Jun 02, 2021 City Council Joint Meeting

>> GOOD EVENING AND HAPPY PRIDE MONTH.

MAYOR PRO TEM HAD.

I'VE GOT A LOT GOING ON.

BEFORE I START I WANT TO SEND A SHOUT OUT TO SOME OF OUR STAFF.

OUR LAST MEETING, YOU KNOW I WAS GOING ON AND ON ABOUT DAVIS FIELD.

I THINK I BIT OFF MORE THAN I CAN CHEW.

I TALKED WITH PUBLIC WORKS DIRECTOR TIM AND STAFF AND THEY BEEN ON IT.

I'M LOOKING FORWARD TO SOME REALLY GOOD STUFF.

NO TIM I DON'T HAVE A BLANK CHECK TO GIVE YOU BUT I KNOW YOU KNOW HOW TO CRUNCH THOSE NUMBERS SO THANK YOU FOR THE HARD WORK AND ALS THANK YOU TO SOME OF THE PUBLIC WORKS CREW IN THE YARD.

RECENTLY I DID SOME VOLUNTEER WORK.

I VOLUNTEERED MYSELF TO PURCHASE 50 CASES OF WATER FOR THE SENIORS OVER AND INDIO HIGH SCHOOL.

I GOT A CALL FROM WINCO OVER HERE AND INDIO AND THEY TOLD ME WELL MR. FERMENT WE HAVE YOUR PALLET READY.

WILL MR. FERMENT DRIVES A HONDA.

APPELLATE SOCKET TO FIT IN A HONDA.

I CONTACTED THE CITY MANAGER AND TIM PRAYED THEY CAN OCCUR OVER THERE WITH A FORK LIVED IN A TRUCK.

I GOT IT OVER TO INDIO HIGH SCHOOL.

THE STAFF OF MR. LAWSON IN THE ASP THEY WERE HAPPY ABOUT THAT.

TO OUR STAFF.

THE DID A GREAT JOB.

I WANTED TO SHOW YOU SOME APPRECIATION FOR ALL YOU DO.

NONE OF ME:SO ONE OF MY COMMITTEES.

I DID HAVE A GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU MEETING AND IT'S SO MUCH THAT'S GOING ON NOW.

I PROGRESSION THROUGH THIS PANDEMIC.

WE HAD SOME REALLY GOOD REPORTS AND ONE OF THE REPORTS WAS ECONOMIC IMPACT REPORT OF TOURISM AND WILL WE STATE GREATER PALM SPRINGS WERE TALKING COACHELLA VALLEY.

THAT'S THE NAME.

IN THIS REPORT CONTAINED TOURISM, ECONOMIC TRENDS FROM A VISITATION AND

[00:30:04]

SPENDING.

ECONOMIC IMPACT AS A TOTAL IN OUR COMMUNITY.

HERE MOVING FORWARD.

REALLY GOOD REPORT.

THERE'S ABOUT TO REPORT ON.

I WOULD ADVISE YOU ALL TO GO TO THE WEBPAGE CHECK OUT SOME OF THE THINGS THAT ARE GOING ON IN OUR COMMUNITY.

THE VISITORS, THE SPENDING THAT'S GOING ON AND FOLKS ARE TRAVELING INTO OUR COMMUNITY.

IT WAS A VERY OPTIMISTIC REPORT AND WE ALSO RECEIVED ANOTHER ECONOMIC IMPACT REPORT ON THE PROPOSED COACHELLA VALLEY ARENA PROJECT IN THOUSAND PALMS. THAT'S BIG NEWS.

MOVING FORWARD WITH THE ARENA.

THE CONSTRUCTION IS EXPECTED TO BEGIN THIS YEAR IN 2021.

I JUST HEARD THEY'RE DOING GROUNDBREAKING I BELIEVE NEXT WEEK.

THEY ARE MOVING FAST OVER THERE COULD IT'S TO BE COMPLETED BY THE FALL OF 2022.

SOME OF THE KEY POINTS OF THIS ARENA THAT IS COMING.

SOME OF THE ANNUAL DIRECT SPENDING AS IT PERTAINS TO THE ARENA WILL BE APPROXIMATELY HUNDRED $8 MILLION.

THOMAS BUSINESS SALES ANNUALLY.

A TOTAL OF 42 MILLION ADDITIONAL INCOME EARNED BY LOCAL WORKERS SO IT'S BRINGING JOBS.

LOOKING FOR THOSE FOLKS TO GO SWIM, RUN AND CYCLE.

WORK WITH THOSE APPETITES AND COME DOWNTOWN AND LET'S EAT.

LOOKING FORWARD TO THAT.

I WANT TO CONCLUDE, I HAVE A COUPLE OF THINGS BUT, I JUST WANT TO SEND A THANK YOU AND APPRECIATION AND CONGRATULATIONS TO SHADOW HILLS.

THERE SENIORS AT SHADOW HILLS PRINCIPAL.

EXCELLENT JOB AND EXCELLENT CEREMONY.

FIRST CLASS ALL THE TIME AND CONGRATULATIONS TO THOSE SENIORS.

IT WAS A GREAT SEEING THEM LAST WEEK.

AND, CONGRATULATIONS TO OU SENIORS AND INDIO HIGH SCHOOL.

I WEAR MY MOUSE.

I WILL WEAR MY SHADOW HILLS NEXT MEETING.

CONGRATULATIONS TO OUR SENIORS AND INDIO HIGH SCHOOL AS WELL.

MR. LAWSON, GREAT JOB.

HE IS A GREAT PRINCIPAL.

HE'S GREAT IN OUR COMMUNITY.

LOOKING FORWARD TO WORKING WITH HIM A LITTLE BIT MORE OVER INDIO HIGH SCHOOL.

MYSELF AND THE MAYOR AND COUNCIL MEMBER ORTIZ TALK ABOUT SOME THINGS WE COULD DO TO CONTINUE TO SUPPORT OUR LOCAL SCHOOLS.

THAT IS GREAT.

ALSO, I WANT, I HAVE A REQUEST.

THAT WAY, IF WE CAN GET MARTHA'S VILLAGE AND KITCHEN AND SEE VRM OVER TO DUKE MAY BE A PRESENTATION WHAT THEY HAVE GOING ON THERE AT THEIR FACILITIES.

MOVING FORWARD.

IT ALSO I HAVEN'T HEARD ANYTHING ABOUT COOLING CENTERS.

I KNOW THIS USUALLY HAS COOLING CENTERS.

I HAVEN'T HEARD WHAT THEY'RE DOING ABOUT THAT.

I'D LIKE TO GET THEM OVER TO DO A PRESENTATION.

I TALKED TO DARLA BURKET OVER AND SEE VRM ABOUT COMING TO THE COUNCIL TO DO A PRESENTATION.

IT'S GOOD FOR THE COMMUNITY TO UNDERSTAND THE PROCESS AND THE COMPLEXITY OF HOMELESSNESS IN OUR COMMUNITY.

IT'S VERY COMPLEXED.

SOMETIMES WE TALK TO OUR CONSTITUENTS JUST BUILT HOUSING OR GIVE THE MONEY AND PROVIDE RESOURCES.

IT SOMETIMES MORE COMPLICATED THAN THAT.

AND THEY ARE THE PROFESSIONALS.

WE ALLOCATE FUNDING TO THEM TO DO THEIR JOB.

IT WILL BE GOOD TO GET THEIR PERSPECTIVE ON WHAT THEY'RE DOING IN OUR COMMUNITY MOVING FORWARD.

ESPECIALLY DURING AS IT PROGRESSES THROUGH THE PANDEMIC.

I WILL CONCLUDE MY REPORT MADAME MAYOR.

>> OKAY THANK YOU FOR THAT.

WE NEED TO AGENDA EYES THESE 2 PRESENTATIONS.

FIRST OF ALL TO HAVE SUPPORT FROM THE COUNCIL TO BRING RESCUE MISSION MARTHA'S VILLAGE TO GIVE A PRESENTATION TO BRING US ALL UP TO SPEED AS WELL AS

[00:35:01]

THE AUDIENCE? IS THAT OKAY? ARE WE GOOD WITH THAT? I'M TOTALLY GO WITHOUT.

DOES THAT NEED TO BE A JEDI'S OR CAN WE USE THAT INTO THAT 3-MINUTE AND THEN I CAN EXTEND IT.

>> WILL INVITE THEM FOR PRESENTATION.

ABSOLUTELY.

>> THAT WOULD BE TERRIFIC.

OFTEN STANDING.

OKAY.

MY TURN.

SO MOST OF MY COMMISSIONS WERE DARK.

THIS WAS THE BEST TIME OF YEAR.

REALLY GOOD TO SEE OUR KIDS, OUR YOUTH GO FROM BEING YOUTH TO BEING ADULTS.

WE GET TO ATTEND THEIR GRADUATIONS.

PARTICULARLY DURING THIS COVID TIME THESE YOUNG PEOPLE REALLY HAD TO PERSEVERE, IT WASN'T EASY.

THEY CHALLENGE THEMSELVES AND THEY STEPPED UP AND THEY DID IT.

I'M SO PROUD OF EVERY SINGLE STUDENT AND GRADUATE IN THE CITY OF VIDEO.

I LOVE GOING TO ARMISTEAD.

THESE CANS WERE SUPERHARD AS THEY GO ON THEIR LIFE'S JOURNEY.

I HAVE THE OPPORTUNITY THAT WAS DIVIDED INTO AS COUNCILMEMBER MILLER SAID.

I GOT TO SPEAK WITH THE FIRST HALF OF THESE YOUNG PEOPLE THAT ARE REALLY DIRECTED REALLY FOCUSED AND REALLY MOTIVATED.

OF COURSE INDIO HIGH SCHOOL GRADUATION WAS GREAT.

AND SHADOW HILLS HIGH SCHOOL.

SOME HIGHLY SHARP GROUP OF YOUNG PEOPLE IN OUR COMMUNITY.

I APPLAUD THEM FOR THEIR EFFORT AND THE HARD WORK.

IT SOUNDS LIKE THEY HAVE SOME FUN AS WELL.

I'M HAPPY TO HEAR THAT.

AND BEST OF LUCK TO ALL OF THEM.

ON THAT NOTE I LIKE TO MOVE ON TO THE CITY MANAGER.

[7. CITY MANAGER REPORTS AND INFORMATION]

>> THANK YOU MAYOR.

FIRST, THIS IS MY LITTLE OVER 2 WEEKS WITH THE CITY.

I JUST WANT TO REITERATE HOW BLESSED WE AREN'T WITH SUCH A HIGH QUALITY CITY STAFF AND WE HAVE SOME SOLID PROFESSIONALS.

WE'VE GOT A DEDICATED CITY COUNCIL.

THE COMMUNITY THAT CARES.

I'M HONORED TO BE HERE AND EXCITED THAT THE MANY CHALLENGES WE HAVE AND OPPORTUNITIES WE HAVE.

WE HAVE A GREAT TEAM TO FACE THOSE AND I THINK THE COUNCIL FOR THIS OPPORTUNITY.

WE WILL LEARN TOMORROW MORE FROM CAL OSHA REGARDING WHAT MIGHT TAKE PLACE RELATED TO THE REMOVING OF THE RESTRICTIONS BY WAY O SOCIAL DISTANCING, MASKS AND SO FORTH.

AS A RELATES TO THE EMPLOYEES WHAT WE MIGHT BE ABLE TO DO TO OPEN UP THE FRONT DOORS OF OUR CITY FACILITY.

LEARN MORE TOMORROW WE WILL REPORT BACK ON WHEN THAT WILL TAKE PLACE.

THE CITY OF ATTORNEY MAY WANT TO STILL SETTLE MY TIME ON HOW CITY COUNCIL MAY PROCEED.

JUST KNOW WE WILL BE ABLE TO OPEN THE DOOR SOON OF ALL THE CITY FACILITIES.

>> I THINK MAY BE PERHAPS AND I'LL DISCUSS WITH THE CITY MANAGER AND A COUPLE OF YOU HAVE APPROACHED ME WITH RESPECT TO THAT WE BRING BACK AGENDA ITEM.

ONCE WE GET MORE INFORMATION FROM CAL OSHA WE RECEIVE INFORMATION FROM THE GOVERNOR'S OFFICE TODAY.

WITH RESPECT TO THE CONTINUATION OF THE PROVISIONS THAT ALLOW US TO DO SIMPLY NEEDS AND WE CAN PREPARE SOMETHING FOR YOU FOR THE COUNCIL'S CONSIDERATION AND DIRECTION.

THAT WOULD BE GREAT TO OPEN HER SITTING UP AT THE RIGHT TIME.

PERFECT.

FOR OUR RESIDENTS AND BUSINESSES TO COME IN AND DO BUSINESS WITH US DIRECTLY.

I LOOK FORWARD TO THAT.

CITY MANAGER, ANY OTHER COMMENTS?

>> NO MA'AM, THANK YOU.

>> IT'S A PLEASURE TO HAVE YOU.

GOSH, TERRIFIC, WELCOME.

ITEM NUMBER 8.

PUBLIC COMMENTS.

I KNOW WE HAVE COMMENTS ON ITEM 10 A.

AT THIS POINT TO WHERE PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA?

>> NO MAYOR.

NO COMMENTS.

>> NO PUBLIC COMMENTS AT THIS TIME.

ITEM NUMBER 9, THE CONSENT CALENDAR.

[9. CONSENT CALENDAR]

DOES ANYONE WISH TO PULL ANYTHING OR DO I HEAR A MOTION TO APPROVE?

>> ALL MOTION TO APPROVE.

MOTION FROM COUNCILMEMBER ORTIZ.

>> I HAVE A SECOND FROM MAYOR FOR TEMPERAMENT.

MAYBE HAVE ROLL CALL PLEASE.

ITEM NUMBER 10, ADMINISTERED OF ITEMS.

[10.a. Resolution No. 10199, Pursuant to Code of Civil Procedure Section 1245.330 Consenting to an Eminent Domain Proceeding by Quasi-Public Entity (Borra-LaFond Properties Company) for a Temporary Right of Entry to Make Necessary Repairs and Making the Determination that Each of the Conditions Required by Civil Code Section 1002 Appears to Exist for the Property Located at 46845 Monroe Street (Social Security Administration Building) (City Attorney Roxanne Diaz) Recommendation: Approve]

RESOLUTION 10199.

PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 1 245.330.

CONSENTING TO AN EMINENT DOMAIN PROCEEDINGS BY QUASI-PUBLIC ENTITY FOR LAFOND PROPERTIES COMPANY FOR A TEMPORARY RIGHT OF ENTRY TO MAKE NECESSARY REPAIRS AND MAKING THE DETERMINATION THAT EACH OF THE CONDITIONS REQUIRED BY CIVIL CODE SECTION 1002 APPEARS TO EXIST FOR THE PROPERTY LOCATED AT 46845 MONROE STREET.

SOCIAL SECURITY ADMINISTRATION BUILDING.

CITY ATTORNEY.

>> THINKING ABOUT AMERICA.

WILL THAT CLERK PUT UP TH POWERPOINT 4/20 TO SHARE MY SCREEN? I HAVE A POWERPOINT PRESENTATION THAT WILL COME UP IN JUST A MOMENT.

[00:40:02]

THIS MIGHT BE FOR THE STATE COUNCILS A ASPIRANT FOR LAFOND COMPANIES PROPERTY THAT THE CITY COUNCIL ADOPTED RESOLUTION CONSENTING TO ITS REQUEST THAT BORAT LAFOND BE DESIGNATED AS A QUASIPUBLIC ENTITY FOR THE PURPOSE OF ACQUIRING A TEMPORARY RIGHT OF ENTRY.

AND, NEXT SLIDE PLEASE.

AS THE COUNCIL IS AWARE ESSENTIALLY ONLY PUBLIC ENTITIES HAS A RIGHT OF EMINENT DOMAIN.

THIS WOULD INCLUDE ACQUISITION OF A TEMPORARY RIGHT OF ACCESS.

UNDER THE PROCESS THAT'S AUTHORIZED BY STATE LAW, THE CITY CAN CONSENT TO ANOTHER PARTY TO EXERCISE THIS POWER BUT ONLY IF THAT PROPERTY OWNER IS SEEKING TO ACQUIRE THIS TEMPORARY RIGHT TO ENTER WITH AN ADJACENT PROPERTY TO IMPROVEMENTS IF CERTAIN FINDINGS ARE MADE.

IN THIS CASE WE HAVE SOCIAL SECURITY MINISTRATION BUILDING BACK IN FEBRUARY 2019 BORAT LAFOND THE PROPERTY WAS DAMAGED AS A RESULT OF A SIGNAL VEHICLE TRAFFIC COLLISION.

THE DRIVER AND THE ADJACENT PARKING WAS ATTEMPTING TO PARK A PARKING STALL.

SHE ACCELERATED CRASH INTO THE WALL OF THE BUILDING JUMPING THE CURB THAT BUILDING IS LEASED TO OF COURSE THE FEDERAL GOVERNMENT FOR THE SOCIAL SECURITY ADMINISTRATION ACTIVITIES.

THE OWNER OF THE ADJACENT PROPERTY IS PRO COMP INVESTMENTS INK.

THE DAMAGE THAT OCCURRED WAS TO THE EXTERIOR WALL OF THE BUILDING AND PORTIONS OF THE INTERIOR WALL AS WELL.

I HAVE SOME SLIDES OF THE DAMAGE THAT I WOULD LIKE TO GO THROUGH.

IN THIS PICTURE HERE SHOWS THE CURRENT CONDITION OF THE STUCCO THAT IS BEHIND THE TEMPORARY REPAIR ESSENTIALLY.

ACCORDING TO THE PROPOSED CONTRACTOR OF BORAT LAFOND DAMAGED STUCCO AND PLYWOOD NEEDS TO BE REMOVED AND REPLACED FROM THE PROBE, PROPERTY.

YOU WILL SEE THERE IS THE BUILDING AND A PATH OF DIRT AND THEN YOU WILL SEE THE CURB, THE RACE CURB AREA WHICH IS LANDSCAPED AREA ON THE OTHER SIDE OF PARKING STALLS.

THUS THE PROPERTY LINE.

WHERE THE CURB CUT IS FOR THE ENTRY INTO THE LANDSCAPED AREA RIGHT THERE.

THERE'S NOT A LOT OF ROOM FOR THE BORAT LAFOND FOLKS TO ESSENTIALLY ENTER ON THEIR OWN PROPERTY AND TO CONDUCT REPAIRS THAT ARE NECESSARY.

HERE, THERE ARE SOME STUDS THAT WILL NEED TO BE REPLACED AND AFTER THE PLYWOOD IS REPLACED IT CAN BE PLASTERED AND PAINTED.

THIS IS ALL A TEMPORARY FI RIGHT NOW.

INITIALLY .

THAT'S A DIFFERENT VIEWPOINT OF THAT SAME PICTURE.

NEXT SLIDE PLEASE.

EVEN THOUGH IT'S A LITTLE DISCOLORATION BUT IT IS THE SAME PHOTO.

THESE 2 PICTURES SHOW THE DAMAGE TO THE STUCCO THAT NEEDS TO BE REMOVED TO REPLACE AS A BETTER LINE OF SIGHT HERE FOR YOU SEE THE PLANTER AND YOU SEE THE PARKING AREA.

AFTER AGAIN THERE IS CURRENTLY A TEMPORARY PLYWOOD PIECE THAT'S COVERING THIS AREA.

ACCORDING TO THE CONTRACTOR A SINGLE AXLE TRUCK WILL BE NEEDED TO REMOVE THE STUCCO AND THE WOOD.

THE CONTRACTOR HAS SAID IT'S NOT A VIABLE OPTION TO MOVE ALL OF THE DAMAGE STUCCO AND WOOD THROUGH THE INTERIOR BUILDING.

THEY DID LOOK AT THAT.

THEY NEED A TRUCK TO REMOVE ALL OF THE DAMAGE MATERIAL FROM THE PARKING LOT AS SEEN IN THIS PHOTO.

CAN YOU SHOW THE NEXT LINE.

THAT'S THE SAME PHOTO JUST A DIFFERENT VIEWPOINT.

THE FOLLOWING PICTURES ARE PICTURES OF THE INTERIOR DAMAGE.

THIS CAN ONLY BE REPLACED ONCE THE EXTERIOR WORK IS DONE.

THAT WOULD INCLUDE AGAIN REPLACING SOME OF THE STUDS.

NEXT PHOTO.

ANOTHER VIEWPOINT.

NEXT PHOTO.

HERE IN THIS PARTICULAR PHOTO VEHICLE WHEN IT CRASHED AND PENETRATED THE STUCCO AND PLYWOOD.

LEFT AN AIR GAP TO THE OUTSIDE.

THE GAP HAS BEEN, YOU CAN SEE A BIT OF SUNLIGHT COMING THROUGH.

IT'S BEEN TEMPERAMENT COVERED BY THE PLYWOOD.

AGAIN THE CONTRACTOR WILL ASSESS THE EXTERIOR FROM THE PRO COMP PROPERTY TO REMOVE THE STUCCO AND THE DRIVE ALL AND IT WILL BE PAINTED.

[00:45:02]

THE FOLLOWING PICTURES THAT INITIALLY IT WILL SHOW SOME OF THE DAMAGE INSIDE OF THE PROPERTY WHICH IS DAMAGE TO THE STUDS AND INSTALLATION.

WHILE SOME OF THE WORK RELATED TO THE STUDS CAN BE DONE INSIDE OF THE BUILDING SOME WILL HAVE TO BE DONE FROM THE EXTERIOR.

HERE ARE SOME OF THE DAMAGE.

AGAIN ANOTHER LOOK.

AND THE LAST LIGHT HERE, IF YOU CAN GO BACK TO THE LAST PICTURE.

THIS IS A PICTURE TAKEN INSIDE THE BUILDING.

YOU COULD SEE THE DAMAGE OF WHAT NEEDS TO BE REPLACED.

THIS HAS TO BE DONE FROM THE EXTERIOR OF THE BUILDING.

SO AGAIN, THE ISSUE HERE IS THE LOCATION OF THE DAMAGE.

THE SOCIAL SECURITY BUILDING, I THINK THAT AREA AND THAT LANDSCAPE PLANTER IT MAY BE 12 INCHES AT BEST MAYBE 18.

THE PROPERTY OWNER HAS TRIED TO SEEK CONSENT FROM PRO, WITH RESPECT TO ENTERING THAT PROPERTY.

THEY HAVE NOT BEEN SUCCESSFUL.

PRO, IS NOT PROVIDED IS CONSENT.

THERE IS A CURRENT DISPUTE STATED BY PRO COMP THAT THE SOCIAL SECURITY BUILDING ENCROACHES ON ITS PROPERTY AND IT ACTUALLY SITS ON PRO COLUMNS PROPERTY BUT, I GET THIS DISPUTE STATED IN THE REPORT AND THE ISSUES OF THE ENCROACHMENT IS NOW BEFORE THE COUNCIL.CITY FOR THE PROPERTY IS LOCATED THAT THEY ADOPTED RESOLUTION CONSENTING TO THIS ACQUISITION.

AND ESSENTIALLY WE ARE PROVIDING TURNING OVER OUR POWER TO THEM AND OUR AUTHORITY TO THEM TO CONDUCT THE REPAIRS.

WITH RESPECT TO THE AUTHORITY IT'S LIMITED.

IT'S LIMITED THE RESOLUTION TO A TEMPORARY RIGHT OF ENTRY TO REPAIR THE DAMAGE.

IN THIS CASE THERE SEEKING A 7900 SQUARE-FOOT TEMPORARY RIGHT OF ENTRY FOR INGRESS AND EGRESS.

A STAGING AREA OF WORK AREA.

THIS IS A SMALL PORTION OF THE OVERALL PRO, PROPERTY WHICH IS 2.42 ACRES ESSENTIALLY HUNDRED 5 THOUSAND SQUARE FEET.

THE CONTRACTOR HAS STATED THAT IT WILL TAKE 7 BUSINESS DAYS TO MAKE THE NECESSARY REPAIRS.

THUS LISTED IN THE RESOLUTION.

THAT THERE'S NO OTHER ACCESS TO THE BUILDING THAT'S FEASIBLE.

HERE IS A SITE PLAN THAT DEPICTS THE SQUARE FOOTAGE AREA.

IT'S MARKED WITH HATCH MARKS.

OVER TO THE VERY TOP WE WILL SEE SOCIAL SECURITY ADMINISTRATION BUILDING.

THAT'S WHERE THE DAMAGE TO THE BUILDING HAS BEEN DONE.

THEN ON THE BOTTOM RIGHT CORNER IS THE INGRESS AND EGRESS AND STAGING AREA TO BE ABLE TO GET ONTO THE PROPERTY, THE PORTION OF THE PROPERTY THAT'S NECESSARY TO FIX THE BUILDING AND ALL OF THAT YOU WILL SEE IS JUST PARKING AREA THAT EXISTS RIGHT NOW.

A LITTLE FUZZY BUT THAT'S ESSENTIALLY A CLOSER LOOK.

THE YELLOW IS WHERE THE DAMAGE IS TO THE BUILDING.

THESE ARE THE PARKING STALLS THAT WILL BE UTILIZED TO FIX THE BUILDING AND BRING THE TRUCKS AND MAKE THE REPAIR.

THE REQUIRED FINDINGS AND THOSE ARE IN THE RESOLUTION BEFORE YOU.

THE FIRST FINDING IS THAT WE NEED TO FIND THE NECESSITY TO REPAIR THE BUILDING DAMAGE.

AND IT IS A GREAT NECESSITY TO USE A TEMPORARY RIGHT OF ENTRY TO ACCESS TO THE BUILDING TO COMPLETE THE REPAIRS.

THE WORK CANNOT BE DONE SAFELY WITHOUT ENTRY.

BORRA-LAFIND CANNOT COMPLETE THE WORK WITHOUT ACCESS TO THE PROPERTY AND THERE'S NO SAFE WAY TO CONDUCT THE REPAIR WORK.

THE PROPERTY WITHOUT REPAIR ADVERSELY AFFECTS THE SURROUNDING COMMUNITY.

[00:50:21]

IN THIS CASE WE HAVE SOCIAL SECURITY BUILDING THAT HOUSES EMPLOYEES.

IT IS AN EYESORE TO THAT PARTICULAR BUILDING AS WELL.

AND IT CAN AFFECT THE CONDITIONS OF THE EMPLOYEES WITH RESPECT TO HAVING THAT AIR COME THROUGH IN THE WORK AREA IN THE INTERIOR.

AND ALL THIS INFORMATION IS LISTED IN THE STAFF REPORTS.

THE NEXT SLIDE PLEASE.

THE SECOND FINDING IS THAT THE QUASI-PUBLIC ENTITY AND THAT IS FOR BORRA-LAFOND WILL USE THE RIGHT OF ENTRY THAT WILL PROVIDE THE LEAST DAMAGE THE LEAST INCONVENIENCE OR LESS ANNOYANCE AND ITS CONSISTENT WITH THE SATISFACTORY COMPLETION OF THE REPAIRS.

AGAIN, AS I STATED PREVIOUSLY IT'S A SMALL AREA.

IT'S VERY, IT'S NOT GOING TO BE AN INCONVENIENCE WITH RESPECT TO USING THE EXISTING PARKING LOT.

IT'S IN THE BACK OF THE BUILDING.

THE SCOPE OF THE WORK IS VERY CONSISTENT WITH COMPLETING THOSE REPAIRS.

LAST IS THE HARDSHIP TO THE QUASIPUBLIC ENTITY WHERE BORRA-LAFOND OUTWEIGHS ANY HARDSHIP TO THE SUBJECT PROPERTY.

HERE THERE'S A HOLE IN EXTERIOR.

THERE IS DAMAGE OF THE INTERIOR.

THIS BUILDING ACTIVELY IS AN ACTIVE BUILDING, HOUSES NECESSARY PUBLIC SERVICE AND THIS OUTWEIGHS THE MINIMAL IMPACT PRO COLUMNS PROPERTY.

ONCE THE CITY COUNCIL ADOPTS THE RESOLUTION IT MUST DO SO BY A VOTE.

THEN WHAT HAPPENS? FIRST, THEY TAKE THAT RESOLUTION AND THEY CAN THEN COMMENCE EMINENT DOMAIN PROCEEDING IN COURT.

FOLLOWING ALL THE CRITERIA OF THE LAW TO SEEK THIS TEMPORARY RIGHT OF ACCESS.

THEY COULD NOT ANSWER THE PRO COLUMNS PROPERTY WITHOUT A COURT ORDER PERMITTING ENTRY.

OR THEY HAVE TO GET A JUDGMENT THAT WOULD BE ENTERED IN THEIR FAVOR.

THEY WOULD HAVE TO MAKE A DEPOSIT OF SECURITY IN THE AMOUNT ORDERED BY THE COURT AND THEY WOULD HAVE TO PAY THE SUBJECT PROPERTY OWNER FOR THE REASONABLE RENT FOR THE TEMPORARY RIGHT OF ENTRY.

WHEN IS THE CITY'S INVOLVEMENT OF THE PASSIVE RESOLUTION AFTER ITS ADOPTION.

THE CITY HAS NO INVOLVEMENT.

THE CITY WOULD NOT BE PART OF ANY PROCEEDINGS BY BORRA-LAFOND.

STATE LAW PROVIDES A CITY IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE ACQUISITION OF THE TEMPORARY RIGHT OF ENTRY.

BORRA-LAFOND IS REIMBURSING THE CITY'S COST WHICH HAS BEEN THE COST FOR THE EMINENT DOMAIN ATTORNEY IN MY OFFICE AND SOME COST FO MYSELF AND THEIR PARTIES SUBMITTED A $5000 DEPOSIT AS WELL AND RESOLUTION FOR ADOPTION WOULD REQUIRE A FORCE FOR VOTE.

I HAVE THE LINE THE ATTORNEYS REPRESENTING BORRA-LAFOND AND THEY ARE IN THE SAME OFFICE.

IF THE CITY CLERK CAN BRING THEM ON, THIS IS MR. LAFOND AND MR. KNIGHTON.

>> THEY ARE PRESENT.

>> ARE THEY ON? GREAT.

>> GOOD EVENING THIS IS ROBERT GILLELAND JOINING M IS ATTORNEY MICHAEL KNIGHTON.

WE THANK YOU TO THE CITY COUNCIL AND STAFF AND THE CITY ATTORNEY.

FOR THE TIME AND ASSISTANCE REGARDING THE HEARING OF THIS MATTER.

WE APPRECIATE YOU GIVING US THE OPPORTUNITY TO BE HEARD.

WE FEEL THIS IS ABSOLUTE NECESSARY APPROACH.

WE'VE ASKED, PERSONALLY REACHED OUT ACROSS TO PRO,, THERE ATTORNEY ON THE LESS THAN 4 OCCASIONS IN WRITTEN AS WELL AS PHONE CALLS.

UNFORTUNATELY THEY REFUSE ALL REASONABLE REQUEST.

WE WERE LEFT WITH NO OTHER OPTION BUT TO PROCEED WITH THE COURT'S INVOLVEMENT AND REQUEST THIS ASSISTANCE WE CAN GET ACCESS TO REPAIR THIS VERY IMPORTANT BUILDING THAT SERVES THE PUBLIC.

ALSO AS YOU CAN SEE FROM THE PHOTOGRAPHS THERE IS A LIFE SAFETY ISSUE AT HAND AND WE HAVE BEEN PREVENTED FROM TAKING ANY ACTION TO BE ABLE TO CORRECT IT BECAUSE LOGISTICALLY THERE IS NO OTHER OPTION OTHER THAN TO GAIN SOME SORT OF ACCESS TO THIS NEIGHBORING PROPERTY AND THAT'S WHY WE ARE HERE.

I THINK THE SUBMITTAL THAT IS BEEN PRESENTED TO THE COUNCIL, PRETTY MUCH SUMS UP ALL ISSUES AND IF YOU HAVE ANY FURTHER QUESTIONS I WILL BE HAPPY TO TRY TO ANSWER ANY OF THOSE QUESTIONS AND THANK YOU AGAIN FOR YOUR TIME AND ASSISTANCE.

>> MAYOR, WE PROVIDED NOTICE IS REQUIRED BY STATE LAW TO THE PROPERTY OWNER AND I PROVIDED A COURTESY NOTICE TO THEIR GENERAL COUNSEL WHO I HAD CONVERSED WITH BEFORE AS DID MARK SCOTT.

THEY ARE ALSO I THINK WANT TO SPEAK BUT BEFORE WE HEAR FROM THEM I'M HAPPY TO ANSWER ANY QUESTIONS.

MISTY HAS TO HAVE ANY QUESTIONS OF OUR CITY ATTORNEY? COUNSEL?

THANK YOU.

>> I'VE QUESTIONS.

>> YES, GO RIGHT AHEAD.

[00:55:01]

>> CITY ATTORNEY THE NORMAL COURSE OF ACTION IN SITUATION WHERE ONE PROPERTY OWNER HAS CAUSED DAMAGE TO A SECOND PROPERTY OWNER IS THAT THERE IS AN INSURANCE CLAIM FILED.

WE HAVE EVIDENCE OF THAT?

>> I WILL DEFER TO COUNSEL FOR BORRA-LAFOND FOR THAT.

I WOULD PREFER NOT TO HEAR FROM THIRD PARTIES.

I WILL HEAR FROM OUR CITY ATTORNEY.

>> AM NOT AWARE OF AN INSURANCE CLAIM FILED.

I'M AWARE OF THE ATTEMPTS BY THE PROPERTY OWNER TO SEEK ACCESS TO THE PROPERTY TO CONDUCT THE WORK.

>> OKAY WELL, I WOULD NEED EVIDENCE OF THAT STEP BEING TAKEN FORWARD BEFORE CAN CONSIDER THIS MATTER.

SECONDLY, THE DEFENDANT, IF YOU WANT TO CALL HIM DEFENDANT IS NOT SURE TO REFER TO HIM AS, THE SECOND PARTY HAS ALLEGED THAT THIS PROPERTY OWNER HAS INFRINGED INTO HIS PROPERTY.

AND I DO NOT APPRECIATE BEING BROUGHT INTO A DISPUTE BETWEEN 2 PROPERTY OWNERS AS TO WHERE THE PROPERTY LINE HAS BEEN DRAWN.

HAS THE INITIAL PROPERTY OWNER, WHO HAS CLAIMED THE HARM HAD A SURVEY CONDUCTED?

>> UNDERSTAND THAT A SURVEY WAS CONDUCTED.

I BELIEVE FROM THE VIEWPOINT OF BORRA-LAFOND THAT IT IS CONSISTENT WITH THEIR POSITION THAT THERE IS NO ENCROACHMENT.

THAT ISSUE HAS NOT BEEN LITIGATED.

WE POINTED THAT OUT IN THE REPORT.

WITH RESPECT TO THE ACTION THAT IS BEFORE THE COUNCIL THAT MATTER OF THE PROPERTY LINE DISPUTE WOULD NOT HAVE BEARING IN THIS CASE AS THE COURT PROCESS IS ASKING THE CITY TO ALLOW THEM TO ENTER THE PROPERTY FOR REPAIR.

IT DOES NOT BEAR ON THE PROPERTY LINE DISPUTE.

HOWEVER, I SUPPOSE THAT IF THIS RESOLUTION IS ADOPTED COURT IN THE EMINENT DOMAIN ACTION CAN TAKE THAT INTO CONSIDERATION.

>> ACCORDING TO THE SURVEY THE BUILDING FROM COMPONENT DOES NOT INFRINGE ON THE SECOND PARTY?

>> THAT IS MY UNDERSTANDING.

AGAIN, THE PROPERTY OWNER'S REPRESENTATIVE IS AVAILABLE TO ANSWER AND CONFIRM THAT.

THE QUESTION REMAINS, THE NORMAL COURSE OF ACTION WHICH IS TO FILE AN INSURANCE CLAIM RATHER TO DRAG THE CITY INTO A PROPERTY DISPUTE.

WE USUALLY DO NOT GET INVOLVED IN PROPERTY DISPUTES.

SO THIS IS A VERY UNUSUAL CASE.

I TAKE IT VERY SERIOUSLY.

I DO NOT WANT TO GET INVOLVED IN LESS ALL MEASURES HAVE BEEN EXHAUSTED.

>> THE DISPUTE THAT IS THE ITEM THAT IS BEFORE THE COUNCIL IS NOT TO RESOLVE.

THE BOUND AREA DISPUTE.

IF AN INSURANCE CLAIM WAS FILED AND I WOULD SUPPOSE THAT A BUSINESS COMPANY WOULD FILE A CLAIM.THE REPAIR IS PAID BY THE INSURANCE COMPANY.

>> I'M NOT ASKING ABOUT TH REPAIR BEING PAID.

ASKING IF THE INSURANCE COMPANY RECOGNIZES THIS AS A VALID CLAIM.

IF THAT COULD BE PROVIDED TO ME AND THE PROPERTY OWNER STILL DENIES ACCESS THAT I WOULD GET INVOLVED.

IF THE INSURANCE COMPANY ACKNOWLEDGES THIS IS A VALID CLAIM WHICH IT SOUNDS LIKE IT IS A VALID CLAIM THAT I WOULD CONSIDER A CITY INVOLVEMENT IF THE PROPERTY OWNER IS NOT COOPERATING.

THAT HAS NOT BEEN PROVEN TO ME SO THE BURDEN OF DOUBT IS ON THE COMPONENT.

>> UNDERSTOOD.

>> THANK YOU COUNCILMEMBER AMITH.

AT THIS POINT CITY ATTORNEY I WILL CONTINUE TO ASK TO SEE IF THERE'S ANY OTHER QUESTIONS FROM COUNSEL.

THIS IS SOMETHING WE NEED TO CONTINUE OR DO I TAKE.

>> WOULD ASK IF THERE ARE ANY OTHER QUESTIONS FROM THE COUNCIL.

I WOULD THEN ASK YOU TO HEAR FOR THE PUBLIC COMMENT FROM MR. SMITH WHO WAS THE REPRESENTATIVE FROM PROTOCOL.

AND ASK IF THE REPRESENTATIVE FROM THE BORRA-LAFOND HAS ANY OTHER COMMENTS THEN COME BACK TO THE COUNCIL FOR ANY COMMENTS.

AN ADDITIONAL QUESTIONS THAT WE CAN SEE WHERE WE GO FROM THERE.

[01:00:02]

WE HEARD FROM COUNCIL MEMBER AMITH.

DOES ANY OTHER CANCEL MEMBER HAVE ANY QUESTIONS AT THIS TIME?

>> LIKE TO HEAR FROM THE OTHER PARTY.

>> THANK YOU MR. MILLER.

>> I WOULD TOO.

WE LIKE TO HEAR FROM EITHER PARTY.

>> MADAME CITY CLERK WE PU MR. SMITH ON PLEASE.

>> IS ON THE ZOOM.

MR. SMITH?

>> YES, HELLO.

I'M A MUTED THANK YOU FOR HAVING US.

TO ADDRESS THE ISSUE OF THE ENCROACHMENT AND IT IS OUR POSITION THAT THE WALL TO BE REPAIRED ENCROACHES ON PRO-COMPS PROPERTY.

THAT COULD BE SEEN IN THE WRITTEN MATERIALS THAT WE SUBMITTED I CAN'T SHARE THEM WITH YOU ON THE SCREEN HERE.

IF YOU LOOK AT EXHIBIT A IS A GRADING PLAN OF THE PROPERTY AND IT NOTES AN EXISTING 6 FOOT ANIMAL ON PRO-COMPS PROPERTY.

IF YOU LOOK AT EXHIBIT B WHICH ARE PHOTOS YOU CAN SEE THAT AT SOME POINT THAT THE PRE-EXISTING GARDEN WALL WAS CUT AND THE BUILDING WALL WAS EXTENDED INTO THE SPACE PREVIOUSLY OCCUPIED BY THE GARDEN WALL.

THAT IS ALSO YOU CAN SEE SOME OF THAT IN THE FIRST PHOTO OF THE CITY ATTORNEYS PRESENTATION.

NOW, IT'S TRUE WE ARE NOT HERE TODAY TO RESOLVE BOUNDARY DISPUTE ENCROACHMENT ISSUE.

HOWEVER IT IS STILL PERTINENT TO THE QUESTIONS BEFORE THE COUNCIL BECAUSE THE COUNSELOR NEEDS TO FIND THAT ALL 3 OF THE CRITERI FOR EMINENT DOMAIN ARE MET.

IN HERE AT LEAST 2 OF THEM OR NOT.

SO PART 2 REQUIRES THAT THE REPAIR WILL BE DONE IN A MANNER WITH THE LEAST DAMAGE TO THE PROPERTY.

THAT'S PRO-COMPS PROPERTY AT LEAST INCONVENIENCE OR ANNOYANCE TO THE OWNER THEREOF.

ACCESSING PROPERTY, GETTING OF RIGHT OF ENTRY THROUGH PRO-COMPS PROPERTY TO REPAIR A WALL THAT ENCROACHES ON PRO-COMPS PROPERTY DOES NOT TO THE LEAST DAMAGE TO PRO-COMPS PROPERTY.

AND LIKEWISE THE BALANCE OF HARDSHIPS DOES NOT CLEARLY FAVOR BORRA-LAFOND IN THE SITUATION.

WE HAVE A DAMAGED WALL AND PROCOMMUNIST POINTING OUT THAT WALL IS ON OUR PROPERTY.

SO THE BALANCE, THE HARDSHIP TO PRO, OUTWEIGHS THE HARDSHIP TO BORRA-LAFOND OR TO PUT IT IN STATUTORY TERMS, BORRA-LAFOND HAS TO DEMONSTRATE THAT THE HARDSHIP TO IT CLEARLY OUTWEIGHS THE HARDSHIP TO PRO, AND WE SUBMIT THAT IT DOES NOT WHEN YOU'RE SEEKING A RIGHT OF ENTRY TO REPAIR A WALL THAT IS IMPROPERLY LOCATED ON OUR PROPERTY.

SO THAT'S WHERE THE ENCOURAGEMENT ISSUE DOES OVERLAP WITH THE ISSUES BEFORE THE CITY COUNCIL THIS RESOLUTION.

WE BELIEVE THEY REQUIRE TH CITY COUNCIL HAS KNOWN TH RESOLUTION BECAUSE THE CRITERIA FOR EMINENT DOMAIN ARE NOT MET.

BEFORE I POINT OUT MAY BE MISTAKEN, THAT THAT THE CURB WAS A DELINEATION OF THE PROPERTIES.

ADAM MAYOR WE HAVE SPEAKER FOR BORRA-LAFOND FOLKS AS WELL.

MR. MICHAEL KNIGHTON.

>> THIS IS ROBERT GILLELAND AGAIN I REPRESENT BORRA-LAFOND HOPE YOU CAN HEAR AND SEE ME.

I WANT TO RESPOND TO COUPLE OF THE COMMENTS FIRST BY THE COUNCIL REGARDING THE INSURANCE CLAIM.

THE INSURANCE CLAIM WAS MADE AND THEY'VE AGREED THAT THERE WAS A VALID CLAIM AND THERE WILL BE MONIES PAID IN PART TO HELP PAY FOR THE REPAIR BUT THAT

[01:05:06]

DOESN'T GET US TO THE POINT OF BEING ABLE TO ACTUALLY REPAIR THE BUILDING THAT'S MEMBER HERE IS TO RESPECTFULLY IS TO GET ACCESS SO WE CAN MAKE THE NECESSARY REPAIRS TO THE BUILDING.

ALSO POINT OUT MY CLIENT BORRA-LAFOND PROPERTIES PURCHASE THIS PROPERTY IN ITS CURRENT CONDITION.

WE DIDN'T BUILD THE PROPERTY.

WE BROUGHT THE PROPERTY AN THE OTHER POINT COUNSEL SHOULD RECOGNIZES THAT THE INDIVIDUAL WHO CRASHED INTO THE SIDE OF MY CLIENTS BUILDING WAS A GUEST OF PRO, INVESTMENTS.

WERE TRYING TO GET THE BUILDING FIXED THIS IS THE ONLY WAY LOGISTICALLY THAT CAN BE DONE.

ALSO, REGARDING THE TIMELINE THAT'S REASONABLE.

WE TRY TO BE AS REASONABLE AS WE CAN.

IN TERMS OF THE EASEMENT OR CIVIL ENGINEER.

WE HAD A CIVIL ENGINEER IN THE VALLEY.

BEEN HERE FOR MANY YEARS.

IT'S OUR POSITION THAT THE PROPERTY IS WITHIN OUR PROPERTY RIGHTS.

IT'S ON THE LINE.

IN A PROGRAM INVESTMENTS TAKES A DIFFERENT POSITION ON OUT.

THAT'S A BATTLE OF THE EXPERTS IF YOU WILL.

THAT'S TO BE DECIDED AT A LATER DATE.

FOR OUR PURPOSES AND THAT WILL BE DECIDED BY THE COURT IF WE NEED TO.

BUT, WE HAVE, THIS IS BEEN SUBMITTED, THIS DECLARATION BY MR. FIERRO TO THE COURT.

THE COURT HAS IT.

FOR TODAY'S PURPOSES THAT'S NOT THE ISSUE.

ISSUE IS TEMPORARY ACCESS JUST TO CORRECT OR REPAIR THIS DAMAGE SO IT'S NOT A LIFE SAFETY ISSUE.

THIS IS A VERY IMPORTANT BUILDING THAT NEEDS TO BE CORRECTED AND THIS IS WHY WE ARE HERE AND WE RESPECTFULLY REQUEST THAT THE RESOLUTION BE GRANTED BY COUNSEL.

DO WE HAVE ANY OTHER PUBLIC COMMENTS?

>> THAT IS ALL.

>> NUMBER COMMENTS.

>> THANK YOU MADAM MAYOR.

>> THANK YOU.

AT THIS POINT I LIKE TO GO BACK TO COUNSEL MEMBER AMITH.

GIVEN THE CURRENT RECENT DIALOGUE ARE YOU COMFORTABLE WITH THE ANSWER TO THE QUESTION TO INSURANCE ANY READY TO MOVE FORWARD ON THIS? VOTE? REX UNCOMFORTABLE WITH THE RESPONSE TO THE INSURANCE.

I STILL DO NOT BELIEVE IT IS THE APPROPRIATE TIME FOR THE CITY TO GET INVOLVED.

I BELIEVE THE COURTS NEED TO TAKE POSITION BEFORE WE GET INVOLVED.

>> THANK YOU FOR COMMENTS.

AT THIS POINT I DO NEED TO ASK THE QUESTION.

DO I HAVE ANYONE THAT WISHES TO MAKE A MOTION ON THIS?

>> CAN ASK A QUICK QUESTION OF OUR ATTORNEY IF I COULD MADAM MAYOR.

I'LL MAKE THE MOTION ONCE ASKED THE QUESTION.

ROXANNE, YOU SAID THAT COURTS AFTER WE GRANT THIS WITH AND DECIDE IF IT WAS RIGHT FOR THEM TO BE ABLE TO GO IN TO REPAIR THIS BUILDING.

IS THAT CORRECT?

>> THAT IS CORRECT.

>> TECHNICALLY JUST GRANTING IT IN THE COURT WILL HAVE THE FINAL SAY IF THEY CAN GO ONTO THAT PROPERTY AND THEY WILL HAVE TO MAKE THAT ARGUMENT OF WHY THEY CAN BE.

>> WERE GRANTING THEM THE AUTHORITY TO GO INTO COURT TO MAKE THAT ASK.

>> SO THEY'RE ASKING THE JUDGE.

ASK NOEL, NOEL, WE ARE GIVING THEM AUTHORITY.

THEY DON'T NEED THE COURT.

>> WE ARE GIVING THEM THE AUTHORITY OF EMINENT DOMAIN TO GO IN FOR THE TEMPORARY RIGHT OF ENTRY.

IT IS THE COURT HOWEVER THAT WILL MAKE THE DETERMINATION WHETHER THEY WILL GRANT THE TEMPORARY RIGHT OF ENTRY.

>> OKAY THE COURT EVENTUALLY HAS FINAL SAY EVEN THOUGH WE GRANT THIS NOW?

>> YES.

>> THAT'S WHAT I THOUGHT.

OKAY.

I THINK IT'S SAD OR IN THIS POSITION MYSELF BUT I'LL MAKE THE MOTION TO ADOPT THE RESOLUTION NUMBER 10 199 PURSUANT TO THE CODE OF CIVIL PROCEDURE SECTION 1245 Â" 3:30.

CONSENTING TO EMINENT DOMAIN PROCEEDING BY BECAUSE I PUBLIC ENTITY BORRA-LAFOND PROPERTIES FOR TEMPORARY RIGHT OF ENTRY TO MAKE ANY NECESSARY REPAIRS AND MAKE THE DETERMINATION THAT EACH OF THE CONDITION REQUIRED BY CIVIL CODE SECTION 1002 APPEARS TO EXIST FOR THE PROPERTY LOCATED AT 6845 MONROE STREET.

>> THANK YOU VERY MUCH COUNCILMEMBER MILLER.

DO I HEAR A SECOND?

>> I WILL SECOND IT.

>> SECOND FROM COUNCILMEMBER ORTIZ.

CITY CLERK, WE HAVE ROLL CALL PLEASE.

[01:10:03]

>> RIGHT.

THANK YOU MADAM MAYOR.

>> VERY MUCH.

ON TO THE NEXT ITEM.

ENFORCEMENT, FIRE AND PARAMEDIC SERVICES 2004 Â" 3 TERRA LAGO AREA NUMBER

[11.a. Public Hearing to approve annual Resolution Nos. 10201, 10202, 10203, 10204, authorizing the levy of a special tax for the City of Indio Community Facilities Districts: 2004-1 (Law Enforcement, Fire and Paramedic Services), 2004-2 (Law Enforcement, Fire and Paramedic Services), 2004-3 (Terra Lago Area No. 1), 2005-1 (Talavera Area No. 1 and No. 2), and 2006- 1 (Sonora Wells) for Fiscal Year 2021/2022 (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Approve]

ONE, 2005 Â" ONE TALAVERA AREA NUMBER ONE AND NUMBER 2 AND 2006 Â" ONE SONORA WELLS FOR FISCAL YEAR 2021/2022.

MR. ROCKWELL.

>> GOOD EVENING FOR THE PUBLIC ON ROB ROCKWELL ASSISTANT CITY MANAGER AND FINANCE DIRECTOR.

FOR THIS ITEM THE AGENDA ITEM BEFORE YOU THERE ARE 4 RESOLUTIONS THAT AFFECT 6 COMMUNITY FACILITIES DISTRICTS.

WHICH ARE BASICALLY FINANCING INSTRUMENTS OR ASSESSMENT DISTRICTS.

2 OF THE 6 DISTRICTS EXIST TO GENERATE FUNDS SPECIFICALLY FOR LAW ENFORCEMENT, FIRE PROTECTION AND PARAMEDIC SERVICES OF THE CITY TO GENERATE $4 MILLION A YEAR.

THE OTHER 4 DISTRICTS WERE CREATED TO FUND IF A STRUCTURE WITHIN THEIR RESPECTIVE BOUNDARIES.

TYPICALLY WITHIN A DEVELOPMENT IN THIS CASE WITHIN A SPECIFIC HOUSING HOMEOWNERS ASSOCIATION.

FOR THE 2 PUBLIC SAFETY CFT'S STAFF SEEKING APPROVAL TO INCREASE THE ANNUAL ASSESSMENT 2 PERCENT.

$9.88 FOR PARCELS WITHIN THE DISTRICTS IN ACCORDANCE WITH THE CFT FORMATION DOCUMENTS WHICH WILL BRING THE ANNUAL ASSESSMENT UP TO $504.80.

STAFF IS SEEKING APPROVAL RELATED TO THESE SPECIFIC TO PUBLIC SAFETY CFT'S.

AUTHORIZATION TO HAVE THE FEES COLLECTED BY THE RIVERSIDE COUNTY AUDITOR CONTROLLER'S OFFICE OF THE PROPERTY TAX, BILLING AND PROCESS.

FOR THE 4 INFRASTRUCTURE DISTRICTS, STAFF IS SEEKING APPROVAL TO HAVE THOSE FUNDS NECESSARY TO COVER NEXT YEAR'S BOND PAYMENTS.

THROUGH THE CONTROLLERS AN PAYMENT PROCESS TOTALING ABOUT $3 MILLION.

LASTLY I WANT TO MENTION TO THE COUNCIL THAT THIS ITEM IS AN ANNUAL ITEM THAT WE BRING UP ROUTINELY EVERY YEAR.

WITH THE SAME ACTIONS TO TAKE BY THE CITY COUNCIL SINCE THE CFT'S ORIGINALLY CREATED BACK IN 2004, 2005 AND 2006.

THAT CONCLUDES MY COMMENTS MADAM MAYOR.

STAFF IS ASKING THE COUNCIL APPROVE THE RESOLUTIONS FOLLOWING THE PUBLIC HEARING.

>> MR. ROCKWELL CAN I ASK A QUESTION.

WOULD WE BE OPPOSING THE ASSESSMENT? IS IT ANNUAL IMPOSITION?

>> MORE SPECIFIC?

>> IS THIS RESOLUTION TO ADOPT THE ANNUAL LEVY?

>> YES.

>> THERE'S BEEN SOME WHO SELL CHANGES THAT HAVE BEEN MADE TO AND OVER THE YEARS WITH RESPECT TO THE STANDARDS FOR A FINANCIAL INTEREST IN REAL PROPERTY.

I CALL IT THE 12 STEP PROGRAM.

WITH THAT SAID THIS DOES LOOK AND I'M LOOKING AT THE RULE RIGHT NOW THAT THIS COULD BE A CONFLICT OF INTEREST FOR BOTH YOURSELF BECAUSE YOU'RE IN TERRA LAGO IN YOUR IN SONORA WELLS SO WHAT I WOULD RECOMMEND IS THE 2 OF YOU ABSTAINING FROM PARTICIPATING IN THIS ACTION AND WE WILL HAVE YOU TURN OFF YOUR MIKE AND YOUR CAMERA AND THAT THE DECISION WILL BE LEFT FOR THE 3 REMAINING COUNCILMEMBERS.

>> WE ARE NOT ABLE TO VOTE ON AREAS OUTSIDE OF OUR AREA OF CONFLICT.

>> RIGHTS.

MR. ROCKWELL IS SONORA WELLS AND TERRA LAGO OF THE INDIVIDUAL INDIVIDUAL?

>> YES THEY ARE SEPARATE.

>> WE CAN SEPARATE THOSE 2 RESOLUTIONS THAT WAY WE WILL HAVE 4 ON SONORA WELLS.

FORD MEMBERS TERRA LAGO AND 5 MOVERS FOR THE REST OF THEM.

SO IF YOU WILL GIVE ME A MOMENT SO I CAN AND WOULD BE MR. ROCKWELL CAN ASSIST ME WITH THE RESOLUTION NUMBERS.

>> 'SNOTICES APPLY TO LONG-TERM LEASES AND MONTH-TO-MONTH OR ONLY LONG-TERM LEASES?

>> IT APPLIES TO PROPERTY OWNERSHIP.

[01:15:07]

>> SO COUNCIL MEMBER FIRM AND DOES NOT OWN.

>> ABBOTT I PAY INTO SOMEBODY, IT MAY BE A CONFLICT WITH THE LANDLORD FROM PUTTING ON SOMETHING HE OR SHE MAY HAVE TO PAY ON.

>> THAT DOESN'T BEAR RELEVANCE.

YOU'RE NOT OWN ANY LEASE.

AT THIS POINT MONTH-TO-MONTH.

>> THAT'S OPEN TO DISCUSSION.

SAINT IS A CONFLICT WITH THE CITY ATTORNEY? THAT'S WHAT I'M ASKING?

>> AT THIS POINT IS MONTH-TO-MONTH HE SUCCEEDED THE FIRST YEAR.

>> IS AN ANNUAL LEASE THAT WOULD BE A LEASEHOLD INTEREST.

THAT WOULD BE COVERED.

THE MONTH-TO-MONTH IS NOT CONSIDERED A LEASEHOLD INTEREST.

>> SO I APOLOGIZE THIS IS A PUBLIC HEARING SO I CAN ASK IF ANY COUNSEL HAS ANY COMMENTS OR QUESTIONS OF MR. ROCKWELL AT THIS POINT? OKAY, THAT I'M GOING TO OPEN THE PUBLIC HEARING.

PUBLIC HEARING IS OPEN.

DOES ANYONE THE PUBLIC WISH TO SPEAK?

>> I HAVE NO COMMENTS MARY.

>> I WILL CLOSE THE PUBLIC HEARING.

THERE ARE CERTAIN RESOLUTIONS I THINK.

>> I COULD HELP AS WELL MR. ROCKWELL IS READY TO HELP ME AS WELL.

LOOKS LIKE SINCE THE PUBLIC HEARING DISCLOSED THAT THE FIRST ITEM WOULD BE TO ADOPT RESOLUTION 10201.

AND IT WOULD BE TO ADOPT RESOLUTION LET'S EAT RESOLUTION 10203.

>> THE FIRST ACTION WOULD BE TO ADOPT 10201.

WHICH EFFECTIVELY IS THE COMMUNITY FACILITY CFT AND I BELIEVE THERE ARE NO CONFLICTS WITH THAT PARTICULAR ITEM.

WE CAN TAKE THEM SEPARATELY IF YOU LIKE.

>> OR DO WE WANT TO AGGREGATE THE 3 OF THEM FOR WHICH THERE ARE NO CONFLICTS.

>> OKAY, THE SECOND RESOLUTION WOULD BE 410202 FOR THE COMMUNITY FACILITIES DISTRICT 2004 Â" 3.

THAT WOULD BE TERRA LAGO.

SO WE WOULD TAKE 10203 FOR THE CORRECTION THAT WOULD BE TALAVERA AND THERE'S NO CONFLICTS OF INTEREST THUS THE 2 WE CAN TAKE.

THE CONFLICTS.

>> CORRECT.

AT THIS POINT I WOULD LIKE TO ASK FOR A MOTION TO APPROVE ANNUAL RESOLUTION NUMBERS 10102 AND 1010 3.

>> I WILL MAKE RESOLUTION FOR 101 0203 5 A SECOND FOR COUNCILMEMBER MILLER.

ALL HAVE THEIR HOMES SOME OF THE CHILDREN OF HER MIKE, THERE WE GO.

UNTIL MR. FURMAN AS MAYOR PRO TEM YOU COULD ASK FOR A MOTION OF ADOPTION OF RESOLUTION 10202.

>> CAN I HAVE A MOTION FOR RESOLUTION NUMBER 10 202.

COMMUNITY FACILITIES.

>> I WILL MOTION TO APPROVE MOTION 10102.

>> I WILL SECOND THAT.

>> OKAY ROLL CALL.

>> MOTION PASSES.

>> MR. FURMAN I WOULD ASK YOU TO BECAUSE WERE IN THE SAME ENVIRONMENT LEAVE THE DIOCESE IF YOU CAN TURN OFF YOUR MIKE AND YOUR CAMERA.

SO JUST PULL DOWN YOUR Â¦.

I WOULD LIKE TO HEAR A MOTION TO APPROVE RESOLUTION NUMBER 10204.

>> I WILL MOTION TO APPROVE 10204.

>> ABBOTT MOTION.

HOW ABOUT A SECOND.

IN A SECOND BY COUNCILMEMBER MILLER.

>> COUNCILMEMBER MILLER?

>> OKAY MOTION PASSES 4 Â" ZERO.

WE'VE GOTTEN THROUGH ITEM NUMBER 11.

>> THANK YOU.

WITH THE MAXIMUM AMOUNT OF PAIN.

PUBLIC HEARING TO CONSIDER AUTHORIZING THE ACCEPTANC OF FISCAL YEAR 2020 Â" 2021 ALLOCATION OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT SL ESA IN THE AMOUNT OF 137,858 AND AUTHORIZING THE INDIO POLICE DEPARTMENT TO USE THESE FUNDS TO SUPPORT THE CITY'S 800 MEGAHERTZ PUBLIC SAFETY RADIO SYSTEM.

OKAY, ITEM 11 B.

TO PURCHASE FOR PUBLIC SAFETY EQUIPMENT AND TO SUPPORT PUBLIC SAFETY RELATED PROGRAMS AND PERSONAL COST AT THE POLICE DEPARTMENT.

CHIEF GROUP?

>> THANK YOU MADAM MAYOR.

CONSUL UNDER POLICE CHIEF MIKE WASHBURN.

YOU'VE PRACTICALLY COMPLETED MY PRESENTATION JUST WITH THE TITLE.

SENATE BILL 823 REQUIRES THAT THE FUNDS BE ADOPTED IN A PUBLIC HEARING.

[01:20:02]

THAT'S WHY WE ARE BEFORE YOU TONIGHT.

THE AMOUNT OF OUR ALLOCATION THIS YEAR IS 137, 858.

WE ARE PROPOSING WE EXPEND THAT AS POINTED OUT IN THE STAFF REPORT.

>> OKAY, THANK YOU DOES COUNSEL HAVE QUESTIONS OF THE CHIEF? SPECIFIC TO THIS ITEM? OKAY.

THERE BEING NO QUESTIONS ARE OPEN THE PUBLIC HEARING.

ARE THERE ANY PUBLIC COMMENTS?

>> NO COMMENTS MARY.

>> NO PUBLIC COMMENTS FROM THE PUBLIC.

I WILL CLOSE THE PUBLIC HEARING AND DOING YOUR MOTION?

>> ALL MAY COME MOTION TO ACCEPT THE FISCAL 2020 Â" 2021 LAW ENFORCEMENT SERVICES IN THE AMOUNT OF HUNDRED 37,858.

APPROVE THE EXPANSION MET PLAN OF ATTACHMENT A.

>> I HAVE A MOTION BY PRO TEM MILLER.

SECOND BY ORTIZ.

ROLL CALL PLEASE.