Indio City Council
November 19, 2025

Second Reading of Ordinance No. 1826, amending the Indio Municipal Code,... Page 119 of 257 City of Indio
City Council
November 19, 2025

STAFF REPORT

To: City Council
From: Steven Graham Pacifico, City Attorney
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Resolution No. 10528 of the City Council of the City of Indio, California, Adopting City Council Protocols

RECOMMENDATION:

It is respectfully recommended that the City Council adopt Resolution No. 10528.

SUMMARY:

The proposed City Council Protocols are a comprehensive, non-codified governance document designed to assist the City Council operations by clarifying roles, responsibilities, and procedures for the Mayor, individual Council Members, and the Council as a whole. The document organizes best practices into topic-based sections addressing transparency and Brown Act compliance; fairness of process; agenda preparation and item placement authority; the formation and scope of standing versus ad hoc committees; external and internal appointments; use of City personnel and resources; use of Council Chambers and broadcast systems; community relations and official spokesperson norms; ethical decision-making under the Political Reform Act (PRA) and FPPC regulations; expectations for Council-staff interactions within the council-manager form of government; decorum and parliamentary procedure under Rosenberg’s Rules of Order; and internal enforcement through warning, reprimand, and censure procedures. The draft resolution accompanying the Protocols confirms that the Protocols are intended for internal governance, that applicable law controls in any conflict, and that the Council may amend or waive the Protocols at any duly noticed meeting.

BACKGROUND INFORMATION:

In early spring, the Mayor appointed an Ad Hoc Committee consisting of the Mayor and Mayor Pro Tempore to review, discuss, and revise Council Protocols. The Ad Hoc Committee met on April 10, 2025 and April 28, 2025, worked with the City Attorney, and produced an initial draft for City Council review at the August 20, 2025 regular meeting in a study session.

The City Council had three items of feedback:

(1) The addition of a new Section 9.2.4 creating a 90-day “blackout” period before any municipal election to ensure that City resources cannot be used in ways that could reasonably be seen as supporting or opposing a City candidate or ballot measure. “City resources” is defined broadly to include staff time, facilities, equipment, official communication channels, and City branding, and generally media or meetings, community halls, used for events be not may town featuring candidates or their representatives. Narrow exceptions allow non-campaign, purely factual events and legally required, emergency, or routine meetings, including the State of the City, or balanced AGENDA ITEM #10.8
Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 120 of 257 informational communications. Council Members may still engage in political activity on their own time without City support. Any communication or event touching on elections, candidates, or ballot measures during the blackout must be pre-cleared by the Mayor (or Mayor Pro Tem in case of conflict) with advice from the City Attorney.

(2) Section 11.1 was amended to replace the less certain “Mayor, then Mayor Pro Tem or most senior member” rule with a detailed order of precedence that tells staff exactly who gets ceremonial duties and why. It also broadens the trigger from the Mayor’s “absence or inability to serve” to situations where the Mayor is “unavailable or declines,” making it clearer that the Mayor can affirmatively pass on an event. In addition, the new version prioritizes the Mayor Pro Tem, then the district representative, then a subject-matter designee, and only then overall seniority, so assignments track geography and expertise instead of just length of service. Finally, when more than one member fits a given criterion, the Mayor or Mayor Pro Tem chooses the designee, with Council seniority as the default tie-breaker, which adds a clear, predictable mechanism for resolving overlaps.

(3) Section 11.4 (Media Relations) was amended to incorporate the same order of precedence discussed above in Section 11.1.

The remainder of the Protocols remains unchanged.

The Protocols begin with defined terms—Brown Act, City Council, Mayor, Mayor Pro Tempore, City Manager, City Attorney, FPPC and FPPC Regulations, Quasi-Judicial Hearing, Serial Meeting, Standing Committee, and Ad Hoc Committee—so that the policy language tracks statutory concepts and common municipal practice. They then articulate a “higher standard” commitment that the Council will honor not only the letter but the spirit of applicable law; emphasize openness by favoring public access and encourage proactive, agenda-focused communications through the City Manager to keep meetings efficient and deliberations well-informed.

On fairness of process, the Protocols memorialize that decisions should rest on the record and the law, and they incorporate due-process safeguards for quasi-judicial matters so that parties and the public understand the basis for Council action. While not converting best practices into rigid rules, the Protocols frame disclosures and decorum as standard operating expectations to guard the integrity of hearings and any subsequent administrative record.

The agenda-preparation section recognizes the Mayor’s practical role, working with the City Council’s appointed officials in the City Manager and City Attorney, to sequence and curate agendas, while preserving the majority’s inherent authority to direct inclusion or removal of items. It mirrors Brown Act mechanics for adding late-arising urgency items and clarifies that inquiries raised during public comment may be referred or agendized later rather than acted upon immediately.

Committee provisions codify, in policy form, the legal distinction between standing committees, which have continuing jurisdiction or a fixed meeting schedule and therefore subject to full Brown Act compliance, and ad hoc committees, which are temporary, narrowly-focused, advisory only.

Reporting expectations are set so that committee work product returns to the full Council in public, preserving transparency and collective decision-making.

Additional sections address appointments to external bodies and to City commissions, with the Mayor as appointing authority for external roles subject to Council override, and the Council collectively appointing to City commissions. They also delineate the official spokesperson role of the Mayor, rules for use of City letterhead and branding, and the proper channeling of legislative

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 121 of 257 correspondence. The resources section affirms that City personnel, funds, and facilities are for official purposes only and not for personal or campaign use. The section channels significant research or work requests through the City Manager and preserves direct legal inquiries to the City Attorney while recognizing that extensive research should be authorized by the Council when appropriate.

The Protocols discuss the use of the Council Chambers to emphasize scheduling priority for official meetings. The media and community-relations sections reaffirm that Members may speak in their personal capacities but must be clear when not stating a Council-adopted position, with the Mayor serving as the primary official spokesperson. Ethical-decision-making provisions integrate the Political Reform Act’s conflict-of-interest principles.

Finally, the enforcement framework provides a progressive set of internal remedies, warning, written reprimand, and censure. At the same time, the Protocols clarify that they do not create a private right of action, that non-compliance does not alone invalidate otherwise lawful Council actions, and that removal from office is governed exclusively by state law mechanisms such as recall or judicial proceedings.

ATTACHMENTS:

Attachment 1 - Protocols Resolution(1)
Attachment 2 - City Council Protocols - as revised by Council SP FINAL

APPROVAL(S):

Sabdi Sanchez, Director of City Clerk Services Pending
Bryan H. Montgomery, City Manager None

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 122 of 257 RESOLUTION NO. 10528

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

CALIFORNIA, ADOPTING CITY COUNCIL PROTOCOLS
WHEREAS, the City Council of the City of Indio (“City Council”) is committed to open and effective local government; and
WHEREAS, the City Council desires to adopt written protocols that supplement applicable law, clarify roles and expectations, promote decorum, fairness of process, and ethical decision- making, and strengthen public trust.

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

Section 1. Adoption of City Council Protocols. The City Council hereby adopts the “City Council Protocols, City of Indio,” dated November 19, 2025, attached hereto and incorporated herein by this reference as Exhibit A (“Protocols”). The Protocols supplement, and shall be interpreted consistently with, all applicable federal, state, and local laws. In the event of a conflict between the Protocols and applicable law, applicable law shall control.

Section 2. No Private Right; Internal Governance. The Protocols are intended solely for the internal governance of the City Council. They do not create or confer any private right of action or claim against the City, the City Council, individual Council Members, or City officers or staff, and non-compliance shall not, by itself, invalidate any City Council action taken in conformity with applicable law.

Section 3. Supersession; Amendments. Upon the effective date of this Resolution, any prior City Council protocols, policies, or guidelines addressing the same subject matter are superseded to the extent of any inconsistency. The City Council may amend, waive, or replace the Protocols, in whole or in part, at any duly noticed public meeting.

Section 4. Severability. If any portion of this Resolution or the Protocols is held invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions, which shall continue in full force and effect.

Section 5. Effective Date; Certification. This Resolution shall take effect immediately upon its adoption. The City Clerk shall certify to the passage of this Resolution and shall cause Exhibit A to be maintained on file and made available to the public in the ordinary course.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indio, California, this ___ day of __________, 2025.

____________________________________

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 123 of 257 GLENN MILLER, Mayor

ATTEST:

CITY CLERK

_____________________________________

SABDI SANCHEZ, MMC
Dir. of City Clerk Services

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 124 of 257

CITY COUNCIL PROTOCOLS

CITY OF INDIO
DATED: NOVEMBER 19, 2025

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 125 of 257 Section 1: DEFINED TERMS
For purposes of these Protocols, the following terms shall have the meanings ascribed below. All defined terms are intended to be interpreted broadly to effectuate the goals of transparency, ethical governance, and compliance with applicable law.

1.1Ad Hoc Committee: A temporary Sub-Committee of the City Council created by the Mayor for a limited purpose and duration, not subject to the open meeting requirements of the Brown Act.

1.2 Brown Act: Refers to the Ralph M. Brown Act (California Government Code Sections 54950 - 54963, as amended), which mandates open meetings for local government bodies to ensure the public's right to participate in legislative decision-making.

1.3 City: The municipal corporation and general law city incorporated as the City of Indio, California.

1.4 City Attorney: The legal advisor appointed by the City Council to provide legal services to the City, including advising the City Council, staff, and commissions.

1.5 City Council or Council: The legislative body of the City of Indio, comprising all elected Members, acting collectively through a majority of its Members unless otherwise required by law.

1.6 City Manager: The administrative officer appointed by the City Council, responsible for implementing Council directives and overseeing the day-to-day operations of City government in coordination with the Mayor and under Council policy.

1.7 City Resources: Includes, but is not limited to, City staff time, equipment, materials, facilities, and electronic systems. Use of City Resources must be directly related to the conduct of official City business and comply with all applicable City policies and state laws.

1.8 Closed Session: A portion of a properly agendized Council meeting closed to the public, conducted under the limitations of the Brown Act, typically for discussions involving litigation, personnel matters, labor negotiations, or real estate transactions.

1.9 Council Member or Member: An individual elected or appointed to serve on the City Council of the City of Indio.

1.10 FPPC: The California Fair Political Practices Commission, the independent regulatory body responsible for enforcing California's Political Reform Act.

1.11 FPPC Regulations: The rules and regulations adopted by the FPPC to implement the Political Reform Act, codified at Title 2, Sections 18109 – 18997 of the California Code of Regulations.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 126 of 257

1.12 Mayor: The Council Member selected by the City Council to serve as the presiding officer of Council meetings, ceremonial head of government, and chief spokesperson responsible for ensuring the orderly conduct of City business and upholding the policies and direction set by the Council.

1.13 Mayor Pro Tempore: The Council Member selected to serve in the Mayor’s absence or incapacity, fulfilling all ceremonial and procedural duties assigned to the Mayor when necessary.

1.14 Political Reform Act: Refers to the California Political Reform Act of 1974 (California Government Code Sections 81000 – 91014, as amended), governing political campaign practices, conflicts of interest, and financial disclosures.

1.15 Quasi-Judicial Hearing: A proceeding before the City Council that involves the application of existing laws to specific facts, often involving property rights or entitlements, and requiring procedural safeguards such as notice and an opportunity to be heard.

1.16 Rosenberg's Rules of Order: A simplified set of parliamentary procedures intended to govern the conduct of public meetings efficiently and fairly, unless otherwise modified by the Council.

1.17 Serial Meeting: A prohibited series of communications between Council Members, either directly or through intermediaries, that collectively involve a majority of the legislative body and relate to substantive City business, in violation of the Brown Act.

1.18 Standing Committee: A Sub-Committee of the City Council that has a continuing subject matter jurisdiction or a meeting schedule set by the Council, subject to the open meeting requirements of the Brown Act.

1.19 Sub-Committee: A temporary (ad hoc) or ongoing (standing) body composed of two Council Members, created by the Mayor to investigate, discuss, or make recommendations to the full City Council on specific matters.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 127 of 257 Section 2. SETTING A HIGHER STANDARD.

The City Council of the City of Indio (“Council”), led by the Mayor as its presiding officer, is committed to setting a higher standard of governance that exceeds the minimum legal requirements imposed by California law. By adopting these Protocols, the Council affirms its dedication to fostering an open, ethical, fair, and efficient local government that earns and maintains the public’s trust.

These Protocols are intended to supplement—not replace—the existing statutory framework, including but not limited to the Brown Act and the Political Reform Act. In all circumstances where applicable law permits discretion, Members shall strive to act in a manner that promotes transparency, accountability, and the common good of the City’s residents.

Council Members agree that they shall individually and collectively: (1) Adhere to not only the letter but the spirit of all applicable laws; (2) Prioritize the public interest above personal or political considerations; and (3) Conduct themselves with decorum, professionalism, and civility in all City-related matters.

Members are encouraged to seek timely legal advice and policy clarification as needed to avoid actual or perceived improprieties.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 128 of 257 Section 3. OPENESS
The City Council of Indio is firmly committed to conducting City business in a manner that is open, transparent, and fully accessible to the public. Public trust is the foundation of ethical governance, and transparency is a critical element in maintaining that trust. Accordingly, the following standards shall guide the conduct of Council Members:

3.1 Public Meetings
All City Council meetings shall be conducted in full compliance with the Brown Act. Members, guided by the Mayor’s responsibility to ensure orderly proceedings, shall apply the Brown Act’s provisions liberally to guarantee the public's right to observe and participate in the decision- making process. Where interpretation is necessary, Council Members shall favor openness and public participation over restrictive readings of the law.

3.2 Council Communications and Serial Meetings
Council Members must exercise care to avoid "serial meetings," whether directly, sequentially, or through intermediaries, in violation of the Brown Act. Communications regarding substantive City business that could lead to a majority consensus outside of an open meeting are strictly prohibited.

3.3 Closed Session Discussions
Closed sessions shall only be conducted where expressly authorized by the Brown Act.

Discussions and materials from closed sessions are strictly confidential. Members are prohibited from disclosing such information except as specifically authorized by a Council majority.

3.4 Proactive Communication
In support of efficient and well-informed meetings, Council Members are encouraged to review agenda items in advance and to direct any clarifying questions to the City Manager whenever feasible. This practice allows staff to gather necessary information and ensures that Council discussions remain focused and productive during public meetings.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 129 of 257 Section 4. FAIRNESS OF PROCESS
The City Council of Indio is committed to ensuring that all City decisions are made through a fair, impartial, and transparent process. Council Members shall act with integrity and professionalism at all times to foster public confidence in the fairness of City governance.

4.1 Decisions on the Merits
Council Members shall base all decisions solely on the facts presented, the law, and the best interests of the community as a whole.

4.2 Meetings with Applicants and Interested Persons
Council Members may meet with applicants, residents, or interested persons regarding pending matters, provided such meetings comply with the Brown Act and applicable disclosure requirements. The Mayor may, in consultation with the City Attorney, provide additional procedural guidance for such meetings to ensure transparency and fairness.

4.3 Disclosure of Meetings, Site Visits, and Independent Research Council Members are encouraged to disclose, during the public meeting and prior to deliberation, any substantive meetings, site visits, or independent research conducted on matters pending before the Council

4.4 Decorum and Debate
Council Members shall conduct debates with civility, professionalism, and respect toward their colleagues, staff, and the public. Members are encouraged to ask probing questions and engage in substantive discussion but shall refrain from personal attacks, inflammatory language, or disruptive conduct. The Mayor, as presiding officer, shall ensure decorum is maintained at all times.

4.5 Parliamentary Procedure: Rosenberg’s Rules of Order City Council meetings shall be governed by Rosenberg’s Rules of Order, unless otherwise modified by Council action or applicable law. The Mayor shall serve as the primary interpreter and enforcer of procedural rules during meetings to ensure orderly deliberations.

4.6 Quasi-Judicial Hearings
In matters where the City Council acts in a quasi-judicial capacity, Members shall adhere to heightened standards of fairness, impartiality, and due process.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 130 of 257

4.7 Attentiveness at Meetings
Council Members shall remain fully attentive during meetings, refraining from unrelated conversations, electronic communications, or activities that detract from their responsibilities.

Members shall maintain a professional demeanor, and the Mayor shall address any conduct that disrupts the business of the Council.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 131 of 257 Section 5. Agenda Preparation
The City Council of Indio recognizes that careful agenda management is essential to the efficient, transparent, and effective conduct of public business. The Mayor, as the presiding officer, holds primary responsibility for overseeing the preparation of City Council meeting agendas, subject always to the inherent authority of a majority of the Council to direct the inclusion or removal of items.

5.1 Preparing the Agenda
The City Manager shall, in consultation with the Mayor and City Attorney, prepare the draft agenda for all regular, special, and emergency meetings of the City Council.

5.2 Placement of Agency Items
Items necessary for the orderly management and operation of City affairs, as recommended by the City Manager to the Mayor, may be placed on the agenda. The Mayor retains the discretion to review, defer, or reprioritize such items to maintain the efficient conduct of Council business, unless otherwise directed by a majority vote of the Council.

5.3 Placement of Mayor’s Items
The Mayor may place items directly on any Council meeting agenda, including ceremonial matters, policy initiatives, informational presentations, or items of public concern. The Mayor shall endeavor to ensure that all items are fully prepared for discussion and action in accordance with applicable laws and procedures.

5.4 Placement of Council-Initiated Items
Any Council Member may request that an item be placed on a future agenda by submitting a written request to the Mayor before the draft agenda is complete for the desired meeting. The Mayor shall determine whether the item will appear on the agenda for discussion or referral. If directed by a majority of the Council during a public meeting, the Mayor shall place the requested item on a future agenda for full Council consideration.

5.5 Future Agenda Items
Members may propose future agenda items at any regular meeting of the City Council. The Council may, by a majority vote, direct the Mayor to include a specific item on an upcoming agenda, including setting a date for its return.

5.6 Urgency Items

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 132 of 257 Matters requiring immediate action that arose after agenda posting, as defined by the Brown Act, may be added to the agenda with the approval of two-thirds of the Council Members present, or by a unanimous vote if less than two-thirds are present. The Mayor shall ensure that urgency items are properly justified and documented.

5.7 Matters Not Appearing on the Agenda
No action shall be taken on any matter not properly placed on the posted agenda except as permitted by the Brown Act. Inquiries made during public comment may be referred to the City Manager or appropriate staff for a report at a future meeting, or may be placed on a subsequent agenda at the direction of the Mayor or Council majority.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 133 of 257 Section 6. COUNCIL COMMITTEES
The City Council of Indio recognizes that Committees are essential tools for detailed analysis, fact-finding, and development of recommendations to the full Council. The Mayor, as the presiding officer, holds the authority to create, define, and appoint Council Committees. The City Council may override or modify any decision of the Mayor under this Section 6 by a 2/3 vote of the entire Council.

6.1 Purpose of Committees
Council Committees, whether Standing or Ad Hoc, are created to assist the Council by investigating particular issues, formulating recommendations, or providing focused oversight on specialized topics. Committees do not exercise independent decision-making authority but act solely to advise the full Council.

6.2 Appointment to Committees
The Mayor shall have the authority to create Committees and to appoint Council Members to serve on them. In making appointments, the Mayor shall consider the expertise, interest, and availability of Council Members to ensure effective service.

6.3 Standing Committees
A Standing Committee is a continuing body with subject matter jurisdiction over recurring topics (e.g., budget, infrastructure, public safety) or a regular meeting schedule. Standing Committees are subject to all open meeting requirements of the Brown Act. The Mayor shall designate the scope, meeting schedule, and reporting obligations of each Standing Committee.

6.4 Ad Hoc Committees
An Ad Hoc Committee is a temporary body created for a limited purpose and dissolved once its specific task is completed. Ad Hoc Committees are not subject to Brown Act open meeting requirements if they consist solely of two Council Members and are purely advisory. The Mayor shall define the mission and expected duration of each Ad Hoc Committee.

6.5 Committee Operations
Reports, recommendations, and findings of Committees shall be presented to the full Council either in writing or through oral reports at noticed Council meetings. Committees shall not take action on behalf of the City or speak for the Council unless expressly authorized by the Council.

Committees shall report back to the Council on at least a monthly basis. For Ad Hoc Committees, the Committee shall submit a final report, recommendation and/or finding in the form of a written report at the conclusion of the Committee’s work.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 134 of 257

6.6 Staff Support
The City Manager and City Attorney shall assign appropriate staff to provide administrative and logistical support to Committees at the Mayor’s request, subject to staffing availability and overall City priorities as determined by the City Manager in consultation with the Mayor.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 135 of 257 Section 7. APPOINTMENTS
The City Council of Indio recognizes that representation on external boards, commissions, and internal City bodies is essential to advancing the City's interests and ensuring responsive governance.

7.1 Appointments to Other Public Agencies
The Mayor shall have the authority to appoint Members to represent the City on other governmental bodies, public entities, and community organizations, including but not limited to regional boards, intergovernmental committees, and public associations. Appointments by the Mayor shall become effective unless overridden by a two-thirds vote of the entire City Council.

In making appointments, the Mayor shall consider the qualifications, expertise, and expressed interests of Council Members, and shall endeavor to distribute appointments equitably among Members.

7.2 Appointments to City Commissions and Advisory Bodies Appointments to City commissions, boards, and advisory committees shall be made by the City Council as a body.

7.3 Member Compensation
The City Attorney shall annually review and bring forward any proposed updates to Council Member compensation in accordance with applicable law. If adjustments are authorized, such changes shall be presented by Ordinance for Council consideration during a regular Council meeting, typically at the first meeting of each calendar year.

7.4 Filling Council Vacancies
In the event of a vacancy on the City Council, it is the preference of the Council to fill the vacancy by appointment to ensure continuity of governance and to avoid the cost of a special election. Upon a vacancy, or notice of future vacancy by resignation the City Clerk shall immediately notify the Council of the vacancy.

A Notice of Vacancy shall be publicly posted and published, soliciting applications from qualified residents of the appropriate district. Applications shall be received within thirty (30) days of the vacancy, and eligibility shall be verified by the City Clerk. The Mayor shall schedule a special meeting of the Council to review applications and conduct public interviews if desired.

The Council shall endeavor to appoint a qualified individual by majority vote within sixty (60) days of the vacancy.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 136 of 257 Section 8. ADMINISTRATIVE SUPPORT
The City of Indio is committed to providing professional, efficient, and impartial administrative support to all Council Members in the discharge of their official duties. Such support shall be coordinated under the leadership of the Mayor, and managed through the City Manager and designated City staff, ensuring consistency with City policies, legal standards, and resource availability.

8.1 Processing Correspondence
City staff shall assist Council Members by delivering incoming correspondence unopened to the Members. City staff shall assist in processing outgoing correspondence in a manner that upholds the integrity and professionalism of City operations.

8.2 Council Correspondence

8.2.1 Mayor as Official Spokesperson
The Mayor shall serve as the primary spokesperson for the Council on matters of official City business, unless the Council directs otherwise. Letters or statements representing the official position of the City Council shall be signed by the Mayor.

8.2.2 Use of City Letterhead, Seal, and Logos
Council Members shall use City letterhead, seals, logos, and resources solely for official City business. Personal, campaign, or non-City matters shall not involve the use of City branding or resources.

8.2.3 Personal Correspondence
Council Members may request personal stationery (without City letterhead) for use in communications that are personal in nature. Such communications shall be prepared and sent at the individual Council Member’s expense.

8.2.4 Legislative Correspondence
Requests to support or oppose County, State, or Federal legislation on behalf of the City shall be submitted to the Mayor. The Mayor may place such requests on a future agenda for Council consideration or may act administratively if consistent with the City’s adopted Legislative Platform.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 137 of 257 Section 9: USE OF CITY PERSONNEL, EQUIPMENT, AND RESOURCES The City of Indio is committed to ensuring that public resources are used efficiently, lawfully, and solely for official City purposes. The City Council is responsible for setting the policies governing the use of City personnel, equipment, and resources, while the City Manager is responsible for the administrative implementation of these policies within operational limits.

9.1 General Principles
City personnel, facilities, equipment, funds, and other resources are public assets entrusted to the City for public use. Council Members shall not use or authorize the use of any City resource for personal, political, or non-City business purposes. City resources shall only be used to conduct official City business or activities expressly approved by the Council or authorized pursuant to established City policy.

9.2 Use of City Resources

9.2.1 Permissible Uses
City resources may be used by Council Members when performing official City duties or engaging in activities clearly related to official City business. Such use must be consistent with City policies, procedures, and applicable laws.

9.2.2 Prohibited Uses
Council Members shall not: (1) use City resources for personal gain, campaign activities, or private business interests; (2) Direct staff to perform tasks unrelated to City business; (3) Utilize City facilities or services for political fundraising or advocacy.

9.2.3 Special Circumstances
Requests for use of City resources for activities related to joint powers authorities, recognized public associations, or regional partnerships must be coordinated through the Mayor and approved by the City Manager, or referred to the Council for formal consideration if necessary.

9.2.4 Pre-Election Use of City Resources (90-Day Blackout) To safeguard neutrality and public trust, the City shall not use, or permit the use of, City Resources in any manner that could reasonably be construed as supporting or opposing a candidate for elective City office or a City ballot measure during the ninety (90) days preceding any municipal election conducted within the City.
(a) Scope. “City Resources” has the meaning in Section 1.7 and includes staff time during compensated hours (including department heads), facilities, equipment,

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 138 of 257 supplies, City email and electronic systems, official social media, websites, video/television/streaming services, graphic design and printing, translation, vendor or consultant services paid by the City, and any use of the City seal, logos, or branding.

Communications by or through official City channels are covered by this subsection regardless of the speaker.
(b) Prohibited Uses. Absent an express exception in (d), during the blackout period City Resources shall not be used to plan, promote, host, record, broadcast, or staff “town halls,” community meetings, press events, or listening sessions that feature any candidate or campaign representative, or that could reasonably be perceived as electioneering.
(c) Limited Exceptions. The City Manager may authorize City Resources to plan, promote, host, record, broadcast, or staff “town halls,” community meetings, press events, or listening sessions that include a Council Member who is also a candidate if the event is not campaign related, and the content of the event is strictly factual, non- persuasive, and approved by the Mayor (or in the event of a conflict, the Mayor Pro Tempore) with the advice of the City Attorney:
(d) The following are Exempt from this Subsection:

Legally Required Communications: Notices mandated by law (e.g., public hearing notices, election logistics published by the City Clerk) and ministerial publications necessary to conduct City business.

Emergency or Public Safety Information: Time-sensitive communications necessary to protect health, life, property, or critical infrastructure.

Previously Scheduled, Routine Business: Regular Council/commission meetings and agenda items placed in the ordinary course, including the State of the City.

Balanced Ballot-Measure Information: If the Council has taken an official position on a ballot measure, staff may prepare a fair-presentation, fact-based explanation of the Council’s action for the legislative record. Any public-facing material must be purely informational (balanced, accurate, and non-argumentative) and reviewed by the City Attorney.

Council Member Speech Without City Resources: Nothing herein restricts a Council Member’s right to engage in political activity on personal time, using non-City Resources.
(e) Presumptions & Examples. The following are presumptively prohibited in the blackout period: a City-hosted town hall featuring an incumbent candidate for City office; City-produced videos or social posts highlighting a candidate for City office’s accomplishments; deploying City staff to manage event logistics for campaign-adjacent appearances; boosting or linking to campaign content from official City accounts.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 139 of 257 (f) Pre-Clearance & Review. Any contemplated communication or event that could implicate elections, candidates, or ballot measures during the blackout period must be submitted for prior review by the Mayor (or in the event of a conflict, the Mayor Pro Tempore) with the advice of the City Attorney.

9.3 City Manager’s Administrative Role
The City Manager, under the direction of the Council, shall oversee the day-to-day management and allocation of City personnel and resources. In situations involving unusual or significant resource use, the City Manager shall consult with the Mayor and, if appropriate, seek Council direction.

9.4 Requests for Research or Information

9.4.1 Requests to City Staff
Council Members may make direct inquiries to the City Manager or Department Heads regarding matters relevant to their areas of responsibility. Any inquiry would require substantial staff time, generate new work product, or initiate a policy discussion shall be coordinated through the City Manager, in consultation with the Mayor if appropriate. If there is any doubt whether a request exceeds routine inquiry, the Department Head shall refer the matter to the City Manager for direction.

9.4.2 Requests to City Attorney
Council Members may submit direct legal inquiries to the City Attorney. The City Attorney may address such inquiries directly or assign such inquiries to members of his or her office.

Extensive or complex legal research requests may be routed through the Mayor for placement on a future agenda for Council authorization if necessary.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 140 of 257 Section 10: USE OF CITY COUNCIL CHAMBERS
The City Council Chambers serve as a vital public space for the conduct of City business, ceremonial events, and civic engagement. The Mayor, as the presiding officer of the Council, is primarily responsible for maintaining the appropriate use, decorum, and scheduling of the City Council Chambers.

10.1 Primary Purpose
The primary purpose of the City Council Chambers is to serve as the official venue for meetings of the City Council, City commissions, advisory committees, and other bodies established by the Council or the City Manager for City-related business. The use of the Chambers shall at all times reflect the dignity and public purpose of City government.

10.2 Scheduling and Calendar
The City Clerk, under the direction of the Mayor, shall maintain a calendar for the use of the Council Chambers. City Council meetings shall have first priority in scheduling. Other meetings or events may be scheduled only when they do not conflict with official City business.

10.3 Permitted Uses
The City Council Chambers may be made available for the following additional uses: (1) Meetings or events hosted by City commissions, boards, or task forces; (2) Educational election forums conducted in a fair, impartial, and nonpartisan manner; (3) Public ceremonies or civic events sponsored or approved by the Council; and (4) Other governmental or civic meetings as authorized by the Mayor in consultation with the City Manager.

Use of the Chambers shall not include political rallies, private events, commercial uses, or any event that could compromise the neutrality or dignity of City government.

10.4 Special Rules for Election Forums and Ballot Measure Events Any use of City facilities or funds for informational forums regarding ballot measures or candidates must be neutral, factual, and nonpartisan. The Mayor, in consultation with the City Attorney and City Manager, shall review proposed forums to ensure compliance with applicable law.

10.5 Use of City-Owned Broadcasting Equipment
The City’s video, television, and live-streaming resources shall be used primarily for broadcasting City Council meetings, commission meetings, and official City communications.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 141 of 257 Section 11: COMMUNITY RELATIONS AND POLICIES
The City Council of Indio is committed to fostering strong relationships with the community, promoting civic pride, and recognizing outstanding contributions by individuals and organizations. The Mayor, as the ceremonial representative and primary spokesperson of the City, shall lead the City’s community relations efforts.

11.1 Mayor as Ceremonial Representative
The Mayor serves as the City’s official representative for ceremonial purposes, including but not limited to presiding at public events, presenting awards or proclamations, welcoming dignitaries, and issuing public statements on behalf of the Council. When the Mayor is unavailable or declines, ceremonial duties shall be offered and assigned in the following order of precedence:

1.Mayor Pro Tempore.

2.District Representative. The Council Member whose district encompasses the event location. If the event spans multiple districts or is citywide, proceed to item 3.

3.Subject-Matter Designee. A Council Member with demonstrable subject-matter expertise by virtue of current Council Committee or regional/JPA assignments most closely aligned to the event’s topic or host organization.

4.Seniority. The most senior Council Member based on total years of service on the Indio City Council.

If multiple Members meet a criterion (e.g., two Members with relevant committee/agency roles), the Mayor (or Mayor Pro Tempore) shall designate the Member, otherwise it shall default to the Member with greater Council seniority.

11.2 Honoring Residents and Organizations
The City Council may honor individuals, businesses, and organizations that have made significant contributions to the community or enhanced the City’s public image.

Recommendations for honors or recognitions may be made by Council Members, residents, or City staff and shall be subject to approval by the Mayor or the Council, depending on the nature of the recognition. Requests for City proclamations, certificates, or resolutions of support shall be submitted in writing to the Mayor for review. The Mayor shall have the authority to approve ceremonial recognitions that are consistent with established City practice. Non-routine or sensitive proclamations shall be placed on a Council agenda for approval by a majority vote.

If a Council Member submits a certificate to the Mayor, and the Mayor declines, the Council Member may issue such certificate on their own behalf. Each Council Member shall be limited to issuing no more than 20 such certificates in each year, unless subsequently approved by the Mayor.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 142 of 257

11.3 Council Member Participation in Community Activities Council Members are encouraged to engage in community events and activities to foster public engagement and civic pride. When attending events, Council Members shall clearly distinguish whether they are representing the City Council in an official capacity or participating as an individual.

11.4 Media Relations
The Mayor is the City’s primary point of contact for media inquiries regarding official City matters, working in coordination with the City Manager and appropriate staff. When the Mayor is unavailable or declines, spokesperson duties shall follow the order of precedence set forth in Section 11.1 above.

Section 12: ETHICAL DECISION-MAKING
The City Council of Indio is committed to the highest standards of ethical conduct. The Mayor, as the presiding officer and public face of the City, along with all Council Members, shall lead by example to ensure that the public's confidence in City government is preserved and strengthened through fair, impartial, and principled decision-making.

12.1 Ethical Standards
Council Members shall conduct themselves in a manner that reflects honor upon the City and their office. In all actions, Members shall (1) Prioritize the public interest above personal or political gain; (2) Promote transparency, honesty, and accountability; (2) Treat all persons with dignity, fairness, and respect; and (4) Uphold the law and the spirit of the law, avoiding even the appearance of impropriety.

12.2 Avoiding Conflicts of Interest
Council Members shall comply with all requirements of the Political Reform Act, the Brown Act, and related ethics laws regarding conflicts of interest. Members shall not participate in decisions where they have a financial interest, personal bias, or any other conflict as defined by law. Where uncertainty exists, Members are encouraged to seek advice from the City Attorney, the Fair Political Practices Commission, or other appropriate authority.

12.3 Appearance of Impropriety
Even where no legal conflict of interest exists, Council Members should consider whether their participation could create a reasonable perception of impropriety among the public. In such cases, Members are encouraged to voluntarily abstain from participation to preserve public trust.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 143 of 257

12.4 Gifts and Campaign Contributions
Council Members shall comply with all legal restrictions on accepting gifts, honoraria, and campaign contributions. Members should avoid accepting anything of value that could reasonably be perceived as influencing their official actions. Where permissible contributions are accepted, Members must remain vigilant to avoid any actual or perceived bias.

12.5 Stewardship of Public Resources
Council Members shall be mindful that all City resources — including facilities, staff time, equipment, and information — are public assets. Members shall ensure that these resources are used solely for the benefit of the public and not for personal, political, or unauthorized purposes.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 144 of 257 Section 13: EFFICIENCY AND ACCOUNTABILITY
The City Council of Indio is committed to efficient, transparent, and accountable governance.

The Council sets policy direction, monitors implementation, and holds itself and the City's administration to the highest standards of performance and responsiveness. The City Manager, under Council direction, is responsible for the day-to-day operational management of City affairs.

13.1 Role of the City Council
The Council’s primary responsibilities are to legislate, set policy, and provide oversight.

Individual Council Members shall respect the Council-Manager form of government by channeling administrative actions and inquiries appropriately and avoiding direct intervention in daily City operations.

13.2 Role of the Mayor
The Mayor shall act as the chief spokesperson of the Council’s policy direction and shall ensure that the conduct of City business remains aligned with Council goals, priorities, and the public interest. The Mayor shall coordinate with the City Manager to ensure the efficient execution of Council directives.

13.3 Role of the City Manager
The City Manager serves as the administrative head of City government, responsible for implementing Council policies, overseeing City staff, and managing daily operations. The City Manager shall report to and be accountable to the Council as a body, and shall work in coordination with the Mayor for the orderly conduct of City business.

13.4 Council Member Interaction with Staff
Council Members may directly communicate with Department Heads or higher regarding routine factual inquiries related to their departmental responsibilities. However, any directive, assignment of work, or request likely to consume significant staff resources shall be routed through the City Manager by the Department Head. The City Manager shall ensure that staff responses are timely, professional, and distributed to the full Council as appropriate.

13.5 Personnel Matters
Council Members shall not interfere with the appointment, supervision, evaluation, discipline, or removal of City staff, except in the case of the City Manager and City Attorney, who are directly

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 145 of 257 appointed and evaluated by the Council. Personnel matters must remain the responsibility of the City Manager to ensure fairness, legality, and the integrity of City administration.

13.6 Operations and Service Levels
Concerns regarding City operations, service levels, or department performance should be directed to the City Manager, either individually or through the Mayor. Council Members are encouraged to raise systemic or policy-level concerns at Council meetings to ensure transparency and collective governance.

13.7 Political Activities
Council Members shall not use City Resources, facilities, staff, or official City communications for political campaign purposes or personal political advocacy. Council Members shall refrain from soliciting political support from City employees.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 146 of 257 Section 14: INTERACTION OF MEMBERS
The effectiveness and credibility of the City Council depend upon the professionalism, civility, and mutual respect exhibited by its Members. The Mayor, as the presiding officer, has primary responsibility for maintaining order and decorum during Council meetings and for fostering a collaborative environment among Council Members.

14.1 Role of the Mayor
The Mayor shall serve as the leader of the Council, presiding over meetings, ensuring fair and orderly debate, enforcing rules of decorum, and representing the Council to the public. The Mayor shall set the tone for respectful dialogue and collegiality among all Members.

14.2 Conduct at Public Meetings
Council Members shall conduct themselves at public meetings in a manner that promotes orderly, efficient, and respectful consideration of City business. Specifically, Members shall (1) Adhere to Rosenberg’s Rules of Order, unless otherwise directed by Council action; (2) Address all comments to the Mayor or presiding officer, not to individual Members, staff, or audience members; (3) Avoid personal attacks, abusive language, or conduct that disrupts the meeting; and (4) Respect time limits and procedural rules set by the Mayor to ensure all voices are heard.

The Mayor may call Members to order, enforce rules of decorum, and take appropriate actions to maintain meeting discipline.

14.3 Relations Among Council Members
Council Members shall strive to build and maintain relationships of trust and respect with one another, even when strong policy disagreements exist. Members shall (1) Treat each other with courtesy and professionalism at all times; (2) Focus discussions on issues, not personalities; (3) Recognize and respect the legitimate viewpoints of colleagues, even when in dissent; (4) Seek opportunities for consensus while respecting the diversity of perspectives.

The Council shall conduct regular retreats, goal-setting sessions, or training workshops to foster teamwork, communication, and strategic planning.

14.4 Public Communications and Appearances
Council Members are encouraged to engage with the community, media, and regional partners.

When doing so (1) Members shall clearly distinguish between official City positions and their

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 147 of 257 personal views; (2) Members shall faithfully represent Council-adopted policies when speaking in an official capacity; (3) Members may express dissenting opinions but shall do so with professionalism and without undermining the Council’s collective authority; (4) Members shall use their official title only in contexts related to City business or when necessary to establish relevant expertise or background. Public communications should reinforce the Council’s commitment to transparency, civility, and service to the community.

Section 15: ENFORCEMENT
The City Council of Indio is committed to upholding the standards of conduct, ethical decision- making, and governance protocols set forth in these Protocols. Enforcement of these standards is essential to maintaining public trust and the effective functioning of the City’s elected leadership.

The Mayor, as presiding officer, shall take the lead role in promoting adherence, but ultimate enforcement authority rests with the full Council acting as a body.

15.1 Member Responsibility
Each Council Member is individually responsible for understanding, upholding, and adhering to these Protocols. Upon adoption of these Protocols, and upon assuming office thereafter, each Member shall affirm in writing that they have read, understand, and commit to abide by them.

15.2 Council Authority
The City Council, acting as a whole, retains exclusive authority to monitor and enforce adherence to these Protocols among its Members. Only the Council may initiate corrective action for a breach of these Protocols, based on the procedures outlined herein.

15.3 Enforcement Options
The Council may enforce these Protocols using the following progressive actions, depending on the severity, frequency, and nature of the violation (1) Warning: An informal, verbal reminder issued by the Mayor, the Mayor Pro Tempore, or by the Council collectively; (2) Written Reprimand: A formal written statement adopted by a majority of the Council identifying the violation and requesting corrective action; (3) Censure: A formal resolution adopted by a majority of the Council publicly condemning a Member’s conduct and, if warranted, removing the Member from ceremonial positions, Council Committees, or external appointments; and (4) Other Sanctions: Where authorized by law or Council policy, additional actions may be taken to address misconduct, provided they do not infringe upon the Member’s elective office or legal rights.

The Council may not remove a duly elected Member from office for violation of these Protocols; removal may only occur through procedures authorized by state law, such as recall, judicial action, or criminal proceedings where applicable.

15.4 Procedure for Enforcement

15.4.1 Initiating a Complaint

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 148 of 257 Any Council Member, City official, or resident may submit a written complaint to the City Clerk alleging a material violation of these Protocols. The City Clerk shall forward the complaint to the Mayor, City Manager, and City Attorney for preliminary review. If the complaint is against the Mayor, then the City Clerk shall forward the complaint to the Mayor Pro Tempore.

15.4.2 Preliminary Review
The City Attorney, in consultation with the Mayor and City Manager, shall determine whether the complaint alleges substantial evidence of a material violation. If no substantial evidence exists, the matter shall be dismissed without further action.

15.4.3 Investigation and Report
If substantial evidence is found, the Mayor shall cause an independent and limited investigation to occur, either by referring the matter to the City Manager or City Attorney, or to an outside investigator appointed by the City Council to be confirmed by a written report to the full Council.

15.4.4 Council Action
Upon receipt of the investigation report, the Council shall consider the matter at a properly noticed public meeting. The Member accused shall have the opportunity to respond in writing and/or orally at the meeting. The Council shall then decide by majority vote whether to dismiss the complaint, issue a warning, issue a written reprimand, or adopt a censure resolution.

15.4.5 Rebuttal Statement
Any Member subject to a reprimand or censure may submit a rebuttal statement for inclusion in the official record.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 149 of 257 Section 16: FAILURE TO OBSERVE COUNCIL PROTOCOLS
These Protocols are adopted by the City Council of Indio to promote fairness, transparency, ethical conduct, efficiency, and decorum in the governance of City affairs. They are intended to guide the actions and interactions of Council Members, not to create legal obligations or private rights of enforcement.

16.1 Purpose of the Protocols
The Protocols are procedural in nature and are designed to assist the City Council in conducting its business in an orderly, respectful, and lawful manner. Adherence to these Protocols fosters public confidence and supports effective local government.

16.2 Effect of Non-Compliance
A failure to strictly observe these Protocols shall not affect the validity of any action taken by the City Council at a meeting otherwise held in conformity with applicable laws. Substantial compliance with these Protocols is expected; however, technical or isolated lapses shall not invalidate Council proceedings.

16.3 No Private Right of Action
These Protocols are adopted solely for the internal governance of the City Council. Nothing in these Protocols shall be construed to create a private right of action against the City, the Council, individual Members, or City staff. Enforcement of the Protocols rests exclusively with the City Council in its sound discretion.

16.4 Council Discretion
The City Council retains full discretion to interpret, apply, waive, or modify the Protocols as circumstances may require, provided that any such action is consistent with applicable law and taken at a properly noticed public meeting.

Resolution No. 10528 of the City Council of the City of Indio, Californi... Page 150 of 257 City of Indio
City Council
November 19, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: Write-Off of Unrecoverable Accounts Receivables as of June 30, 2025, in the amount of $126,167.61, pursuant to Administrative Policy No. IWA-750-01- 004-12

RECOMMENDATION:

That the City Council/Indio Water Authority (IWA) Board approve the accounts receivable write-offs in the amount of $126,167.61, and direct staff to adjust the accounts accordingly as outlined in the Financial Summary section.

SUMMARY:

On June 19, 2012, the IWA Board of Directors adopted Write-Off Policy No. IWA-750-01- 004-12 establishing a process for writing off unrecoverable accounts following authorized and diligent collection efforts. The prior approved write-off covered accounts through March 31, 2022. At this time, staff recommends approval of write-off totaling $126,167.61 that includes 614 inactive or uncollectible accounts identified between April 1, 2022, and June 30, 2025.

BACKGROUND INFORMATION:

Under IWA Write-Off Policy No. IWA-750-01-004-12, a receivable is considered unrecoverable and eligible for write-off when a debtor has declared bankruptcy or after all authorized and diligent collection efforts have been exhausted. The full criteria are detailed in Attachment B. Per the policy, write-offs exceeding $25,000 require City Council/IWA Board approval.

Group Number Total
Write-Offs under $25.00 76 Accounts $ 844.93 Write-Offs over $25.00 545 Accounts $ 126,291.35
TOTAL 621 $ 127,136.28

The proposed write-off of $127,136.28 includes 621 inactive or uncollectible accounts identified between April 1, 2022, and June 30, 2025, following the last approved write-off which covered accounts through March 31, 2022. This amount represents an average monthly revenue impact of approximately $3,260 over this 39-month period. The write-off total accounts for less than one percent of the total revenue during this timeframe, falling within reasonable thresholds based on the Percentage of Sales Method, which typically considers 0.5% to 2% of total revenue acceptable for write-offs.

AGENDA ITEM #10.9
Write-Off of Unrecoverable Accounts Receivables as of June 30, 2025, in ... Page 151 of 257 On April 18, 2024, IWA received $146,021.24 from the State Water Resources Control Board through the California Extended Water and Wastewater Arrearage Payment Program. These funds were applied to 575 customer accounts with past-due balances accrued between the COVID-19 relief period of June 6, 2021, and December 31, 2022, substantially lowering the number of accounts eligible for write-off this year.

Accounts recommended for write-off fall into two groups. The first includes balances under $25.00, which have been inactive for more than one year and subject to internal collection efforts. The second includes balances over $25.00, which have undergone extended collection efforts by both IWA and Sequoia Financial Services, IWA’s third-party collection agency. These accounts have received multiple notices over at least two years and have also been reported to national credit bureaus.

Based on this analysis, staff determined these accounts meet the policy criteria for write-off. Staff recommend that the City Council / IWA Board approve accounts receivable write-offs totaling $127,136.28.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Organizational
Excellence
Source of funds: N/A Fund-Org-Object
Reference:

N/A

ALTERNATIVES:

Decline to approve the presented write-offs, in whole or in part.

ATTACHMENTS:

Attachment 1 - Resolution No. 2012-60
Attachment 2 - Accounts Receivable Write-off Policy
Attachment 3 - Write-off's Under $25
Attachment 4 - Write-off's Over $25

APPROVAL(S):

Jonathan Nicks, Assistant City Manager Approved - 10 Nov 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Nov 2025 Ruby D. Walla, Director of Finance Approved - 13 Nov 2025 Bryan H. Montgomery, City Manager Approved - 13 Nov 2025

Write-Off of Unrecoverable Accounts Receivables as of June 30, 2025, in ... Page 152 of 257 RESOLUTIONNO.2012-60RESOLUTIONOFTHEINDIOW ATERAUTHORITY ,OFTHECITYOFINDIO,WRITEOFFOFUNCOLLECTIBLERECEIV ABLESWHEREAS,theAuthorityBoardischargedwiththeoversightofAuthorityWaterfunds;andWHEREAS,Authoritystaffreviewednumerouspoliciesadoptedbyothergovernmentagencies;and ’ WHEREAS,implementationofthispolicywillprovidestaffwithguidanceonprudent?scalmanagementoftheAuthority’sresources;andWHEREAS,theAuthority’sindependentAuditorreviewedandmaderecommendationsregardingthepolicy'slanguage;andWHEREAS,AuthoritystaffimplementedthechangesrecommendedbytheAuthority’sindependentAuditor.NOW,THEREFORE,BEITFURTHERRESOLVEDbytheBoardoftheIndioWaterAuthorityasfollows:Section1.TheBoardherebyapprovesAdministrativePolicyNo.lW A-750—Ol-004-12,“AccountsReceivableWrite-offPolicy”(“Policy”),setforthinExhibitA,attachedheretoandincorporatedhereinbythisreference.Section2.TheAuthority’sGeneralManagerandManagerofFinanceshallimplementthePolicy.Section3.Thisresolutionshalltakeeffectimmediatelyuponadoption.PASSED,APROVEDANDADOPTEDthis19thdayofJune,2012bythefollowingvote:AYES:Holmes,Torres,RamosWatson,Wilson,lief , ,GLENNER,PRESIDENTATTEST:
c??THIAHERNANDEZ,CMCSECRETARY

Write-Off of Unrecoverable Accounts Receivables as of June 30, 2025, in ... Page 153 of 257 gTad;0WatgimmchrWaterOurResgoasihi?it)!

Write-Off of Unrecoverable Accounts Receivables as of June 30, 2025, in ... Page 154 of 257 Provisions:Accountsreceivabledeterminedunrecoverable,andafteranallowanceiscreatedon H _-_‘ W. -___-, a-.- w... -..--w". w,-..--.-..-.....V .....z,Circumstances:lnabilitytolocatedebtorCostoffurtherrecoveryactionswillexceedestimatedrecoveryamounts ,DebtorhasdeclaredabankruptcyCourtjudgmentsAccountsreceivableareunder$25.00anddelinquentorinactiveforoveroneIv“- AccountsreceivableovertwoyearsoldthathavebeenbilledregularlyandsubjectedtoadiligentcollectioneffortAccountsreceivablereturnedbyacollectionagencyasuncollectible(iftheAuthoritychoosestouseanagency),andforwhichnoothercollectionremedyispossibleorprudentAccountsreceivableofdeceasedpersonProjectcostoverruns-unallowableoruncollectiblecosts(‘lthnrnnnqirlnranlnacn-h\1_nacnvulvuluuuvnvLUUVUVIIOIMVIVUVIIaUGGG‘UY’UQDUUGOIO,UGOUUUllGUUILUIrecommendationAuthorityLevelsofwrite-offLevelsofwrite—offaredeterminedbythelndioWaterAuthorityBoardandGeneralManagerandmaybeamendedfromtimetotime.Currentwrite-offauthorityisasfollows:(Subjecttoandaftercollectionefforts)AmounttobewrittenoffUpto$25,000InMultipleAccounts>$25,000withIW ABoardapprovalManagerofFinanceUpto$5,000 AutherizedStaffGeneralManager
U
Remindersorcollectionlettersaremailedforallpastdueaccountsreceivable.L3astdueaccountsaredefinedas30days,60days,90daysandover120daysde?nquentCoordinationbetweenBillingandAccountingonpastdueinvoices.Phonecallsmadedirectlyorbythirdpartycollectionagencytothecustomerrequestingpayment.nmmgalnnnmnriatpuwv nluvum willmvv'vlllw“IlvlllIvvu?VVMIIVVI’llMVP.Vf-IIIM‘V-«SendingRegalnoticestocustomer

Write-Off of Unrecoverable Accounts Receivables as of June 30, 2025, in ... Page 155 of 257 .Placingalienonproperty,ifappropriate..Documentationofallcollectionefforts v.7, V- _-V ._ v...‘v' wv -—- I—vw'll vu....-----wu-.v-vtheamountsfrom"theAuthority’sgeneralledgerviajournalentrywithproperdocumentationasbackup.DenialofRequestsAccountsreceivablewrite-offrequestsmaybedeniedbasedonthecriteriabelow.Iftherequestisdenied,itwillbereturnedtotherequestingdivisionanditwillbecometheresponsibilityoftherequestingdepartmenttomakethenecessarycorrectiveactions.CriteriaforDenialofRequests:1)Insufficientcollectioneffortshavebeenmadeordemonstrated2)Lackofproperapproval3)KnowledgethatthedebtwillbecollectedinthefutureCollectionandBillingServicesResponsibilityCollectionandBillingServicesisresponsiblefortrackingaccountsreceivableandbringingpotentialwrite—offstoManagementandThirdpartycollectionagencyinatimelymannerwithproperaccompanyingdocumentation.Closedaccountswithoutstandingbalanceswillbesenttocollectionagency30daysaftertheaccountisclosedEmployeeResponsibilityEmployeeisresponsibleforbringingpotentialwrite—offstoManagementonaquarterly “an“-.. ---A..._...........uasrsWllllplUpBlaccompanyingUUCUHIBHIBIIOH.ManagementResponsibilityManagementisresponsibleforenforcingtheAuthority’swrite—offproceduresandapprovingordenyingwrite~offs.Managementisresponsibleforusingwrite—offrequestformforapprovalsordenialsofrequests.Approvedby:GeneralManagerAuthor/owner:ManagerofFinanceandCustomerServiceRevisionfrequency:Every3years

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Indio Water Authority Board
November 19, 2025

STAFF REPORT

To: Indio Water Authority Board
From: Bryan Montgomery, Executive Director
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: Approval of DIF and SWSF Deferral Agreement with Indio Avenue 44 Pacific Associates, of amount total a for Apartments the Ave for CLP a 44 $239,947.75

RECOMMENDATION:

Staff recommends that the Indio Water Authority Board approve a Development Impact Fee (DIF) and Supplemental Water Supply Fee (SWSF) Deferral Agreement with Indio Avenue 44 Pacific Associates, a CLP (California Limited Partner) for the Ave. 44 Apartments for a total amount of $239,947.75 and provide authorization for the Indio Water Authority Board President to execute and the Secretary to attest the Deferral Agreement.

SUMMARY:

On January 17, 2024, the Indio Water Authority Board adopted Resolution No. 10413. The resolution adopted the DIF and SWSF Deferral Program (Deferral Program) for commercial, industrial, and multi-family residential development. Indio Avenue 44 Pacific Associates, a CLP, submitted a Deferral Program application for a total amount of $239,947.75 for the Ave. 44 Apartments. The Ave. 44 Apartments is an 180-unit multifamily development that will be located at 83850 Avenue 44, Indio CA 92201.

BACKGROUND INFORMATION:

The IWA Development Impact Fee and Supplemental Water Supply Fee Deferral Program (Deferral Program) for the City of Indio aims to spur economic growth and job creation by deferring development impact fees for commercial, industrial, and multi-family housing projects. Indio Avenue 44 Pacific Associates, a CLP, submitted a Deferral Program application for the Avenue 44 Apartments. The total DIF amount is equivalent to $200,172.00 and the total SWSF is equivalent to $39,775.75 for a grand total amount of $239,947.75. The Avenue 44 Apartments is an 180-unit multifamily development that will be located at 83850 Avenue 44, Indio CA 92201. The DIF’s water developments will include (9) 2” Domestic water meters, (1) 1” Irrigation water meter. The SWSF is for 5.95 Ac. of developed space.

According to Resolution No. 10413, housing unit projects must have a minimum of 14 units per acre to be eligible for the Deferral Program. The Avenue 44 Apartments will be an 180-unit multifamily development within 5.95 acre and therefore qualifies for the Deferral Program.

FINANCIAL SUMMARY:

AGENDA ITEM #10.10
Approval of DIF and SWSF Deferral Agreement with Indio Avenue 44 Pacific... Page 169 of 257 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: Public Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

Additional Financial Details:

There is no direct impact on the budget as approval for the Deferral Agreement with Indio Avenue 44 Pacific Associates, a CLP, will only defer payment of impact fees for 3 years after the certificate of occupancy is issued and does not waive fees.

ALTERNATIVES:

1. Request for additional Information

2. Reject the Deferral Agreement Application

ATTACHMENTS:

Attachment 1 Deferral Agreement - Indio Avenue 44 Pacific Associates Attachment 2 Exhibit Map

APPROVAL(S):

Jonathan Nicks, Assistant City Manager Approved - 10 Nov 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Nov 2025 Ruby D. Walla, Director of Finance Approved - 13 Nov 2025 Bryan H. Montgomery, City Manager Approved - 13 Nov 2025

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City Council
November 19, 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 Polo Estates Ventures, LLC, Tract Map No. 33004-4 (The Polo Club), generally located on the northwest corner of Avenue 52 and Jackson Street

RECOMMENDATION:

Staff recommend that the City Council accept the street and survey monument improvements and authorize release of the surety for Polo Estates Ventures, LLC, Tract Map No. 33004-4 (The Polo Club), generally located on the northwest corner of Avenue 52 and Jackson Street.

SUMMARY:

The Polo Club, Tract Map No. 33004-4, is a residential subdivision generally located on the northwest corner of Avenue 52 and Jackson Street. Polo Estates Ventures, 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:

Polo Estates Ventures, LLC, has completed the street and survey monument improvements at The Polo Club for Tract Map No. 33004-4. The following improvements, in part, were required as conditions of the approved Tentative Tract Map No. 33004:

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. 33004-4.

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 #10.11
Accept the street and survey monument improvements and authorize release... Page 181 of 257 Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public 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):

Juan Raya, City Engineer Approved - 10 Nov 2025
Timothy Wassil, Public Works Director Approved - 10 Nov 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Nov 2025 Ruby D. Walla, Director of Finance Approved - 13 Nov 2025 Bryan H. Montgomery, City Manager Approved - 13 Nov 2025

Accept the street and survey monument improvements and authorize release... Page 182 of 257 $77$&+0(17
9,&,1,7<0$3

Accept the street and survey monument improvements and authorize release... Page 183 of 257

Accept the street and survey monument improvements and authorize release... Page 184 of 257 City of Indio
City Council
November 19, 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. 31601 (Lido at Terra Lago), generally located east of Golf Center Parkway and north of Avenue 44

RECOMMENDATION:

Staff recommends that the City Council accept the street and survey monument improvements and authorize release of the surety for Lennar Homes of California, LLC, Tract Map No. 31601 (Lido at Terra Lago), generally located east of Golf Center Parkway and north of Avenue 44.

SUMMARY:

Lido at Terra Lago, Tract Map No. 31601, is a residential subdivision generally located east of Golf Center Parkway and north of Avenue 44. 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. 31601. The following improvements, in part, were required as conditions of the approved Tentative Tract Map No. 31601:

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. 31601.

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 #10.12
Accept the street and survey monument improvements and authorize release... Page 185 of 257 Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public 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):

Juan Raya, City Engineer Approved - 10 Nov 2025
Timothy Wassil, Public Works Director Approved - 10 Nov 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Nov 2025 Ruby D. Walla, Director of Finance Approved - 13 Nov 2025 Bryan H. Montgomery, City Manager Approved - 13 Nov 2025

Accept the street and survey monument improvements and authorize release... Page 186 of 257 $77$&+0(17
9,&,1,7<0$3

Accept the street and survey monument improvements and authorize release... Page 187 of 257

Accept the street and survey monument improvements and authorize release... Page 188 of 257 City of Indio
City Council
November 19, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two retaining walls for the Avenue 44 Bridge Project, City Project No. BR1101, Federal Aid No, BRLKS-5275(024), in the amount of $286,501.37

RECOMMENDATION:

Staff recommends that the City Council approve Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two retaining walls in the amount of $286,501.37 for the Avenue 44 Bridge Project, City Project No. BR1101, Federal Aid No, BRLKS-5275(024).

SUMMARY:

Contract Change Order No. 10 requests approval of $286,501.37 to compensate Ortiz Enterprises, Inc. for added costs related to the addition of two retaining walls along Avenue 44. The elevation of the road starts to rise as the roadway approaches the new bridge from the west. The project plans did not show the extent of grading that would be required beyond the construction of the new sidewalk on the north and south sides of the roadway. It was determined that this grading would extend into private property to match the existing grade if a retaining wall was not constructed on each side. No time extension is needed, and the cost is federally participating and covered by construction contingency funds.

BACKGROUND INFORMATION:

On August 17, 2024, the City Council approved a construction contract with Ortiz Enterprises, Inc. (“Contractor”), of contingency construction 10% a of $28,894,389.80 amount the in and $2,889,438.98 allowing for unexpected costs for the project.

In January 2025, the Contractor requested information related to the grading that would be necessary outside of the City’s right-of-way along Avenue 44 west of the new bridge. As indicated by the Project Plans, the existing City right-of-way is 42 feet from the centerline of the roadway on either side. The proposed improvements place the back of the new sidewalk at 38.5 feet from the centerline of the roadway leaving 3.5 feet to match the existing grade outside of the new improvements. As indicated by the plans, the grading would include a 1-foot bench behind the sidewalk and a 4:1 slope to match the existing grade. Based on the available right of way, any elevation increases above 8-inches would necessitate additional right of way for the slope to match existing grade. As the roadway approaches the bridge from the west, the roadway elevation raises as much as 3 feet in this area.

AGENDA ITEM #10.13
Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 189 of 257 This issue was discussed with the project designer who provided several alternatives including a Type B Gravity Wall under the outside edge of the sidewalk. In February 2025, the City reviewed this detail in the field with the Contractor and discovered that the existing property wall along the frontage of the Mountain View Garden Apartments is in disrepair and would need to be stabilized in order to construct the proposed Type B Gravity Wall. Staff discussed this internally with the Contractor and determined that the best approach would be to replace the existing block property wall along the Mountain View Garden Apartments with a nicer retaining wall than the Type B Gravity Wall and replace the fencing along the top of the wall.

The project designer provided additional design details for a Keystone Wall, which would retaining up to 4-foot soil, and new ornamental fence that would be placed behind the new sidewalk in replacement of the existing block wall. The draft plans were presented to the Mountain View Garden Apartments for their review and acceptance, which was received in April 2025.

Though the Keystone Wall would be proposed on the north side of Avenue 44, the City evaluated the cost difference of installing the Type B Gravity Wall on the south side of the road. Based on the estimates provided by the Contractor, the Keystone Wall is the most cost effective solution for the grading issues on both sides of the road.

Final plans were signed and provided to the Contractor on October 24, 2025. The Contractor provided a final estimate of $286,501.37 for the construction of the Keystone Wall on the north and south sides of Avenue 44. The City has reviewed the cost estimate and agrees that it is reasonable for the demolition of the existing wall, grading, construction of the Keystone Wall, and replacement of the ornamental fence. A copy of Change Order No. 10 is included as Attachment 1, and a summary of all change orders to date is included as Attachment 2.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$286,501.37 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: CIP Improvements Funds Fund-Org-Object Reference:
300-523006

Additional Financial Details:

The original construction contingency for this project was $2,889,438.98. Prior to this change order, $1,481,422.50 had been utilized. With the approval of Change Order No. 10, an additional $286,501.37 will be allocated, leaving a remaining balance of $1,121,515.11. This change order is eligible for federal reimbursement.

ATTACHMENTS:

Attachment 1 - Ortiz Enterprises, Inc. - CCO 10
Attachment 2 - Summary of Contract Change Orders

APPROVAL(S):

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 190 of 257

Juan Raya, City Engineer Approved - 10 Nov 2025
Timothy Wassil, Public Works Director Approved - 10 Nov 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Nov 2025 Ruby D. Walla, Director of Finance Approved - 13 Nov 2025 Bryan H. Montgomery, City Manager Approved - 13 Nov 2025

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 191 of 257 ATTACHMENT 1
ORTIZ ENTERPRISES, INC.

CONTRACT CHANGE ORDER 10

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 192 of 257 100 Civic Center Mall, Indio, CA 92201
@cityofindio 760-391-4000 Indio.org

CITY OF INDIO

PUBLIC WORKS DEPARTMENT
PROJECT: Avenue 44 Bridge at the Coachella Valley Storm Water Channel Project
CONTRACTOR: Ortiz Enterprises Inc.

CHANGE PROPOSED: Per Section 2-7 “Changes Initiated by Agency” of the General Provisions for City Project No. BR1101, the City of Indio is increasing portions of the work to be performed by the Contractor, the following Items will be added:

Retaining Walls per revised plan sheets X-01 (Sheet 4 of 97), G-01 (Sheet 51 of 97), and RW-01 (Sheet 53A of 97).

In accordance with 2-6 “Changes Requested By the Contractor” and Section 2-7 “Changes Initiated By the Agency” of the Contract General Provisions and the 2021 Edition of the Standard Specification for Public Works, the City of Indio agrees that Contractor shall be compensated for the additional retaining wall construction.

Lump Sum Amount Retaining Wall – Agreed Price
Description of Change:

This change order provides compensation in a Lump Sum Amount of $ 286,501.37 to the Contractor for additional retaining walls construction within the project limits.

The contractor agrees to accept the sum of $286,501.37 as a final Compensation for all construction, including clear grub, demolition of existing sound wall, removals, installation of new retaining walls, backfill, metal railing and any other related items as shown on plan sheet RW-01.

Payment at Agreed Lump Sum = $286,501.37
Total Change Order = $286,501.37
Time Consideration:

The above-described work does not affect the project schedule.

Change in Contract Time: 0 Working Days.

CHANGE ORDER # 09
Agreed CCO # 010 Price $286,501.37
City Project No.: BR1101
Federal Project No.: BRLKS-5275(024)
Date: 10/24/2025
Contract Change Order No.: 010

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 193 of 257

CA 92201
Original Contract Amount $28,894,389.80
Previously Approved CCO’s $1,4 81 ,422. 50
Total Revised Contract Amount: $30, 662 ,313.67
$30, 662 ,313 .67

Date of Notice to Proceed w/
Construction

11/0 4/2024
No. of Contract Working Days 380
Scheduled Completion Date 5/19 /26
Previously Approved Added Working
Days
0 Added Working Days CCO # 010 0
Total Revised No. Working Days 380
Revised Scheduled Completion Date 5/18 /26

END OF CONTRACT CHANGE ORDER # 10 – SIGNATURE PAGE FOLLOWS

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 194 of 257

CA 92201
Prepared by Project
Resident Engineer:

10/24/2025
Vijay Desai, P.E. Date

Reviewed by Project
Manager:

Donn Uyeno, P.E. Date

Reviewed by Public Works
Director:

Timothy T. Wassil, P.E. Date

Approved by Contractor:

Michael Delaney
Date

Approved by City Manager:

Bryan H. Montgomery Date

Doug Dawson
10/29/25

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 195 of 257 ATTACHMENT 2

SUMMARY OF CONTRACT CHANGE ORDERS

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 196 of 257

Summary of Contract Change Orders No. 1 – 9
Avenue 44 Bridge
City Project No. BR1101, Federal Aid No. BRLKS-5275(024)

Change Order No. 1-9 with Ortiz Enterprises Inc. representing a net increase of $1,466,422.50, for added costs for the subject project. A summary of each is as follows:

Change Order No. 1: This change order updates the contract specifications to include provisions for progress payments on materials stored on -site and modifies the mobilization payment structure to allow partial reimbursement based on project milestones. The intent is to clarify administrative procedures and ensure the contractor is fairly compensated for initial mobilization costs without affecting the overall project cost or schedule. Total Cost: $0 Change Order No . 2: This change order compensates the contractor for unanticipated drainage modifications required to address unmarked utility conflicts discovered during installation. Adjustments were made at three drainage system locations using a force account basis to avoid delays. Total Cost: $18,000.00 (Not to Exceed)
Change Order No . 2.1: This change order compensates the contractor for additional drainage modifications required to address unmarked utility conflicts discovered during installation. This a djustment was made at one drainage system location using a force account basis to avoid delays. Total Cost: $15,000.00 (Not to Exceed)
Change Order No. 3: This change order addresses excavation and removal of unforeseen buried materials, including abandoned asphalt pavement and asbestos pipe, discovered during roadway excavation. The extra work ensures the area is clear and safe for continued construction. Total Cost: $35,000.00 (Not to Exceed)
Change Order No. 4: This change order compensates the contractor for accelerating the placement of cast -in-place concrete piles (CIDH) at designated locations. The additional cost covers the differential for performing work outside normal hours to expedite pile installation. Time impact is deferred and will be resolved later. Total Cost: $50,000.00 (Not to Exceed) Change Order No. 4.1: This change order was approved to extend the scope of work for the contract acceleration. The full scope of the accelerated work includes the placement of cast -in-place concrete piles (CIDH) at designated locations, as well as work on the grade control structure and slope paving. No additional cost was necessary for this change. Total Cost: $0.00

100 Civic Center Mall, Indio, CA 92201
760-391-4000
Indio.org
@cityofindio

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 197 of 257 Change Order No. 5: This change order accounts for increased quantities in several contract bid items including structure excavation, backfill, concrete, reinforcing steel, and minor concrete drainage inlets, based on revised field conditions and approved RFIs. The unit prices remain as bid, and this adjustment ensures accurate compensation for actual quantities installed.

Total Cost: $27,167.50
Change Order No. 6: This change order provides payment for apprenticeship training hours as part of the Federal Training Program requirement under the contract. The City reimburses the contractor $0.80 per hour for 9,120 approved apprentice hours to support on-the-job training efforts for developing journeyman-level trade skills. Total Cost: $7,296.00 Change Order No. 7 : This change order compensates the contractor for delays to controlling activities caused by environmental mitigation and permitting, specifically the relocation of burrowing owls identified within the project limits. The delay, which occurred between the issuance of the first and second Notices to Proceed, is resolved through a lump sum payment that fully settles any claims related to time -related overhead costs. Total Cost: $160,000.00
Change Order No. 8: This change order covers additional environmental mitigation work, specifically the installation of rice straw bales at an easterly slope area due to newly discovered burrows. The added work is necessary to meet environmental stewardship requirements and was performed on a force account basis. Total Cost:
$5,000.00 (Not to Exceed)
Change Order No. 9: This change order compensates the contractor for slope paving delays and cost impacts due to environmental restrictions, late utility work, and revised slope design. Because slope paving is now scheduled after portions of the bridge are already constructed, larger equipment can no longer be used beneath the structure. The contractor must use smaller, less efficient equipment and perform additional excavation and concrete work, resulting in higher costs. The change includes a lump sum settlement and quantity adjustments. Total Cost:
$1,163,959.00
Change Order No. 10: This change order compensates the contractor for the addition of two retaining walls along the north and south sides of Avenue 44 west of bridge. The added work is necessary due to grade differences between the new roadway and the adjacent private property. The change includes a lump sum agreed price. Total Cost: $286,501.37

The total cost for all change orders is $1,767,923.87, reflecting a 6.1% increase in the total cost of the project.

Change Order No. 10 with Ortiz Enterprises, Inc. for the addition of two... Page 198 of 257 City of Indio
City Council
November 19, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Subject: Approval of Grizzly Drones for 1000-Drone Light Show for Independence Day Bash 2026 in the not-to-exceed amount of $105,000

RECOMMENDATION:

Staff recommends that the City Council authorize that the City Manager negotiate and execute an agreement with Grizzly Drones to provide a 1,000-drone light show for the 2026 Independence Day Bash (America's 250th Celebration) for $105,000, which includes the California City discount.

SUMMARY:

The 1,000-drone package is proposed at $125,000, with a $20,000 California City discount, resulting in a final cost of $105,000. This expanded format directly responds to community feedback requesting a longer show and will significantly elevate the visual spectacle and sense of community pride associated with the City’s Independence Day celebration. Staff proposes splitting the 1,000- drone performance into two consecutive segments, allowing for two 11–12-minute shows and a total performance length of approximately 22–24 minutes. The segments will feature a seamless transition to maintain audience engagement throughout the extended presentation. The expanded show will also include enhanced programming elements, such as new animations, patriotic imagery, and synchronized music in celebration of America’s 250th Anniversary.

BACKGROUND INFORMATION:

Grizzly Drones has successfully provided drone show services for the City on three occasions, including a community drone show valued at $30,000, which they provided at no cost for the unveiling of Center Stage during the local Sonido’s event on April 17, 2024.

The 2024 Block Party was held in downtown Indio at Center Stage and later transitioned to the Empire Polo Fields in 2025 for the rebranded Independence Day Bash, which featured a 10-minute, 30-second drone light show utilizing 500 drones, produced by Grizzly Drones. The show was an overwhelming Many visitors. and residents from highly positive receiving success, feedback attendees praised the creativity and visual impact of the display, while also expressing a desire for a longer performance.

In preparation for America’s 250th Celebration in 2026, staff has explored options to further enhance the community’s experience and commemorate this historic milestone with an expanded, more impactful drone show.

AGENDA ITEM #10.14
Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da... Page 199 of 257 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$105,000 In current year budget: Yes
Current FY General
Fund Impact:

Budget adjustment: N/A
Next FY Financial
Impact:
$105,000 Strategic Objective: Community Well-being
Source of funds: Fund-Org-Object
Reference:
1011174-521079

ATTACHMENTS:

Attachment 1 - Grizzly Drones Proposal

APPROVAL(S):

Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 12 Nov 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Nov 2025 Ruby D. Walla, Director of Finance Approved - 13 Nov 2025 Bryan H. Montgomery, City Manager Approved - 13 Nov 2025

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da... Page 200 of 257 © Grizzly Entertainment 2025. All rights reserved.

Proposal for the City of Indio

GRIZZLY DRONE LIGHT SHOWS
City of Indio
Ms. Vanessa Castillo
Indio, CA
173GRZ2025
July 17th, 2025
Themis Violaris, CEO
Company Name:

Attn:

City/Country:

Ref. No.:

Date:

Prepared & Singed by:

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Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 201 of 257 © Grizzly Entertainment 2025. All rights reserved.

What we offer

SPECTACULAR
Creativity, Innovation, and
state-of-the-art technology
create a one-of-a-kind
experience.

EXPERIENTIAL
Engage with the audience
for a different channel of
communication and
experience

ENVIRONMENTALLY

FRIENDLY
Electrically powered
No emission
No noise

STORYTELLING
Let your audience
experience your story with
an unforgettable and
unique way

ARCHITECTING
Sky is the limit on creating
your story or message with
colorful logos, text, shapes
and 3D designs

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 202 of 257 © Grizzly Entertainment 2025. All rights reserved.

Ideas
Ideas and visions can get real in the night sky with the help of our professional team of designers.

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 203 of 257 © Grizzly Entertainment 2025. All rights reserved.

Previous Projects
With over 200 breathtaking drone shows, we can create unforgettable experiences tailored to your vision.

View more projects
View more projects

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 204 of 257 © Grizzly Entertainment 2025. All rights reserved.

The journey of creating a drone light show
entails steps that require both parties to
work together for the best results.

Time frame

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 205 of 257 © Grizzly Entertainment 2025. All rights reserved.

Important factors

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 206 of 257 © Grizzly Entertainment 2025. All rights reserved.

Drone number comparison
Ideas and visions can get real in the night sky with the help of our professional team of designers.

SPECTACULAR EXTRAORDINARY UNFORGETTABLE
Up To 100 Drones Up To 300 Drones Up To 600 Drones

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 207 of 257 © Grizzly Entertainment 2025. All rights reserved.

Bigger in the sky

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 208 of 257 © Grizzly Entertainment 2025. All rights reserved.

Terms & Conditions
Our pricing includes custom programming and animation, drones, and insurance.

Local permits and licenses are managed/handled with the assistance of the customer.

VAT or Sales Taxes are not included on the above prices.

Payment Terms for Shows - 1st Payment - 50% on Contract Signing, 2nd Payment - 50% three days before the Show Other Important Points
Integration with other external systems, (Lights, Sounds, etc.), has to be communicated, agreed and tested prior the official Show.

A separate Sales Agreement will be signed Between Grizzly & Customer.

Drone Show Charges
July 4th, 2026 – America250
Package Unit Price Number of Shows California City Discount Amount Up to 500 Drones $ 75,000 1 - $ 15,000 $ 60,000.00
Up to 750 Drones $ 95,000 1 - $ 15,000 $ 80,000.00
Up to 1000 Drones $ 125,000 1 - $ 20,000 $ 105,000.00

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 209 of 257 © Grizzly Entertainment 2025. All rights reserved.

Design Examples

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 210 of 257 © Grizzly Entertainment 2025. All rights reserved.

Clearance to fly status
Empire Polo Club, Indio, CA

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 211 of 257 © Grizzly Entertainment 2025. All rights reserved.

Insurance – Waiver/License

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 212 of 257 © Grizzly Entertainment 2025. All rights reserved.

Grizzly Entertainment LLC
8101 Orion Avenue, Suite 9
Van Nuys, CA 91406
+1 929-428-0773
Grizzly Entertainment Cyprus LTD
62 Vasileos Constantinou Street
Limassol 3076, Cyprus
+357 25 870001
Grizzly Entertainment Hellas
1 Fragon St, Thessaloniki, 54626, Greece
+357 99 543166
[email protected]
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© Grizzly Entertainment 2025. All rights reserved.

Approval of Grizzly Drones for 1000-Drone Light Show for Independence Da...Page 213 of 257 City of Indio
City Council
November 19, 2025

STAFF REPORT

To: City Council
From: Steven Graham Pacifico, City Attorney
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Introduction of Ordinance No. 1827, amending Title 3 (Administration) Chapter 1 (City Council) Division 3 (Meetings) Section 1.30 (Regular Meetings) of the Indio Municipal Code

RECOMMENDATION:

It is recommended that the City Council introduce for first reading, read by title only, and waive further reading of Ordinance No. 1827 amending Indio Municipal Code Section 1.30 (Regular Meetings) to designate the City Council Chambers at 100 Civic Center Drive as the regular meeting location of the City Council, and direct staff to place the ordinance on the consent calendar of the next regular meeting for second reading and adoption.

SUMMARY:

The City of Indio recently completed construction of its new City Hall facility and relocated City administrative operations to the new building at 100 Civic Center Drive. Regular meetings of the City Council are now held in the Council Chambers located within the new City Hall. The Indio Municipal Code currently identifies the location of regular City Council meetings by reference to the former City Hall facility. Although the City has been properly noticing its meetings in compliance with the Brown Act, the codified reference to the prior facility is now outdated and should be amended to reflect the current meeting location. To maintain an accurate and user-friendly Municipal Code and to avoid any confusion for members of the public, staff is recommending an amendment to Indio Municipal Code Section 1.30 (Regular Meetings) to reference the new City Hall address.

BACKGROUND INFORMATION:

The proposed ordinance amends Section 1.30 within Title 3 (Administration), Chapter 1 (City Council), Division 3 (Meetings), of the Indio Municipal Code. The amendment clarifies that regular meetings of the City Council are held in the City Council Chambers at 100 Civic Center Drive, unless another location is noticed on the meeting agenda.

The ordinance preserves and restates the existing flexibility already built into the code and required by the Brown Act, including the ability of the City Council to:

(1) Hold meetings at another location when properly noticed on the agenda.

(2) Reschedule regular meetings that fall on a legal holiday to the next non-holiday date at the same time and place or at another time designated by the City Council.

AGENDA ITEM #11.1
Introduction of Ordinance No. 1827, amending Title 3 (Administration) Ch... Page 214 of 257 (3) Hold adjourned or special meetings at another location as stated in the applicable notice.

(4) to pursuant emergency an of event the location alternate an in meetings Convene in Government Code section 54956.5.

Aside from updating the meeting location to 100 Civic Center Drive, the ordinance does not change the City Council’s existing meeting procedures or the established day and time of regular meetings, which are set by separate City Council resolution. The amendment is therefore administrative and housekeeping in nature, intended solely to ensure that the Municipal Code accurately reflects current City operations and provides clear guidance to the public regarding the location of City Council meetings.

ATTACHMENTS:

Attachment 1 - INDIO-Ord Amending Section 1.30 (Regular Meetings) SPFINAL

APPROVAL(S):

Sabdi Sanchez, Director of City Clerk Services Pending
Bryan H. Montgomery, City Manager None

Introduction of Ordinance No. 1827, amending Title 3 (Administration) Ch... Page 215 of 257 ORDINANCE NO. 1827

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDIO, CALIFORNIA, AMENDING TITLE 3 (ADMINISTRATION)
CHAPTER 1 (CITY COUNCIL) DIVISION 3 (MEETINGS)
SECTION 1.30 (REGULAR MEETINGS) OF THE INDIO

MUNICIPAL CODE
WHEREAS, the City of Indio recently completed construction of its new City Hall facility and relocated City administrative operations to the new building; and WHEREAS, Title 3, Chapter 1, Division 3, Section 1.30 of the Indio Municipal Code establishes the location of regular meetings of the City Council; and WHEREAS, the current code language reflects the address of the former City Hall and must be updated to accurately identify the new location for regular City Council meetings; and
WHEREAS, the City Council desires to amend Section 1.30 to ensure the Indio Municipal Code correctly reflects the official meeting location and remains clear, accurate, and consistent with City operations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Incorporation. The above recitals are all true and correct and are incorporated herein by this reference.

Section 2. CEQA. The adoption of this Ordinance is not subject to the California Environmental Quality Act because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Section 3. Municipal Code Amendment. Title 3, Chapter 1, Division 3, Section 1.30 of the Indio Municipal Code is hereby amended to read as follows:
§ 1.30. Regular meetings.
(A) The City Council shall hold regular meetings at a date and time established by City Council resolution.
(B) The regular meeting place of the City Council shall be in the City Council Chambers at 100 Civic Center Drive, unless such other location is noticed on the agenda.
(C)When the day for any regular meeting falls on a legal holiday such meeting shall be held at the same hour and place on the next succeeding day not a holiday or such other time as designated by the City Council.

Introduction of Ordinance No. 1827, amending Title 3 (Administration) Ch... Page 216 of 257 (D)The City Council may hold adjourned or special meetings at such other place as may be established in the notice of the adjourned or special meeting. In event of an emergency, meetings may be held at any place designated pursuant to Government Code Section 54956.5.

Section 4. Clerical Errors. The City Council directs the City Clerk to correct any clerical errors found in this Ordinance, including, but not limited to, typographical errors, irregular numbering, and incorrect section references.

Section 5. Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unenforceable, or unconstitutional.

Section 6. Effective Date. In accordance with California Government Code section 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

Section 7. Publication. The City Clerk shall cause the Ordinance or a summary thereof to be published in accordance with state law.

Introduction of Ordinance No. 1827, amending Title 3 (Administration) Ch... Page 217 of 257 PASSED, APPROVED and ADOPTED this ___th day of _________ 2025.

_________________________________
Glenn Miller, Mayor
ATTEST:
________________________________
Sabdi Sanchez, MMC
Dir. of City Clerk Services

Introduction of Ordinance No. 1827, amending Title 3 (Administration) Ch... Page 218 of 257 City of Indio
City Council
November 19, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Staff Research and Planning Commission Recommendations regarding Gas Station Developments in the City of Indio.

RECOMMENDATION:

Receive Planning Commission Recommendations on Gas Stations and Provide Direction to Staff Regarding Options to Restrict Future Gas Station Developments.

SUMMARY:

As directed by the Council on April 16, 2025, staff conducted research and received input from the Planning Commission on several topic areas regarding gas stations in the City of Indio. These topics included: • Reviewing the location and current number of gas stations • Methods to Improve Air Quality and Aesthetics through Landscaping • Requirements for Electric Vehicle (EV) Chargers • Consideration of in-depth studies After multiple presentations and receiving input at Planning Commission public hearings regarding these topics, the Commission recommended that the Council conduct a market feasibility study and draft a moratorium ordinance in order to further study and determine how to ultimately regulate gas stations in the City of Indio.

BACKGROUND INFORMATION:

Based on staff research and presentations at Commission meetings, the following topics were discussed with the Planning Commission (for more detail and mapping, refer to Attachments A through D):

Gas Stations in the City of Indio

On September 10, 2025, various data on gas stations was presented to the Commission. This data included:

 Number of Gas Stations (30 plus one pre-application)
 Gas Stations per capita (0.31 gas stations per 1,000 residents)  Options to Limit Gas Stations (Zoning Code Amendment)  Demand for Electric Vehicle Charging Stations (refer to Attachment C)  Prohibition of Gas Stations (demand for gasoline remains strong, refer to Attachment C for additional details)
 Current Demand (there is 18 million in unmet consumer demand for gas stations, and this demand is expected to remain strong)
As part of the above discussion, the Commission also wanted to see a map of existing gas stations overlaid on the CalEnviroScreen which is a tool developed by the California Environmental AGENDA ITEM #11.2
Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 219 of 257 Protection Agency (CalEPA) to identify communities in California that are disproportionately burdened by multiple sources of pollution and environmental hazards. It combines various environmental, health, and socioeconomic data to produce a score for different geographic areas (such as census tracts), highlighting those most impacted by environmental and social stressors.

The Commission wanted to review this map to see if there was an oversaturation of gas stations in disadvantaged community tracts (5 of the 30 stations). The full staff report discussing all of the above data regarding gas stations from this meeting is shown in Attachment C.

Landscaping:

The Council also wanted staff to research and discuss with the Commission landscaping types that could help reduce air pollution at gas stations. Staff located the Urban Greening Guide that was released in 2021 by the Coachella Valley Association of Governments (CVAG) in collaboration with its member agencies, arborists, landscape architects, and other landscape professionals. These experts provided insights to identify tree species best suited for the Coachella Valley’s desert climate and to develop a curated tree palette. Tree selections featured in the Urban Greening Guide summarize numerous environmental benefits to urban areas, including improved air quality through the absorption and filtration of pollutants, and the reduction of greenhouse gases via carbon sequestration. Refer to Attachment D, which depicts Urban Greening Guide Section 3: Tree Palette, this guide includes a comprehensive table of various tree species, listing their scientific and common names, physical characteristics (such as whether they are evergreen or deciduous, height, width, longevity, and shade density), and maintenance requirements (level of maintenance, native status, litter production, and susceptibility to pests and diseases). Additionally, the table quantifies each species’ carbon dioxide (CO2) emissions reduction potential over its lifetime, measured in pounds.

Through a zoning text amendment (or, through the adoption of a standalone document), the Planning Division could use the Urban Greening Guide’s tree palette to require a higher percentage of landscaping for all new development proposals. This approach not only ensures the selection of tree species that are well-adapted to the Coachella Valley’s desert climate but also maximizes environmental benefits such as improved air quality and carbon sequestration. After receiving this information, the Commission expressed that additional trees, especially those that provided more shade, were preferred. But, not just for gas station projects, but City-Wide as well.

EV Charging

The Council directed staff to bring back to the Commission a discussion regarding EV chargers and the potential to require additional infrastructure (over what is required by the Green Building Code) for gas station projects. EV’s have a smaller carbon footprint and reduce greenhouse gas emissions and improve local air quality compared to gasoline cars. Through a zoning code text amendment, the Planning Division could require a higher ratio to the number of required EV capable spaces and required number of Electric Vehicle Charging Stations (EVCS) for new gas station proposals. The Commission received this information at the November 12, 2025, public hearing, but did not recommend any additional requirements for gas stations other than what is already required by the Green Building Code (refer to Attachment D outlining requirements for EV). The Commission did not recommend additional requirement above what is required in the Green Building Code due to challenges with the Imperial Irrigation District (IID) and limited power in certain locations in the City.

Therefore, the Commission did not recommend requiring more EV infrastructure for gas station developments.

Market Feasibility Study

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 220 of 257 Economic Development staff presented a GAP analysis to the Commission on July 23, 2025 (Attachment B). While this was not a full market analysis, the information provided indicated that there continues to be leakage of sales at fuel stations and communities the size of Indio typically have more gas stations than the current number in Indio. A more in-depth analysis could evaluate the various aspects of demand and other factors that affect the development of new gas stations (i.e. market trends, pricing analysis, customer analysis, SWOT analysis). The Planning Commission recommended a feasibility study to better understand the market and Indio’s existing conditions.

For a full market analysis regarding gas stations, a consultant will need to be hired, and funding needed (currently, there is no allocation) for this study. Currently, this type of study is estimated to cost in the range of $30,000 to $60,000 and may be completed within 3 to 6 months (depending on the scope of services). While some of the information may be similar to what already has been provided to the Commission and Council, it would come from an outside source and include more detail. Based on the results of this study, the Council could decide not to restrict gas stations or direct staff towards another path such as a geographic moratorium where saturation may be found.

Moratorium Ordinance

The Planning Commission recommended a moratorium on gas station applications. If approved by the Council, a moratorium ordinance would prevent the submittal of any new gas station planning applications for a time certain. If the Council decides to move forward with a moratorium, Gov’t Code Section 65858 would apply as follows:
(a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.

That urgency measure shall require a four-fifths vote of the legislative body for adoption.

The interim ordinance shall be of no further force and effect 45 days from its date of adoption.

After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption.

Not more than two extensions may be adopted.

(b) Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may by a four-fifths vote extend the interim ordinance for 22 months and 15 days.

An interim ordinance would allow the Council time to hire a consultant to conduct a market study and then consider the results of the analysis at a future City Council hearing.

Options for Consideration

Based on the information presented and researched, along with receiving input and recommendations from the Commission and the public, the following options may be considered by the Council:

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 221 of 257

1. Allocate funding and hire a consultant to complete a full Market Feasibility Study;

2. Draft an Interim moratorium ordinance for the entire City;

3. Direct the City Attorney to prepare a draft ordinance that applies the moratorium only were the map indicates saturation may exist;

4. Draft Zoning Code (Unified Development Code) Text Amendments requiring additional development standards for gas stations which may also include greater landscaping, nicer building, a land use buffer, or even restricting the number of gas stations overall; or

5. Continue to allow applications for new gas stations based on free market demand.

Conclusion/Next Steps
Following direction from the Council, staff will proceed with any of the recommendations/options regarding gas stations listed, or an alternative action as determined by the Council.

Attachments:

A – Map of Existing & Entitled Gas Stations (with one pre-application) B – Economic Development Department GAP Analysis (July 23, 2025) C – PC Staff Report (September 10, 2025)
D – PC Staff Report (November 12, 2025)
E – Public Comments Received

FINANCIAL SUMMARY:

Current FY Financial
Impact:

N/A In current year budget: N/A
Current FY General
Fund Impact:

N/A Budget adjustment: N/A
Next FY Financial
Impact:

N/A Strategic Objective: Community Well-being
Source of funds: Fund-Org-Object
Reference:

N/A

ALTERNATIVES:

Take No Action

ATTACHMENTS:

Attachment A Gas Station Locations
Attachment B -GAP Analysis
Attachment C -PC Staff Report 10-10-25
Attachment D -PC Staff Report 11 12 25
Attachment E Public Comments

APPROVAL(S):

Steven Graham Pacifico, City Attorney Approved - 14 Nov 2025 Ruby D. Walla, Director of Finance Approved - 14 Nov 2025

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 222 of 257 Bryan H. Montgomery, City Manager Approved - 14 Nov 2025

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 223 of 257 takecenterstage
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DateSaved:11/13/2025

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 224 of 257 ListofGasStations
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Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 225 of 257

HOW THE MARKET

DRIVES BUSINESS

GROWTH IN INDIO

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 226 of 257 INDIO’S DEMAND

OUTPACES SUPPLY
• Total Demand (2024-25): $2.25
Billion
• Total Supply: $1.07 Billion
• Gap: $1.18 Billion in unmet demand
• Across 30+ Retail and Food Service
Industries

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 227 of 257

DEMAND EXISTS ACROSS ALMOST

EVERY SECTOR
Sector
Automobile Dealers
General Merchandise
Health & Personal Care Stores
Clothing Stores
Beer, Wine & Liquor Stores
Grocery Stores
Gasoline Stations
Electronics, Furniture, and More
Unmet Demand
$184.63M
$108.69M
$43.35M
$43.75M
$14.03M
$3.87M
$17.93M
Consistent gaps across
subcategories

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 228 of 257

GAS STATION
MARKET

SIGNALS
• 88.1% of Adults purchased gasoline
in the past 6 months
• $110M+ in annual consumer spending
on gas station purchases in Indio
• Demand for fuel and auto-related
services is consistent and volume-
driven.
• Gas stations in Indio serve both local
residents AND a steady stream of
commuters and travelers.

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 229 of 257

GAS STATION

DEMAND IN INDIO
Indio Current:
⚬ Population 95,548
⚬ Gas Stations: 29
⚬ Per Capita: 0.304/1,000 people
Indio Future:
⚬ Population 95,548
⚬ Gas Stations: 30
⚬ Per Capita: 0.314/1,000 people
U.S. Per Capita:
⚬ Per Capita: 0.45/1,000 people

INDIO WOULD NEED AN ADDITIONAL
14 GAS STATIONS IN ORDER TO MATCH
THE U.S. PER CAPITA RATIO.

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 230 of 257 Benefits of
Competitive Pricing
for Consumers

1. Lower prices through market competition

2. Reduced price volatility

3. Regional spillover benefits
Fueling stations in close proximity don’t
cannibalize each other, they compete, and
that’s where the consumer benefits.

Competition Clusters mean:
• Lower, more stable prices
• More retail choices
• Retail-linked rewards programs

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 231 of 257 Thank you
760.391.4068
[email protected]
www.indio.org

MIGUEL RAMIREZ-CORNEJO
Economic Development Director
ANY QUESTIONS?

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 232 of 257 Site Selection: How
Businesses Decide
• Example: Circle K Site Selection
Requirements –
• Population: Minimum of 40,000 within
3-mile radius - Traffic Counts: At least
20,000 vehicles per day
• Parcel Size: 1 to 1.5 acres
• Strong daytime population
(employment, schools, etc.)
• Prefer pads near grocery-anchored
centers or busy corridors.
• If the market matches the checklist,
the deal moves forward. If not, it
doesn’t matter how much we want a
business—they won’t come.

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 233 of 257 • Promote local market
opportunities to site selectors &
brokers
• Develop marketing collateral &
host business tours
• Package data for retail recruitment
pitches (yes, real pitch decks)
• Highlight the ROI potential in
unmet demand segments
What We Do
With This Data

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 234 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 235 of 257 City of Indio
Planning Commission
September 10, 2025

STAFF REPORT

To: Planning Commission
From: Gustavo Gomez, Principal Planner
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Receive a presentation summarizing research completed to date addressing the Commission’s previous feedback on gas stations.

RECOMMENDATION:

Receive a presentation on gas stations and provide guidance on specific priorities or concerns to be addressed prior to bringing this item back to the Commission.

SUMMARY:

On April 16, 2025, the City Council gave direction to City staff to collaborate with the Planning Commission and receive their input pertaining to gas stations in the City of Indio. Following that directive, on July 23, 2025, the Economic Development Director presented a GAP analysis to the Planning Commission, which highlighted market forces, demand & supply with an emphasis on gas stations, and business site selection criteria. At this meeting, the Planning Commission provided staff with specific guidance and input on topics and issues that should be further explored before returning to the Commission. Although not addressed as part of this research, staff will return at another meeting to present and discuss additional topics brought up by Council at the April hearing that address how to make gas stations clean/safe/attractive, improve traffic, reduce air quality impacts through landscaping, and EV chargers at gas stations.

BACKGROUND INFORMATION:
the addressing to completed work the date presentation a provide will Staff summarizing Commission’s previous feedback on gas stations pursuant to the directives given by the City Council to receive input from the Planning Commission. Staff have compiled and reviewed data on various aspects of gas stations in the Coachella Valley and have listed below the specific items that the Commission requested staff to research and the results of the research:

 What is the current number of gas stations in the City of Indio? o As of the date of this report there are 30 gas stations that are open or have been approved (or, are pending).
 How many Gas stations does the City have per capita (per 1,000 people)? o 0.31

 How does Indio compare to the other desert cities?
o Indio ranks 8th, however there are several socioeconomic and demographic factors that need to be taken into consideration.

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 236 of 257  What is the entitlement process for a gas station?
o A Conditional Use Permit (CUP) is required in all zones where the use is permitted under the Unified Development Code (UDC).

o CUP’s within the Highway 111 Corridor Specific Plan may be granted by the City Council but are subject to limited land use (LU) requirements.

o Fuel Stations in the Workplace Employment Overlay zone of the Highway 111 Corridor Specific Plan are permitted with an Administrative Use Permit (AUP).

 What are the options to limit gas stations?
o A Unified Development Code amendment (and Specific Plan amendment) would be required.

 Provide a map depicting where gas stations are allowed (refer to Attachment 1)

 Overlay the gas stations with CalEnviroScreen 4.0. (refer to Attachment 2)

 When does Economic Development contradict the General Plan? o The conflict only occurs when the market pursues uses that are inconsistent with Indio’s General Plan long-term goals and policies.

 What is the demand for electric charging stations?
o EVs made up 25.3% of all new car registrations in 2024, only a slight tick up from 2023’s 25%.

o The state surpassed 2 million zero emission vehicles on its roads, representing 6% of all registered vehicles in CA.

o EV market grew just 1.2% in 2024.

o The City of Indio has 103 public charging station ports (Level 2 and Level 3) within 15km. 47% of the ports are level 2 charging ports and 25% of the ports offer free charging for your electric car.

o Nationwide, over 80% of EV charging happens at home. It’s convenient, cost-effective, and affordable, and most drivers never have to hunt for a charger unless they’re traveling.

 What would the demand look like if the City of Indio prohibits gas stations? o Gasoline demand remains strong. Even though EV adoption has grown significantly, 75% of vehicles in California are still gas-powered. In 2024, EV growth slowed and plateaued at around 25% of new sales, which means the majority of drivers will continue to rely on gas stations for the foreseeable future.

o Travel demand is especially critical for Indio. Located along the I-10 corridor and serving as the last major city before Arizona, Indio plays a critical regional role for fueling. Long-distance travelers, freight, and tourists moving east and west rely on convenient create access to gasoline. Prohibiting new stations could supply

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 237 of 257 bottlenecks that impact not only local residents but also regional traffic moving through the Coachella Valley.

o Existing stations may be pressured. If no new gas stations are permitted, the existing supply of stations will shoulder the full burden of serving both residents and interstate travelers. This could result in longer lines, reduced competition, and potentially higher fuel prices, especially during peak travel weekends like Coachella, Stagecoach, and holiday traffic surges.

 Where is the demand now?
o Indio currently faces nearly $18 million in unmet consumer demand for gas stations.

As the city’s population expands and Indio continues to serve as a strategic fueling point along the I-10 corridor — amplified by seasonal surges from major events — this demand is expected to remain strong and likely increase.

Staff recommends that the Planning Commission review the above input and responses from staff to be presented and discussed at this hearing. Additionally, staff encourages the Commission to provide further guidance on specific priorities or concerns to be addressed prior to bringing this item back to the Commission. This feedback will help ensure that future analyses and recommendations align with the City Council’s direction from the April 16, 2025, Council meeting, which include:

 Determine/make a plan to make gas stations clean/safe.  Push adjacent properties next to gas stations to develop and not sit vacant.  Determine how to make gas stations more attractive.
 Bring back requirements that we could apply to mitigate air quality impacts (above what the State requires) from Gas Stations such as requiring landscaping and more EV chargers for new Gas Stations
 Consider more in-depth traffic studies for Gas Stations.

Conclusion/Next Steps

Based on feedback received from the Commission, staff will return with further research and bring forth another item that addresses the specific input from the Council received at the April 16, 2025, meeting.

ATTACHMENTS:

Attachment 1 Gas Station Locations
Attachment 2 Gas Stations CalEnviroScreen

APPROVAL(S):

Steven Graham Pacifico, City Attorney Pending

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 238 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta...Page 239 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 240 of 257

SUBJECT:

Receive a presentation and provide input to staff on landscaping palettes and current Electrical Vehicle ( EV) charging requirements as a means to reduce pollution at gas stations.

SUMMARY:

On February 12, 2025, the Planning Commission denied the Maverik gas station project and appealed to the City Council. On April 16, 2025, the City Council gave direction to City staff to collaborate with the Planning Commission and receive their input pertaining to gas stations in the City of Indio . This request followed the City Council’s approval of the Maverik gas station project. Following this directive, on July 23, 2025, the Economic Development Director presented a gap analysis to the Planning Commission, which highlighted market forces, demand & supply with a n emphasis on gas stations . On September 10th, 2025, the Planning Commission received a presentation summarizing staff’s research addressing the Commission’s feedback on gas stations. At this meeting, staff discussed returning to the Planning Commission to present and discuss additional topics brought up by Council at the April hearing that addresses how to reduce air quality impacts through landscaping and requiring more EV chargers at gas stations.

Additionally, the Planning Commission reached a consensus of recommending a moratorium and requesting a feasibility study for gas stations to the City Council.

BACKGROUND:

Staff reviewed existing guidelines, reports and environmental studies to identify best practices and current standards for sustainable climate-appropriate landscaping and green building requirements. Based on this research, the following information on these topics are discussed in more detail below including potential next steps.

Landscaping:

The Urban Greening Guide was released in 2021 by the Coachella Valley Association of Governments in collaboration with its member agencies, arborists, landscape architects, and other landscape professionals. These experts provided insights to identify tree species best suited for the Coachella Valley’s desert climate and to develop a curated tree palette. The tree selections featured in the Urban Greening Guide summarize numerous environmental benefits to urban areas, including improved air quality through the absorption and filtration of pollutants, and the reduction of greenhouse gases via carbon sequestration.

As shown in Attachment A, Urban Greening Guide Section 3: Tree Palette , this guide includes a comprehensive table of various tree species, listing their scientific and common names, physical characteristics (such as whether they are evergreen or deciduous, height, width, longevity, and shade density), and maintenance requirements (level of maintenance, native status, litter production, and susceptibility to pests and diseases).

Additionally, the table quantifies each species’ carbon dioxide (CO2) emissions reduction potential over its lifetime, measured in pounds.

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 241 of 257

Through a zoning text amendment, the Planning Division can use the Urban Greening Guide’s tree pale tte to require higher percentage of landscape for new gas station proposals or all new development pro posals. This approach not only ensures the selection of tree species that are well -adapted to the Coachella Valley’s desert climate but also maximizes environmental benefits such as impr oved air quality and carbon sequestration.

EV Charging
The California Green Building Code, or CALGreen, is a mandatory set of green building standards for new construction in California. It aims to reduce greenhouse gas emissions (i.e. carbon dioxide) , conserve water and energy, and promote healthy building environments by establishing minimum sustainability requirements for design and construction. The Green Building code is updated every three years with most recent updates from the 2022 codes which are in effect until December 31, 2025. The next set of building codes will be the 2025 codes, scheduled to take effect on January 1, 2026.

As shown in Attachment B, California Green Building Code 5.106.5.3: Electric Vehicle (EV) Charging, the requirements for electric vehicle (EV) capable parking spaces based on the total number of parking spaces available area outlined in Table 5.106.5.3.1 . It specifies the minimum number of EV -capable spaces required for different parking lot sizes and indicates the number of those spaces that must be equipped with electric vehicle supply equipment (EVSE), meaning they are ready for EV charging.

Table 5.106.5.3.1

TOTAL NUMBER OF

ACTUAL PARKING
SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

NUMBER OF EVCS
(EV CAPABLE

SPACES PROVIDED
WITH EVSE)2
0—9 0 0
10—25 4 0
26—50 8 2
51—75 13 3
76—100 17 4
101—150 25 6
151—200 35 9
201 and over 20 percent of total1 25 percent of EV
capable spaces1

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 242 of 257

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

Through a zoning text amendment, the Planning Division can require a higher ratio to the number of required EV capable spaces and required number of EVCS for new gas station proposals. EV’s have a smaller car bon footprint and reduce greenhouse gas emissions and improve local air quality compared to gasoline cars.

Conclusion/Next Steps
Staff will receive input from the Commission and present this feedback (along with their comments at the September 4, 2025, meeting) at a future City Council meeting. Based on direction from the Council, staff may return to the Commission with additional guidance.

Attachments:

A – Urban Greening Guide Section 3: Tree Palette
B – California Green Building Code 5.106.5.3: Electric Vehicle (EV) Charging

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 243 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 244 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 245 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 246 of 257 Thanks,
Karen

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 247 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 248 of 257

Thank you for your time; and very appreciative of the work you do.

Jonathan Becerra

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 249 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 250 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 251 of 257 exist within Indio’s boundaries. To be open, and even argue for more is unnecessary and harmful, to our desert environment entirely but to the disadvantaged communities that are forced to have the majority of these gas stations in their community and ultimately bare the consequential human health impacts.

City staff argue that having more gas stations creates affordability. The reality on the ground contradicts this argument. Gas is not more affordable in Indio than in other cities.

The city presentation argues that prohibiting further development of gas stations would cause existing gas stations to be “pressured” and ultimately “will shoulder the full burden of serving both residents and interstate travelers.” Again, the reality on the ground is that there are never any waits at gas stations. In the contrary, they’re often empty. Given the recently approved development of two additional gas stations that are touted to meet demands, there should be no “pressure” or “burden.”
Ultimately, we are sick and tired of gas stations. They’re are far too many. There will even be two in one shopping center located off Monroe and 42nd.

We demand a full moratorium of gas stations and nothing less.

Continuing it’s development, particularly near disadvantaged, low-income communities in the city, is a continuation of environmental racism.

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 252 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 253 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 254 of 257 Routine, small-scale fuel spills—such as those occurring during standard fill-ups—can gradually accumulate and seep through concrete pads into the subsurface, compounding risks over the years. Conservative estimates suggest that a typical station may leak around 1,500 liters of gasoline per decade. (
The Hub)
Benzene and related compounds are classified as carcinogens. Prolonged exposure— especially for station employees or residents nearby—has been linked to increased risks of leukemia, lymphoma, and other cancers. Additionally, these compounds are associated with respiratory illness, neurological damage, and developmental harm in children. ( Wikipedia)

2. Precedents in California and Beyond
In March 2021, Petaluma, CA, became the first city in the United States to ban the construction of new gas stations, aiming to redirect development toward cleaner infrastructure and fight climate change. (Wikipedia, The Guardian) Following Petaluma's lead, other municipalities in Sonoma and Napa counties have either proposed or enacted similar prohibitions, based on the dual goals of reducing fossil fuel infrastructure and safeguarding environmental health. (FiscalNote, LAist, Next City) In a broader U.S. context, East Hartford, Connecticut, recently enacted an 18-month moratorium on new gas station development, allowing time to assess environmental, zoning, and public health impacts. (CT Insider)

3. Economic and Planning Considerations
As the transition to electric vehicles (EVs) accelerates, a significant number of existing gas stations may become economically infeasible or “stranded assets.” Proactive moratoria can prevent such investments and align infrastructure with future transportation trends. ( Beyond
Toxics)
The moratorium model in East Hartford illustrates a prudent, research-based approach—halting new development temporarily to inform robust, forward-looking zoning and environmental policy. (CT Insider)
Conclusion and Request
Given the serious health risks, environmental threats, and economic shifts associated with continued gas station expansion—and considering the effective precedents both statewide and beyond—I respectfully urge the Planning Commission to enact a moratorium on new gas station construction in our community. This pause will afford us the needed time to evaluate the full implications and pursue more sustainable, health-conscious alternatives.

Thank you for your careful consideration.

Sincerely,
Indio, CA 92201

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 255 of 257

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 256 of 257 The commission should also consider implementing a moratorium on gas stations as a short or long-term solution to addressing this issue.

Best,
Ruby Hernandez

Staff Research and Planning Commission Recommendations regarding Gas Sta... Page 257 of 257