsible for preparing the Annual Action Plan (AAP), Consolidated Annual Performance and Evaluation Report (CAPER), and CDBG program administration.

Consolidated Plan Public Contact Information
David Razo, Senior Management Analyst
Email [email protected]
Phone (760)391-4749
100 Civic Center Mall
Indio, CA 92201

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Annual Action Plan

6 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Under a City Council- City Manager form of government, the City Council appoints and provides policy direction to the City Manager, who is responsible for administering the City’s daily operations. As the elected legislative body of the City of Indio, the City Council has overall responsibility for the scope, direction and financing of City services. In setting policy, the City Council works closely with citizen advisory commissions and committees, considers staff information and recommendations, and receives comments from the public during open forums, such as in City Council Meetings. In the preparation of the Annual Action Plan, the City has consulted with public departments and agencies, social service and non-profit organizations to understand the community’s needs and available resources. The City met with several internal City department representatives to provide information about the AAP and its processes. Department staff provided input on how CDBG resources could be used and leveraged to provide services. The City of Indio specifically contacted agencies representing homeless persons, low-income youth, and persons with disabilities, elderly persons, and persons with alcohol and/or substance abuse problems.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The principal provider of community development and economic development programs, housing projects, and financial support will be the City of Indio. However, The Housing Authority of the County of Riverside (HARIVCO) administers the Section 8 Voucher program and manages public housing located in the County. According to HARIVCO, funding to modernize the public housing units to ensure long-term physical and social viability of the developments is done through the HUD yearly funded Capital Fund Program. Capital Program activities to be undertaken by HARIVCO are identified in the Public Housing Agency (PHA) 5 Year and One-Year Action Plans. The residents are invited each year to contribute to the drafting of the Housing Authority’s Plan and planned use of Capital Fund monies. A resident advisory board is formed and meets at least twice each year to review the PHA’s strategy and policies for both public housing and tenant-based housing. The City works closely with qualifying Indio residents for Section 8 Housing Choice Vouchers. The City provides information on the availability of Section 8 programs to qualified residents. Other key health, mental health and service agencies that the City works closely with are the Riverside County Human Resources Division, Disabled Access Office; Riverside County Department of Public Services and Office of Homeless

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Annual Action Plan

7 Services; and Riverside Housing Department of Public Health, Childhood Lead Poisoning Prevention Program (CLPPP).

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City participates in various Committees, task forces, and Meeting Groups with other Cities and non-profit agencies to coordinate different services. For example, City staff participated in monthly meetings of the Coachella Valley Association of Governments (CVAG) Homelessness Committee Meetings. This representation of the CVAG Homelessness Committee ensures that homelessness issues are addressed in Indio. Also present in those meetings are the County of Riverside's Mental Health and Continuum of Care Members, who work collectively to address a variety of underserved needs in the Coachella Valley.

City staff also participates in the Coachella Valley Workforce Housing Trust Taskforce meetings to work with other agencies and businesses (through a public/private partnership) to address the affordable and workforce housing needs on a regional basis. Staff also participated in Riverside County's Housing Program Network Meetings held in Riverside to discuss regional housing issues.

The City's Housing & Neighborhood Services Analyst is the City's designated representative on the Continuum of Care Steering Committee with the County and participates in a multitude of related committees/subcommittees.

The City spearheaded a sub-committee to conduct the Homeless Count and Survey of the sheltered and unsheltered homeless population on January 22, 2025. This was a requirement of the County of Riverside Continuum of Care. The City met multiple times with local stakeholders that would assist with the Count. The stakeholders included the County, local homeless shelters, Coachella Valley Rescue Mission, Martha's Village and Kitchen, and other City volunteers.

Altogether, City of Indio staff participated in various programs and efforts to overcome possible gaps in institutional structure and enhance coordination amongst agencies providing services for the identified populations. Staff also participated in HUD-sponsored workshops and trainings such as the Innovations and Ending Homelessness Roundtable series. City staff also worked with the County of Riverside and other Entitlement Communities to develop an informal and ongoing peer networking group aimed at the needs and trends of our community.

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8 Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not currently receive ESG Funds.

Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
The City routinely partners with the previously discussed agencies and organizations to discuss initiatives and legislative changes that can affect housing and social services for its residents.

Additionally, the City is actively pursuing networking groups for housing and other social services that can best assist the community.

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9 Agency/Group/Organization Agency/Group/
Organization
Type
What section of the Plan was
addressed by Consultation?
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
City of Indio Local
Government
Housing Need Assessment
Homeless Needs (Families with
children, Veterans,
unaccompanied youth)
Non-homeless Special Needs
Market Analysis
Anti-poverty Strategy
Lead-Based Paint Strategy
All applicable agencies were consulted.

Table 2 – Agencies, groups, organizations who participated

Identify any Agency Types not consulted and provide rationale for not consulting Not Applicable.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Indio’s 2021-2029
Housing Element
City of Indio Based on the Regional Housing Needs Allocation (RHNA) set forth by the State of California, the Housing Element is the City’s chief policy document for the development of affordable and market rate housing. Consistent with this policy document, the City will maintain and enhance the quality of existing residential neighborhoods through the BNP, promote encourage fair housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition, or family size.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

March 4, 2025: City staff held a pop-up event at the local senior center. Staff members presented and had an open discussion with residents on topics such as housing, economic development, and job/workforce development.

April 16, 2025: Public Hearing No. 1 was held by the City Council during a public City Council Meeting to solicit public input regarding community needs and funding alternatives. After considering the funding alternatives to include in the draft AAP, Council authorized staff to move forward with the draft and activities presented later in AP-35. The required Public Hearing Notice was published in the Desert Sun newspaper April 3, 2025.

May 7, 2025: Public Hearing No. 2 (final public hearing) was held by the City Council to consider approval of the AAP. Public Hearing Notice was published on April 23, 2025.

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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting Non-
targeted/broad
community
Public Hearing were
held on April 16th and
May 7th by the City
Council

2 Outreach Non-
targeted/broad
community
Public Notifications
regarding public
hearings for the AAP.

Public notice
regarding the 30-day
review period were
published in The
Desert Sun
Newspaper

3 Public Meeting Non-
targeted/broad
community
Draft Documents
were made available
on the City of Indio
website and at City
Hall for public review
and comment.

Table 4 – Citizen Participation Outreach

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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Indio is expected to receive an allocation of $750,001 in CDBG funds for FY 2025-2026.

Note that this annual funding allocation is an estimate and is subject to change. The figures proposed for each project are estimates based on the assumptions that CDBG funding, entitlement funding distribution formulas and/or the number of communities eligible to receive entitlement grants will remain constant. Additionally, $479,370.81 is anticipated to be available to the City from unexpended prior year funds; however, this is subject to change. It is assumed that the expected amount for Program Year 2025-2026 will be $1,229,371.81. This amount is subject to change if any unexpected funds are available.

Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Federal Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services
$750,001 $0 $479,370.81 $1,229,371.81 $2,250,000

Expected
(FY 26-27:
$750,000
FY 27-28
$750,000
FY 28-29
$750,000)
FY 2025-2026
CDBG
Allocation

Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City will leverage CDBG funds with City General Funds to maximize resources available to provide needed service. The City does not receive HOME, ESG, HOPWA, Section 8, ARPA, HOME Match, or ESG Match. Therefore, there will be no leveraging for these funds. In addition, the following local funds will be leveraged:

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Low-Moderate Income Housing Asset Fund. The City’s Low-and Moderate-Income Housing Asset Fund can be used to conduct the dissolution of operations related to housing assets and activities of the former Redevelopment Agency (Housing Successor) of the City of Indio
Measure X. Measure X, the Neighborhood Safety/Essential City Services Improvement Measure, was approved in 2016, imposing a 1% sales tax for 20 years to address essential service priorities and needs in the City of Indio identified through community outreach. Measure X provides locally controlled funding to help the City maintain essential City services including 911 emergency response times, road maintenance and police services including gang and drug enforcement programs. Measure E was approved in 2021 to extend the 1% sales tax indefinitely, thereby generating an estimated $12 million per year.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Public Infrastructure 2025 2026 Infrastructure;
Non-housing
Community
Development
City-wide
CDBG Low-
Mod
Income
Tracts
Public improvements,
public facilities,
infrastructure
CDBG:
$994,370.81
Public Facility or
infrastructure activity for
Low/Moderate Income
Housing Benefit: 1000
households
2 Public Services &
Community
Programming
2025 2026 Public
Services
City-wide
CDBG Low-
Mod
Income
Tracts
Public Services $112,000 Public Services activities
other than Low/Moderate
Income Housing Benefit: 250
Persons assisted
Homelessness Prevention: 20
Persons assisted
3 Administration 2025 2026 Non-Housing
Community
Development
Public
Housing
Homeless
Affordable
Housing
City-wide
CDBG Low-
Mod
Income
Tracts
Maintain and enhance
the quality of existing
residents
Promote affordable
housing opportunities
$123,000 N/A
Table 6 – Goals Summary

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Goal Descriptions
1 Goal Name Public Infrastructure/Public Facilities
Goal
Description
Provide safe, accessible, and sustainable public infrastructure that improves accessibility and safety for Indio residents and invest in public facilities that enhance quality of life for the community. 2 Goal Name Public Services and Community Programming
Goal
Description
Strengthen neighborhoods by investing in public and social service activities and community programming, with an emphasis on seniors, youth, homeless and special needs populations.

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Projects
AP-35 Projects – 91.220(d)
Introduction
The activities to be undertaken during FY25/26 are summarized below. All activities listed in the table are expected to be completed by June 30, 2026.

Projects
# Project Name
1 Administration
2 Infrastructure Improvements
3 Public Services
Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The above-named projects and their allocations were selected primarily because they were identified as a high need in the ConPlan. While other high priority needs were identified in the ConPlan, the City plans to focus on public infrastructure and community services in Program Year 2025 and in turn focus on other needs in future program years.

All program activities funded with the City’s CDBG funds will benefit low- to moderate-income persons.

The basis for assigning the priority to each category was based on the identified needs expressed during the consultation and citizen participation process. In addition, priorities were determined by information gathered from the Census, a market study and existing community documents, which include the City of Indio’s’ 2021-2029 Housing Element.

The primary obstacle to addressing underserved needs is the lack of funding. The City relies primarily on CDBG Entitlement funds, program income and any state funds it can apply for to carry out the programs identified in this Action Plan. According to the County of Riverside Point-in-Time Homeless Count, the City of Indio ranks second highest amongst jurisdictions in the Coachella Valley. Homelessness is a Countywide concern, impacting the unincorporated areas, as well as the cooperating cities and entitlement municipalities. The City has financially supported shelters and programs serving the community and worked with other agencies such as the Continuum of Care (Coc)in order to maintain a coordinated approach to resolving problems of the homeless. The City plans to explore renewal membership within the County’s CoC.

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AP-38 Project Summary
Project Summary Information
1 Project Name Administration
Target Area City Wide
Goals Supported CDBG administration
Needs Addressed Maintain and enhance the quality of existing residents by promoting affordable housing opportunities
Funding CDBG: $123,000
Description Funds will be used to provide CDBG Program Administration.

Target Date 6/30/2026
Estimate the number and
type of families that will
benefit from the proposed
activities
Administration will serve all programs and projects
Location Description 100 Civic Center Mall, Indio CA
Planned Activities Grant management/oversight/operations 2 Project Name Infrastructure/Facilities Improvements
Target Area CDBG Low-Mod Tracts
Goals Supported Public Infrastructure/Facilities
Needs Addressed Public Improvements
Funding CDBG: $994,370.81
Description To construct a community sports park in the City's high residential and low/mod areas. Park will provide accessibility to
neighborhoods surrounded by freeway and railroad tracks.

Target Date 6/30/2026
Estimate the number and
type of families that will
benefit from the proposed
activities
1000 households
Location Description Immediate surrounding area (Census Tract 452.09 Block Group 1, 453.02 Block Group 1, 2, 3, 453.03 Block Group 1 and 2, 455.02 Block Group 1 and 2)

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Planned Activities Improvement to public facilities for increased accessibility.

Including, but not limited to park construction and improvements.

Project Name Public Services and Community Programming
Target Area City Wide
Goals Supported Affordable Housing and Housing for vulnerable populations Needs Addressed Public Services
Funding CDBG: $112,000
Description Funds will be used to assist public services in the City of Indio Target Date 6/30/2026
Estimate the number and
type of families that will
benefit from the proposed
activities
Estimated 210 households
Location Description City Wide
3 Planned Activities Funds will be used to assist and support agencies providing benefits and services.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City geographic areas are Citywide and CDBG. The Citywide geographic priority focuses on activities for income eligible residents (i.e. fair housing services). The CDBG geographic priority is for specific projects requiring an area benefit qualification such as parks and street improvements.

Geographic Distribution
Target Area Percentage of Funds
City-Wide 15%
CDBG Low-Mod Tracts 85%
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Indio will use a place-based strategy during the planning period. The geographic distribution of funding is predicated somewhat on the nature of the activity to be funded. It is the City’s intent to fund activities in the areas most directly affected by the needs of low-income residents and those with other special needs. The Annual Action Plan directs investment geographically to an area benefit through the CDBG geographic priority area. The area benefit category is the most commonly used national objective for activities that benefit a residential neighborhood. An area benefit activity is one that benefits all residents in a particular area, where at least 51% of the residents are low- and moderate-income persons. Public infrastructure improvements are an area benefit activity when they are located in a predominantly low- and moderate-income neighborhood.

Discussion
See above.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City shall encourage the development of housing units for households earning 30 percent or less of the Median Family Income for Riverside County. Specific emphasis shall be placed on providing family housing and non-traditional housing types such as single-resident occupancies, transitional facilities, and housing units serving temporary needs. The City will encourage housing development for extremely low-income households through various activities such as outreach to nonprofits and discussions with for-profit housing developers, providing in-kind technical assistance for housing developers, financing and funding assistance, and expedited processing as appropriate. Some of the City's most recent developments include the 400 units at the Arroyo Crossings Apartments, which are 100 percent affordable. Currently, the City does not utilize affordable housing with CDBG Funds.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
According to the SCAG 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Growth Forecast adopted in April 2012, the population of Indio is forecast to increase to 111,800 residents by 2035, which will be an increase of 47.0 percent from 2010.

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AP-60 Public Housing – 91.220(h)
Introduction
This section describes what actions the City will take in the given program year to carry out the public housing portion of the Strategic Plan contained in the Consolidated Plan. The section will identify the way its plan will address the needs of public housing during the program year. Should HUD designate the public housing agency as "troubled" or perform poorly, the City will describe how it will provide financial or other assistance to improve the operations of the public housing agency to remove such a designation.

Actions planned during the next year to address the needs to public housing The City of Indio does not own public housing. The City works in close collaboration with the Housing Authority of the County of Riverside (HARC) to provide public housing within the City.

Indio will continue to work independently and closely with the HA and local nonprofits to provide assistance to low-income families. As population demographics continue to change, the City will continue to work with the county housing authority and local (and regional) nonprofits to develop public housing projects in Indio.

The City and the County of Riverside work together to provide the following Section 8 assistance:
• Housing Choice Voucher Program. HCV is the County’s Section 8 voucher program, which includes other programs and services available to HCV participants, such as Moving to Work.
• Moving to Work. Moving to Work (MTW) is a demonstration program supported by HUD created to accomplish three (3) goals: 1) promote self-sufficiency among assisted families; 2) achieve program efficiency and reduce costs; and 3) increase housing choice for low-income households.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
HACRC encourages resident involvement through various methods, particularly focusing on self-sufficiency and enhancing the quality of one’s own life. HARC connects residents and participants to services, activities, and other organizations that promote that vision. There are Neighborhood Network Centers (including public computer centers) and community partnerships for residents to utilize. On the HACR website, resident can locate relevant services and service providers in dedicated “resident” and “resident services” sections. Additionally, HARC provides newsletters and reports about the status of its programs and residents for current and future participants.

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If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
HACR is not designated as a “troubled” public housing authority Discussion
With the completion of the General Plan amendment in 2020, the City anticipates higher- density residential development with more affordable units. As the number of developed sites identified as entitled projects for lower-income units increases, the City is optimistic in its pursuit of meeting its Regional Housing Needs Assessment goals, identified in its 6th Cycle Housing Element goals.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section describes the City’s one-year goals and the specific action steps it will undertake in the program year to carry out the homeless strategy outlined in SP-60 Homelessness Strategy. It will also describe the jurisdiction’s one-year goals and specify the activities it will undertake to serve the housing and supportive-service needs of non-homeless populations who require supportive housing.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Goals Include:

1. Explore Renewing Membership with Riverside County Continuum of Care (CoC). In the past, the City has partnered with the Riverside County CoC and other social service agencies, in order to accomplish one-year goals objectives. Due to staff limitations, the City has not been a member of the CoC in recent years, but intends to explore membership renewal during the first year.

2. Encourage Housing for Extremely Low-Income Households. The City shall encourage the development of housing units for households earning 30 percent or less of the Median Family Income for Riverside County. Specific emphasis shall be placed on the provision of family housing and non-traditional housing types such as single-resident occupancies, transitional facilities and housing units serving temporary needs. The City will encourage development of housing for extremely low-income households through a variety of activities such as outreach to nonprofit and for-profit housing developers, providing in-kind technical assistance for housing developers, financing and funding assistance and expedited processing as appropriate.

3. Outreach by the City’s Quality of life (QOL) team. In addition to reaching out to homeless individuals and households through the work of the local homeless shelters and service providers, the City will be employing the City’s Quality of Life Team. The Quality of Life (QOL) Team is made up of uniformed police officers that have been trained and have the capacity to work closely with the homeless community, as well as other local County and service agencies who can provide valuable services to the homeless individuals/households.

The QOL Team is also made up of support staff, as well as a licensed social worker, that serves as an additional resource. The social worker not only establishes key relationships with the homeless community, but also makes the necessary connections between the homeless clients and key resources. Since employing this team, the City has improved the level and form of interaction with the homeless community and has improved the quality of

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life of its residents.

Addressing the emergency shelter and transitional housing needs of homeless persons State Housing Law requires that cities identify sites that can adequately accommodate emergency homeless shelters. Additionally, cities must not unduly discourage or deter these uses. With the adoption of Ordinance Nos. 1633 and 1634, the Zoning Map was amended to designate an Emergency Shelter Overlay Zone District for emergency shelters at specific sites. In addition, Municipal Code definitions related to housing, including emergency shelters, transitional housing and supportive housing were amended such that transitional and supportive housing are residential uses subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone. These amendments were requirements of State law (SB 2).

The City is also providing CDBG funding to support the efforts of the Coachella Valley Rescue Mission (CVRM) and Martha’s Village and Kitchen to provide emergency shelter and case management services for the homeless.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Martha’s Village and Kitchen runs a complete-service program that helps homeless persons transition to independent living. While this program is not directly run by the City, Martha’s Village, and Kitchen provides the model of their program to the City. In addition, the program was previously funded through the City of Indio’s CDBG program.

The City is supporting the Senior Meals Program during the 2023-24 fiscal period. The Senior Meals program is part of the solution to homelessness and helps with homeless prevention.

Through the Indio Senior Center, the funding provided through the City’s CDBG Program funds provides expanded meal services to many low-income seniors 62 years old and over.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services,

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employment, education, or youth needs.

Rental assistance is a component of the City’s strategy to prevent homelessness by individuals and families at risk of homelessness. Among this group are highly low-income renters who spend more than 50% of their income on housing costs. This includes those homeless persons and families on the Section 8 waiting list. The City will continue to support the County of Riverside Housing Authority’s Section 8 rental assistance program. In addition, the City will encourage and facilitate the Housing Authority’s landlord outreach efforts in Indio. In addition, the City’s fair housing provider will assist renters and homeowners in jeopardy of losing their housing. They will mediate landlord/tenant complaints, work with the tenant in formulating a plan, such as a rent repayment plan, and mediate with the landlord to identify realistic solutions for all parties involved. Through its default and foreclosure counseling, the Housing Resource Center’s first charge is to assist the homeowner in obtaining a loan modification or workout plan to keep them in their home. Both actions contribute to preventing homelessness.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City’s 2021-2029 Housing Element includes an analysis of potential and actual governmental constraints on the maintenance, improvement, or development of housing for all income levels, including land-use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. Notable barriers to developing affordable housing in Indio include:
• Market Constraints
• Constructions Costs
• Labor and Land Costs
• Governmental Constraints
• Land-Use Controls
• Land-Use Designations
• Geological and Other Environmental Constraints
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The State of California Department of Housing and Community Development (HCD) approved the City’s Housing Element Update in April 2022. The update included an analysis of governmental constraints, which is summarized below. The City’s general plan and zoning code were also amended to encourage affordable and transitional housing. Because of the analysis, the City concluded that its policies and current practices do not create significant barriers to affordable housing. Additionally, the City implemented a fee deferral program to assist affordable housing developers. However, due to new State laws, such as SB 2, the City will need to adopt new land use and other standards to facilitate and encourage affordable housing production. For example, development standards for Single Room Occupancy (SRO) housing units will need to be established. In addition, some existing policies – such as density bonuses – will need to be refined to address the requirements of a recently enacted law (SB 1818).

Discussion:

The City is committing to removing or ameliorating the barriers to affordable housing. The full listing of actions can be found in the current Housing Element, which provides a description of each barrier, its significance to affordable housing in Indio, and the actions planned/taken to remove or ameliorate the negative effects of the barriers.

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Indio City CouncilMay 7, 2025

Indio City Council
May 7, 2025