Jul 20, 2022 City Council

[00:00:03]

>> I WILL CALL TO ORDER THE INDIO CITY COUNCIL AND JOINT MEETING CLOSED SESSION WITH THE

[1. CALL TO ORDER AND ROLL CALL]

I AM MAYOR FERMON, CAN I HAVE ROLL CALL PLEASE?

>> FOR THE RECORD, ALL COUNCIL MEMBERS ARE PRESENT.

WITH THE EXCEPTION OF COUNCILMEMBER

RAMOS AMITH. >> ALL RIGHT.

THE NEXT ITEM IS PUBLIC COMMENT.

DO WE HAVE ANYONE FOR PUBLIC COMMENT?

>> NONE, MAYOR. >> NOW ITEM NUMBER THREE, CITY ATTORNEY?

[3. ADJOURN TO CLOSED SESSION TO CONSIDER:]

>> THANK YOU VERY MUCH, NUMBER THREE, WE ADJOURN TO CLOSED SESSION FOR THE ITEMS LISTED ON THE CLOSED SESSION AGENDA, THAT IS ITEMS 3.1 THROUGH 3.6.

THANK YOU. >> WE WILL ADJOURN TO THE CLOSED SESSION.

>> OKAY, WE CALL TO ORDER THE CITY OF INDIO JOINT MEETING WITH INDIO WATER AUTHORITY.

[1. CALL TO ORDER AND ROLL CALL]

ROLL CALL PLEASE?

>> AT THIS MOMENT WE HAVE COUNCILMEMBER RAMOS AMITH ABSENT.

>> DO WE HAVE INVOCATION?

>> WE DO. >> EVERYONE PLEASE STAND FOR INVOCATION.

IF YOU DO NOT WISH TO PARTICIPATE WE WILL LET YOU STEP OUT.

AFTER THAT PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE AND I WILL COUNCILMEMBER WILL LEAD US IN THE PLEDGE.

>> THANK YOU.

FATHER, WE THANK YOU SO MUCH.

LORD, THANK YOU FOR ALLOWING ME TO BE HERE TODAY IN THE PRESENCE OF THESE CITY CIVIL SERVANTS.

FATHER, YOUR WORD SAYS THERE IS NO AUTHORITY, GIVEN ON EARTH EXCEPT THAT WHICH IS FROM YOU.

IN LIGHT OF THAT WE HUMBLY COME BEFORE YOU AND I LIFT UP THESE PROCEEDINGS, CITY COUNCIL MEMBERS AND ASK YOU WOULD GRANT THEM WISDOM LORD GOD, AS THEY LISTEN TO THE DIFFERENT THINGS COMING BEFORE THEM AND PERHAPS VOTING ON DIFFERENT ITEMS AND ISSUES.

THE POLICE AND FIREFIGHTERS REPRESENTED HERE AND RESPECTIVE TEAM MEMBERS, I ASK YOUR BLESSING ON THEM AND THEIR FAMILIES AND HOUSEHOLDS. THANK YOU FOR BEING SO GOOD TO US.

IN JESUS NAME WE PRAY, AMEN.

>>.[INAUDIBLE] I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR

ALL. >> OUR NEXT ITEM ITEM NUMBER FOUR,

[4. CITY ATTORNEY REPORT ON CLOSED SESSION]

ANYTHING TO

REPORT? >> YES THANK YOU MR. MAYOR. THE CITY COUNCIL AND CLOSE SESSION FOR SPECIAL CLOSED SESSION AT 12:00 AND REGULAR CLOSED SESSION AT 4 O'CLOCK.

FROM BOTH SESSIONS, THERE ARE NO REPORTABLE ACTIONS.

THANK YOU. >> THANK YOU.

[5.1 VFW Post 3699 Awards: Firefighter of the Year 2021-22 and Law Enforcem...]

VFW POST 3699, AWARDING FIREFIGHTER OF THE YEAR 2021-22 AND LAW ENFORCEMENT OFFICER OF THE YEAR 2021-22, PRESENTED BY VFW POST 3699

>> GOOD EVENING LADIES AND GEMMA.

I'M COMMANDER FROM POST 3699 IN INDIO.

JONATHAN RICH, WE WOULD LIKE TO PRESENT AT THIS TIME CERTIFICATE OF APPRECIATION THROUGH FIRE CAPTAIN ROBERT.EVERY EFFICIENT GUARDIANSHIP OF LIFE AND PROPERTY.

[APPLAUSE] >> YOU'RE NOT DONE YET.

ALSO A CHECK OF $100 FROM OUR POST TO YOU.

AND SOMETHING IN MY POCKET HERE. THAT'S FOR YOU.

>> THANK YOU SO MUCH, APPRECIATE IT.

[APPLAUSE] >> WE WILL

[00:05:08]

>> NOW, I HAVE TWO CERTIFICATES FOR DETECTIVE BRIAN TRAHAN.

IS HE HERE? COME ON DOWN. [APPLAUSE] THIS IS FROM THE NATIONAL. THIS IS THE VFW NATIONAL LAW-ENFORCEMENT AWARD ORDER TO DETECTIVE HOW DO YOU PRONOUNCE YOUR LAST NAME? TRAINER. FOR SINCERE APPRECIATION OF HIS DEDICATION AND SELFLESS SERVICE TO THE TRENTO POLICE DEPARTMENT DURING YOUR OUTSTANDING CAREER.

HIS MAINTAINED A RECORD OF PROFESSIONAL AND EXEMPLARY SERVICE TO THE COMMUNITY AND THE NATION, EXTRAORDINARY COMMITMENT CLEARLY ILLUSTRATES THE PROUD CORE VALUES AND TRADITIONS TO THE LAW ENFORCEMENT PROFESSION.

FOR THE HIGHLIGHTED BY THE DECREE OF ADMINISTRATION, ADMIRATION AND RESPECT OF BOTH HIS PEERS AND THE LOCAL PUBLIC HE SERVES. [APPLAUSE] NOW FROM OUR POST TO YOU.

A CERTIFICATE OF APPRECIATION, GRATEFULLY RECOGNITION OF YOUR SERVICE AND TO THE HIGHEST IDEALS OF LAW ENFORCEMENT, MAINTAINING AND PRESERVING AND PROTECTING THE LOWER RIGHTS OF ALL CITIZENS.

[INAUDIBLE] HERE IT IS! I ONE CHECK FOR YOU FROM THE NATIONAL.

AND HAVE ONE FOR YOU FROM OUR POST TO YOU.

YOU CAN'T GET AWAY.

THIS IS A CHALLENGE COIN FROM THE COMMAND, STATE COMMANDER OF CALIFORNIA, AND THIS IS FROM US.

THANK YOU FOR YOUR SERVICE. [APPLAUSE]

>> YOU DESERVE IT, THANK YOU SO MUCH.

>> WE HAVE PHOTOS BUT I WOULD LIKE TO SHARE A COUPLE OF COMMENTS AND SHOW APPRECIATION TO OUR FIREFIGHTER AND ALSO, OUR OFFICER.

YOU KNOW, JUST THANK YOU FOR YOUR SERVICE, THANK YOU FOR PUTTING YOUR LIFE ON THE LINE AND KEEPING OUR FAMILY AND RESIDENTS OF THE CITY SAFE. WE SEE YOU ALL OUT THERE DOING THIS WORK AND IT SHOWS IN OUR COMMUNITY.

IF YOU DIDN'T KNOW, INDIO RECENTLY RECORDED ALL TIME? LOW CRIME RECORDS IN THE LAST 10 YEARS AND IT IS DUE TO ALL OF THE INTERVENTION OF RESPONSIVE WORK OF OUR LAW ENFORCEMENT, FIRST RESPONDERS, EDUCATORS, PASTORS, AND THOSE WHO PROTECT US.

WE WANT TO SAY THANK YOU ON BEHALF OF THE CITY OF INDIO AND COUNSEL.

AND WE HAVE DONE A LOT OF WORK TOGETHER OVER THE YEARS, SO I KNOW THE WORK THAT HE PUTS IN, SUPER SUPER APPRECIATIVE OF YOU AND THE POLICE DEPARTMENT, SO THANK YOU.

>> AND I WANT TO SAY THANK YOU FOR YOUR OUTSTANDING SERVICE TO OUR COMMUNITY.

WE REALLY APPRECIATE ALL THE SACRIFICES YOU GUYS MAKE FOR OUR COMMUNITY AND ALSO, A BIG THANK YOU WE KNOW THAT THIS IS A TEAM EFFORT SO THANK YOU TO THE TEAM AND FAMILY AND SACRIFICES THAT THEY MAKE FOR US AS WELL.

[APPLAUSE] >> BEFORE WE HEAD OFF, COUNCILMEMBER MILLER HAS A FEW WORDS.

>> NO, I WANT THEM TO SAY SOME WORDS!

>> JUST REAL QUICK, LIKE YOU SAID, IT IS A TEAM EFFORT.

I'M JUST RECEIVING THIS FOR THE TEAM. THANK YOU!

[APPLAUSE] >> THANK YOU GUYS VERY MUCH, I'M VERY HUMBLED BY THIS. I APPRECIATE YOU GUYS COMING DOWN HERE AND HONORING US LIKE THIS.

YOU KNOW, IT MEANS A LOT TO ME.

I REALLY REALLY APPRECIATE IT, THANK YOU FOR EVERYTHING YOU GUYS HAVE DONE FOR OUR COUNTRY AND EVERYTHING YOU DO FOR YOUR ORGANIZATION AND EVERYTHING ELSE.

THANKS TO THE CITY OF INDIO.

I TRULY BELIEVE IT IS ONE OF THE HARDEST WORKING CITIZEN EVERY DEPARTMENT AND WE CONTINUE TO

[00:10:02]

THANK YOU. [APPLAUSE] >> ALL RIGHT. GOOD STUFF, GOOD STUFF! THANK YOU GUYS, APPRECIATE IT.

SO, WE WILL MOVE ON TO ITEM NUMBER SIX.

[6. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(d)]

COUNCILMEMBER HOLMES. >> TIS THE SEASON, ALL OF MY BOARDS ARE DARK!

>> MILLER?

>> THANK YOU MR. MAYOR. A COUPLE OF MY COMMITTEES WERE ACTIVE.

ONE OF THEM WAS THE EAST VALLEY RECLAMATION AUTHORITY, WE DECIDED TO JOIN PARTNERSHIP WITH VALLEY SANITATION DISTRICT. WE DECIDED TO GO FORWARD WITH CONTINUE TO PUT OUR MONEY OVER THE BUDGET SO WE CAN LOOK AT OPPORTUNITIES TO POSSIBLY TAKE SOME RECYCLED WATER WE HAVE NOW COME MAKE IT A LITTLE BIT MORE CAPABLE TO BE UTILIZED FOR MORE STUFF.

INSTEAD OF PUTTING IN THE AQUIFER AND BACK INTO THE SYSTEM OR USE IT FOR THE GOLF COURSES AND LANDSCAPE.

WE DECIDED TO GO AHEAD AND CONTINUE TO SUPPORT THE ORGANIZATION WITH THE MONEY WE WERE GOING TO BED AND MOVING FORWARD WITH THAT.

HOPEFULLY WE WILL HEAR GREAT THINGS BECAUSE WE ARE IN DIRE NEED OF CONTINUING TO GET WATER FOR THIS VALLEY.

THE OTHER ONE WAS SOMEONE BOARD.

HE HAD THE ANNUAL MEETING APPROVED BUDGET.

I WAS CHAIRMAN THE LAST YEAR THEY DECIDED TO KEEP AS IS.

I WAS REELECTED THIS YEAR WITH LISA MIDDLETON FROM PALM SPRINGS BEING THE VICE CHAIR.

I AM HONORED TO LEAD THE ORGANIZATION AGAIN FOR ANOTHER YEAR.

IF YOU'RE OUT THERE LOOKING FOR ANYBODY MOTHER HAS AN OPPORTUNITY LIKE A JOB, SUNLIGHT IS LOOKING FOR BUS DRIVERS AND OTHER ADMINISTRATORS THAT WOULD LIKE TO WORK FOR THEM.

IF YOU WANT TO GO TO SUN LINE.ORG ARE GOOD OPPORTUNITIES FOR YOUR FAMILY OR FRIENDS.

WE ARE DESPERATELY IN NEED OF MORE NEW GREAT PEOPLE TO COME WORK FOR US.

AND A LOT OF GREAT THINGS HAPPEN OVER THE LAST MONTH.

WE HAVEN'T HAD A MEETING FOR A LITTLE WHILE BUT AMAZON FIRST CAME IN AND SUPPORTED OUR FINE FOOD BANK THE DISH A PARTNERSHIP.

THEY GAVE $25,000 TO START.

THEY WILL BE MOVING TO COACHELLA VALLEY. THEY ALSO GAVE 25,000 POUNDS OF FOOD TO THE FINE FOOD BANKS.

WE APPRECIATE THE SUPPORT OF OUR COMMUNITY.

ONE THING DESPERATELY NEED TO HEAR IS SUPPORT FOR THOSE IN NEED AND ONE BIG THING IS FOOD.

IT WAS GREAT FOR AMAZON TO COME IN AND PUT THEIR MONEY WHERE THEIR MOUTH WAS AND SAY, WE WANT TO SUPPORT YOUR COMMUNITY.

LEADERSHIP COACHELLA VALLEY.

IF YOU HAVEN'T HEARD, THIS COMES FROM THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE. BASICALLY IT'S A 1 TO 1 CLASS OF WHAT THE COACHELLA VALLEY IS ABOUT.

GETTING FROM JUDGES AND SEE WHAT'S GOING ON IN THE FIELD.

GET TO GO TO THE SCHOOLS AND COLLEGES. BASICALLY SHOWS YOU HOW THE COACHELLA VALLEY WORKS AND AN OPPORTUNITY FOR ANYONE THAT WOULD LIKE TO SIGN UP FOR THE CLASS ONLINE NOW.

AT GREATER COACHELLA VALLEY CHAMBER OF COMMERCE.ORG.

YOU CAN LOOK AND SEE IF YOU'D LIKE TO BE PART OF IT, SOME GREAT CLASSES. IT'S GONE BACK 21 YEARS NOW I GRADUATE IN 2016.

I CAN TELL YOU I'VE KNOWN A LOT ABOUT THE VALLEY BUT THEY TAUGHT ME A LOT OF THINGS I DID NOT KNOW AND GIVES YOU COMPLETE DIFFERENT ASPIRATION OF WHAT CAN BE HAPPENING IN THIS PLACE.

BUT AT THE SAME TIME, GIVES YOU THE WHEREWITHAL TO THANK THE PEOPLE WORKING NOW HARD FROM THE FIELD AND EVERYBODY ELSE OUT THERE WORKING FROM THE CITIES TO THE SCHOOL DISTRICTS AND WATER DISTRICTS.

GREATER COACHELLA VALLEY CHAMBER OF COMMERCE ALSO HAD BUSINESS AWARDS.

I WANT TO CONGRATULATE THE BOARD. THEY WERE -- OPPORTUNITY TO THANK BUSINESSES FOR ALL THEY DID LAST YEAR.

WE HAD SOME PROBLEMS WITH COVID, NOT AS BAD LESTER AS YOU BEFORE BUT THEY WERE COVERING AND THEN LEADERSHIP, JEFF LEVINE UNFORTUNATELY PASSED ON IN THE HONORED HIM WITH A LITTLE BELLRINGING AND ALSO, THE OPPORTUNITY TO SAY THANK YOU FOR ALL HE DID FOR THE COMMUNITY.

THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE IS A GREAT ORGANIZATION TO HELP OUR BUSINESSES AND EVERYONE ACHIEVE OUR GOALS.

ENTER THE ASSEMBLY FOR -- WE HAD AN OPPORTUNITY TO SEE ALL THE THINGS THAT HAPPENED HERE IN THE COACHELLA VALLEY AND WHAT'S GOING ON AND OPPORTUNITY FOR HOMELESSNESS, TRANSPORTATION AND ALSO, STREETLIGHTS.

[00:15:05]

APPRECIATE THE TIME AND LOOKING FORWARD TO ANOTHER GREAT YEAR.

>> THANK YOU. MAYOR PRO TEM?

>> THANK YOU, MAYOR AND THANK YOU ALL FOR JOINING US THEY COULD HAVE A MEETING WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP THIS MORNING.

THEY STARTED DOING FREE MONTHLY WORKSHOPS AT THE PALM DESERT HUB TO HELP SMALL BUSINESSES AND ENTREPRENEURS -- VISIT CVEP.COM. -- WE ALSO HEARD FROM LIFESTREAM BLOOD BANK THAT THEY'RE HAVING PRETTY SEVERE SHORTAGES OF BLOOD SUPPLY SO IF YOU'RE ABLE TO DONATE BLOOD AT THIS MOMENT, YOU CAN FIND MORE INFORMATION AT LSTREAM.ORG.

MADE A GREAT TURNOUT DESPITE THE HEAT I LIKE THE PICKLE OF THE ARTIST THAT HELPED US TO KEEP THE EVENT GOING FOR OUR COMMUNITY.

I ALSO WANT TO BRING UP THE SUBJECT OF NATIVE PLANTING.

I'VE BEEN DOING SOME STUDYING ON THE ISSUE RECENTLY AND I WANTED TO TALK ABOUT USING NATIVE PLANTING IN OUR LANDSCAPING.

PLANTS USE LOW LEVELS OF WATER AND CAN ALSO SUPPORT POLYNESIA SUCH AS THE BEES, BUTTERFLIES AND OTHER INSECTS. ALSO BIRDS AND OTHER NATIVE SPECIES OF WILDLIFE THAT KEEP OUR ENVIRONMENT HEALTHY. IT CAN ALSO BE A BETTER ALTERNATIVE TO JUST USING ROCK OR GRAVEL LANDSCAPING BECAUSE WE WERE THE HEAT BECAUSE WE ARE STILL USING NATIVE TREES TO COOL BUILDINGS AND HOMES AND INCREASE VEGETATION IN THE NEIGHBORHOODS.

WHEN WE LOOK AT ACROSS THE STATE, AVERAGE USAGE OF WATER IS ABOUT 91 GALLONS PER DAY, PER PERSON.

WE LOOK AT THE COACHELLA VALLEY FAMILY DESERT WATER AT 273 GALLONS PER DAY, CVWD -- INDIO WOULD A 3225 GALLONS PER DAY. THAT VARIES DEPENDING ON THE HEAT DEPENDING WHAT THE WEATHER IS LIKE, AND SO, ALTHOUGH WE ARE AT THE LOWER LEVELS OF THE DESERT, WE SHOULD STILL BE STRIVING TO DO BETTER. AND CONSERVE ESPECIALLY WITH HOW THE STATE IS DOING AT THE MOMENT.

TO CURB THE WATER USE, I THINK THAT WE CAN LEAVE THE WORK NATIVE PLANTING THAT WILL HELP REDUCE WATER USE AND SUPPORT THE NATURAL ENVIRONMENT SO REACTIONS I WANT TO BRING UP FOR THE CITY TO CONSIDER, WOULD BE, WE CAN COMMIT TO NATIVE LANDSCAPING IN A NEW CITY DEVELOPMENT GOING FORWARD. NUMBER TWO, WE CAN REQUIRE ANY NEW DEVELOPMENTS TO INCLUDE NATIVE LANDSCAPING AN EXAMPLE FOR OTHER CITIES IN CALIFORNIA AND ARIZONA.

WHERE DEVELOPERS ARE GIVING A LIST OF PLANT SPECIES THAT CAN BE USED IN NEW DEVELOPMENT FOR HOMES, NO SOME PEOPLE WITH KIDS REALLY DO NEED A LAWN FOR OUTDOOR PLAYSPACE.

I WOULD LIKE TO SEE IF WE CAN REQUIRE ALL FRONT YARDS TO BE NATIVE LANDSCAPING FOR ANY NEW HOME DEVELOPMENTS.

THE THIRD ONE, WHICH WE ARE ALREADY WORKING ON, IS GETTING STATE FUNDING AND OTHER FUNDS TO INCREASE SUBSIDY FOR PAYING RESIDENTS TO REMOVE LAWNS IN THEIR HOMES AND REPLACE THEM WITH NATIVE PLANTING AND FOOD GARDENS. I WOULD ALSO LIKE TO EXPLORE THE POSSIBILITY WORKING WITH CVWD TO USE FOR FEES TO FUND SOME OF THE PROJECTS.

I WOULD LIKE TO ASK COUNSEL IF WE CAN BRING THIS BACK AS A DISCUSSION ITEM OR STUDY SESSION ITEM IN THE NEXT COUPLE WEEKS, TO SEE WHAT WE CAN DO TO REDUCE THE CURRENT USE OF WATER IN THE CITY.

>> THAT SOUNDS LIKE AN EXCELLENT IDEA, I WILL SUPPORT THAT.

>> DON'T WE ALREADY HAVE STAFF, AND ORDINANCE FOR MAKING SURE THAT THERE IS NO MORE LAWNS ON THE FRONT OF THE NEW DEVELOPMENTS? FOR SOME REASON, I THOUGHT WE DID.

>> I THINK WE LIMIT. THERE ARE SOME RESTRICTIONS BUT THAT'S A GREAT IDEA TO BRING IT ALL TOGETHER AND DISCUSSED WHAT MIGHT BE ADJUSTED FROM WHAT WE HAVE NOW.

WE CAN BRING THAT NEXT MEETING.

>> THANK YOU. >> THANK YOU MAYOR PRO TEM.

I DID HAVE A COUPLE OF MEETINGS AND EVENTS I WENT TO DURING OUR TIME OFF. ONE WAS, RCTC, AND NEWS COMING FROM THERE.

SINCE INDIO IS A SECTION IN THE 1930, WE ARE A WHERE WAS THAT'S WHAT BROUGHT US HERE IN BARTOW FOLKS HERE TO THE CITY OF INDIO. AND FINALLY, WE HAD A POINT NOW WHERE WE PASSED A RESOLUTION CERTIFYING THE FIRST-TIER OF THE EIR FOR RAIL TO COME TO THE COACHELLA VALLEY.

WE SUBMITTED OUR FIRST OPTION, WHICH WOULD BE SIX STOPS FROM LOS ANGELES, ALTHOUGH INTO THE COACHELLA VALLEY.

AND THE NEXT STEP WOULD BE WHERE THE STOCKS WOULD GO.

SO, OBVIOUSLY, A STOP SHOULD BE IN INDIO, WHERE THE BIGGEST CITY IN THE COACHELLA VALLEY.

WE HAVE THE MOST POPULATION, WE

[00:20:02]

HAVING THE REAL COME TO INDIO WOULD BE AWESOME.

THAT'S WHERE WE ARE NOW, DECIDING WHERE THE STOCKS WOULD BE. WE ARE LOOKING FORWARD TO THAT, IT'S EXCITING NEWS.

A LOT OF WORK HAS BEEN GOING TO THAT OVER THE YEARS AND IT'S EXCITING TO BE PART OF THAT AND ALSO, PIGGYBACKING OFF OF COUNCILMEMBER MILLERS REPORT, I ALSO ATTENDED THE GENERAL ASSEMBLY MEETING AND A GREAT MEETING.

SOME OF THE GOALS THAT WE HAVE, WE DID SOME ROTATIONS ON THE BOARD, YOU KNOW, WHO WILL BE CHAIRING THE BOARD AND WE TALKED ABOUT ISSUES AND RESPECTS THE TRANSPORTATION, OUR UNSHELTERED AND HOMELESS POPULATION AND OTHER CHALLENGES WE WANT TO ADDRESS IN THE VALLEY.

WE ARE GETTING IN FRONT OF THAT SO IT WILL BE ANOTHER GREAT YEAR. WORKING WITH OUR COLLEAGUES THROUGHOUT THE COACHELLA VALLEY ON THE BOARD.

I ALSO ATTENDED THE CHAMBER AWARDS.

HATS OFF TO ALL OF THE BUSINESSES IN THE CHAMBER, WEATHERING THE STORM THROUGH COVID-19 AND STILL, IT IS STILL UPON US.

BUT WE HAVE FOUND WAYS TO MANEUVER AND OPERATE AND SUPPORT OUR SMALL BUSINESSES HERE IN THE COACHELLA VALLEY.

CONGRATULATIONS TO ALL OF THE AWARD RECIPIENTS AND THAT IS A PERFECT SEGUE INTO MY NEXT COMMENTS, THE NONPROFIT OF THE YEAR THAT WAS GIVEN OUT WAS TO REVIVALS AND DESERT H PROJECT WHICH IS GREAT BECAUSE WE JUST HAD A RIBBON-CUTTING FOR THE REVIVALS WHO JUST HAD THEIR ONE YEAR ANNIVERSARY HERE IN THE CITY OF INDIO.

AND ALSO, THE PROJECT OPEN THE CLINIC HERE IN THE CITY OF INDIO, OFF OF DOCTOR CARREON BOULEVARD AND THAT IS SUCH A GREAT ACCOMPLISHMENT BY THE PROJECT TO GET THIS, IT WILL BE A GREAT AMENITY FOR THE RESIDENTS IN THE EAST COACHELLA VALLEY.

AS A NONPROFIT, SERVICES ARE FREE.

AND IT'S REALLY GOING TO BE JUST A GREAT PARTNER FOR OUR CITY AND THE GREAT THING ABOUT THE PROJECT, IS FUNDED BY REVIVALS. REVIVALS IS A CONSIGNMENT STORE THAT WE HAVE LOCATED HERE IN INDIO, THE ONE YEAR ANNIVERSARY ALSO ONE IN PALM DESERT, I MEAN PALM SPRINGS.

GREAT STORE, YOU HAVE TO GO VISIT THEM AFTER THE RIBBON-CUTTING HAVE FOOD FOR FOLKS TO GIVE OUT OVER 100 BACKPACKS TO A BUNCH OF LOCAL CHILDREN.

IT WAS A GREAT EVENT TO ATTEND BUT JUST GREAT TO SEE THAT WE ARE BRINGING SERVICES HERE TO OUR FOLKS WHERE IT IS NEEDED.

THAT WOULD COMPLETE MY REPORT. WE WILL MOVE ON TO THE NEXT.

ACTUALLY, I'M GOING TO CONTINUE ON SOMETHING.

OUR MAYOR PRO TEM SPOKE ABOUT, THUS THE BLOOD BANK.

IF I CAN GET IT UP.

OKAY, WE'LL JUST KEEP MOVING ON. I'M HAVING SOME TECHNICAL ISSUES WITH THE NEXT ITEM.

>> WILL YOU ALLOW ME, COUNCILMEMBER RAMOS AMITH, IS NOW ON ZOOM.

>> OKAY. NOW, WILL MOVE ON TO APPOINTMENTS.

[7.1 Designation of Voting & Alternate Delegates for League of Californ...]

BUT WE NEED A MOTION.

>> I WILL BE THE ALTERNATE.

>> SOUNDS GOOD TO ME. I MAKE A MOTION THAT MAYOR FERMON AS PRIMARY DELEGATE AND SECONDARY AS MAYOR PRO TEM ORTIZ.

>> SECOND.

>> MOTION AND SECOND.

CAN I GET A VOTE, PLEASE?

>> MOTION PASSES.

OKAY, LET'S GET BACK ON TRACK.

MY -- THIS IS GIVING ME SOME ISSUES.

THE NEXT ITEM IS ITEM 7.2, APPOINTMENT TO THE PLANNING COMMISSION BY MYSELF.

[7.2 Appointment to the Planning Commission by Mayor Fermon]

>> AND I WILL SECOND.

>> MOTION BY COUNCILMEMBER MILLER AND SECOND BY HOLMES.

[00:25:05]

FOR VOTE]

>> NOW, I WILL ADMINISTER THE OATH.

RAISE YOUR RIGHT HAND.

>> I, GABRIEL FAJARDO, DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES. AND THE CONSTITUTION OF THE CITY OF CALIFORNIA.

AGAINST ALL ENEMIES SWORN AND DOMESTIC.

THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE CONSTITUTION OF THE UNITED STATES.

AND TO THE CONSTITUTION OF THE STATE OF CALIFORNIA.

THAT I TAKE THIS FREELY, WITHOUT ANY MENTAL RESERVATION, OR PURPOSE OF EVASION.

AND THAT I WILL FAITHFULLY DISCHARGE THE DUTIES I AM ABOUT TO ENTER.

[APPLAUSE] >> WOULD YOU LIKE TO ADJUST THE COUNCIL? YOU CAN TAKE THE PODIUM, SIR.

>> FIRST AND FOREMOST ON BEHALF OF MY FAMILY, I WANT TO SAY THANK YOU TO COUNSEL, STAFF AND THE COMMUNITY AT LARGE THE OPPORTUNITY TO SERVE IN THIS NEWFOUND CAPACITY.

THANK YOU SO MUCH, I'M LOOKING FORWARD TO THE GROWTH OF THE CITY OF INDIO, WORKING ALONGSIDE MY COLLEAGUES IN THE PLANNING COMMISSION, TO REALLY UNDERSTAND AND LISTEN AND LEARN TO ENSURE THAT WE HAVE THE RIGHT TRAJECTORY FOR THE CITY.

INDICATIVE OF THE STRATEGIC PLAN FOR THE CITY. THANK YOU FOLKS.

APPRECIATE YOU.

[APPLAUSE] I USED TO CHARGE $10 PER SIGNATURE FOR THAT.

>> THANK YOU, SIR.

[7.3 Appointment to the Sustainability Commission by Councilmember Miller]

COUNCILMEMBER MILLER >> THANK YOU, MR. MAYOR. MR. PETE CHRIS, LOOKS FAMILIAR.

A MONTH AGO WE INSTALLED HIM IN A MOBILE HOME COMMISSION.

MY SUSTAINABILITY COMMISSION CAME OPEN AND I WANTED TO PUT THEM ON A LARGER COMMISSION AND HE ACCEPTED SO I WOULD LIKE TO HAVE HIM APPOINTED.

I THINK YOU'LL BE A GREAT ASSET TO THE COMMUNITY AND I THINK HE WILL BRING A LOT TO THE TABLE OF THIS COMMISSION. I WOULD LIKE TO HAVE HIM NOMINATED.

>> MOTION TO APPROVE.

>> SECOND. >> WE HAVE A MOTION BY COUNCILMEMBER HOLMES AND SECOND BY MAYOR PRO TEM.

ROLL CALL PLEASE.

>> MOTION PASSES. WELCOME TO THE CITY OF INDIO, SIR.

>> I PETE CHRIS, DO SOLEMNLY SWEAR, THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES. AND THE CONSTITUTION OF THE STATE OF CALIFORNIA.

AGAINST ALL ENEMIES FOREIGN AND DOMESTIC.

THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE, TO THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF CALIFORNIA.

I TAKE THIS OBLIGATION FREELY, WITHOUT ANY MENTAL RESERVATION, OR PURPOSE OF EVASION.

THAT I WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES I'M ABOUT TO ENTER.

THANK YOU. [APPLAUSE] >> ANY WORDS?

>> YES, THANK YOU MR. MAYOR AND COUNCIL, I APPRECIATE YOU, COUNCILMAN MILLER.

IT'S A HIGH HONOR TO SERVE THE PEOPLE OF OUR CITY.

I JUST HOPE THAT IT IS THE START OF MANY MORE PEOPLE STEPPING FORWARD AND TAKING LEADERSHIP IN OUR CITY.

THANK YOU.

>> GOOD STUFF.

ANY MORE? MOVING TO ITEM NUMBER EIGHT WHICH IS CITY MANAGER REPORTS AND

INFORMATION. >> THE REPORTS.

>> ALL RIGHT, THANK YOU, SIR.

[9. CONSENT CALENDAR]

A LENGTHY CALENDAR IF ANYONE WOULD LIKE TO MAKE A MOTION, YOU CAN DO SO NOW OR I WILL ENTERTAIN A MOTION.

WERE PULLEY ITEM? >> MOTION TO APPROVE THE CONSENT CALENDAR.

>> SECOND. >> MOTION BY COUNCILMEMBER I'M SORRY, MAYOR PRO TEM ORTIZ AND COUNCILMEMBER HOLMES.

ROLL CALL PLEASE?

[00:30:06]

>> CONSENT CALENDAR PASSES.

[10.1 Ordinance 1781 adjusting City Council compensation following the Novem...]

NEXT WE HAVE ADMINISTRATIVE ITEMS. THE NEXT ITEM IS ORDINANCE 171 ADJUSTING CITY COUNCIL COMPENSATION FOLLOWING NOVEMBER 2022 MUNICIPAL ELECTION AND AMENDING THE INDIO MUNICIPAL CODE CITY

MANAGER MONTGOMERY? >> THANK YOU.

PURSUANT TO STATE LAW, IT WOULD BE CONSIDERATION OF INCREASE IN THE COMPENSATION PROVIDED TO CITY COUNCIL MEMBERS, STATE LAW PRESCRIBES HOW MUCH THAT CAN BE AND THE TIMING. WHAT IS ALLOWED IS NO MORE THAN FIVE PERCENT PER YEAR, BUT NOT CUMULATIVE WERE NOT COMPOUNDED.

WHAT IS PROPOSED THIS EVENING IS TO BRING IT IN LINE WITH WHAT STATE LAW PROVIDES, IT WILL BE INCREASE OF APPROXIMATELY OR EXACTLY, 10 PERCENT BUT AGAIN, FIVE PERCENT EACH YEAR.

IT WOULD BE EFFECTIVE FOLLOWING THE UPCOMING ELECTIONS.

WE DO RECOMMEND APPROVAL AND HAPPY TO ANSWER ANY QUESTIONS AND OF COURSE, THE CITY ATTORNEY IS AVAILABLE, SHOULD YOU HAVE QUESTIONS ON THE MATTER AS WELL.

>> NO QUESTIONS.

COUNSEL? >> JUST FOR TRANSPARENCY I WANT TO STATE FOR THE PUBLIC THAT IS GOING UP FROM $1271 TO $1339. OVER A TWO-YEAR PERIOD.

>> YES. >> ALL RIGHT.

DO WE NEED A MOTION? >> MOTION TO APPROVE.

>> SECOND. >> MOTION BY MAYOR PRO TEM ORTIZ, SECOND BY COUNCILMEMBER HOLMES.

ROLL CALL PLEASE? BEFORE WE PROCEED, CITY ATTORNEY, JENNIFER.

>> MOTION TO APPROVE WOULD BE TO INTRODUCE THE READING OF ORDINANCE NUMBER 1781.

TO INCREASE THE CITY COUNCIL COMPENSATION AND REQUESTED A CLERK TO READ ORDINANCE BY TITLE ONLY. WE CAN HAVE HER READ THE TITLE.

THANK YOU, MR. MAYOR. >> THANK YOU.

>> OVER THE TITLE FOR THE RECORD.

-- CODE OF ORDINANCES REGARDING SPECIFIC COMPENSATION OF THE CITY COUNCIL MEMBERS.

THANK YOU, MAYOR. >> THANK YOU.

[10.2 Resolution No. 10294 declaring the north-eastern portion of Assessor P...]

RESOLUTION NUMBER 10294 DECLARING THE NORTH-EASTERN PORTION OF ASSESSOR PARCEL NUMBER 611-142-004 GENERALLY LOCATED EAST OF ARABIA STREET AND SOUTH OF LEROY WAY TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(F)(1)(A), AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT (ENA) WITH LINC HOUSING FOR THE POTENTIAL DEVELOPMENT OF AFFORDABLE RENTAL HOUSING OUR DIRECTOR OF COMMUNITY DEVELOPMENT, KEVIN SNYDER.

>> THANK YOU. AGAIN, KEVIN SNYDER, DIRECTOR OF COMMUNITY DEVELOPMENT.

I WOULD LIKE TO INVITE JESUS GOMEZ TO THE PODIUM.

HE IS THE LEAD ON THE PROJECT AND PROVIDE A STAFF REPORT, BRIEF PRESENTATION AND ANSWER QUESTIONS YOU MIGHT HAVE.

THANK YOU. >> THANK YOU AND GOOD EVENING, JESUS GOMEZ, NO.

10316 DECLARING ASSESSOR THE TITLE PRETTY MUCH DESCRIBES THE ITEM BEFORE YOU TONIGHT.

YOU HAVE A BRIEF POWERPOINT AND AS WE CAN SEE, THE SUBJECT SITE AS WE DESCRIBED AS THE NORTHEAST PORTION OF MILE AVENUE PARK IT IS PART OF AN EXISTING PARCEL WITHIN THE CITY.

LOOKING AT AFFORDABLE HOUSING SITES, AND POTENTIAL FOR DEVELOPMENT, WE DO BELIEVE THAT STEP BELIEVE THIS IS AN IDEAL SITE FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.

IN CLOSE PROXIMITY TO ONLY THE DOWNTOWN BUT OTHER COMMUNITY AMENITIES.

WE FILL THE SITE CAN SCORE PRETTY HIGH ON GRANT APPLICATIONS AS IT IS CLOSE TO PUBLIC TRANSPORTATION.

OBVIOUSLY, THE PARK, SCHOOLS AND OTHER AMENITIES.

IT ALSO PROVIDES WE BELIEVE, COMMUNITY BENEFITS INCLUDING POTENTIAL DEVELOPMENT OF PROPERTY SURROUNDING THE SITE.

AND SO COME HOUSING ON THE SITE COULD HELP TO SPARK DEVELOPMENT IN THAT AREA. TERESA, DEVELOPMENT OF HOUSING UNITS HERE WOULD HELP US MEET OUR OBLIGATIONS AND CREATE MUCH-NEEDED AFFORDABLE HOUSING IN THE CITY.

THE CITY AND MANY CITIES ARE FAMILIAR WITH SURPLUS LAND ACT.

IT'S BEEN AROUND FOR MANY YEARS BUT MORE RECENTLY IN 2020 AND 2021, THE ASSEMBLY BILLS WERE ADOPTED TO PUT MORE EMPHASIS ON THE DEVELOPMENT OF AFFORDABLE HOUSING, IN PARTICULAR, IT REQUIRED CITIES TO DISCLOSE MORE INFORMATION,

[00:35:07]

THEY CAN TAKE UPWARDS OF SIX MONTHS OR MORE DEPENDING ON THE SITE.

WE REQUEST THE COUNCIL CONSIDER THE OTHER CLASSIFICATION WHICH IS EXEMPT SURPLUS LAND, WHICH HELPS WITH DEVELOPMENT OF AFFORDABLE HOUSING BECAUSE IT EXPEDITES THE PROCESS THAT THE CITY CAN UNDERGO.

THEN TO A PERIOD OF ONLY 30 DAYS.

IT WAS A POTENTIAL DEVELOPER TO MOVE MORE QUICKLY ON DEVELOPING AN APPLICATION, PERFORMING DUE DILIGENCE ON A SITE, AGAIN, AS A WAY TO EXPEDITE AND HELP THE DEVELOPMENT OF AFFORDABLE HOUSING.

GOVERNMENT CODE SECTION 37364, BY DECLARING THE LAND EXEMPT SURPLUS BE SURE THE SITE WILL REMAIN AFFORDABLE AND DEVELOPED FOR THE PURPOSE OF AFFORDABLE HOUSING.

RECORDED COVENANTS ON THE SITE AGAIN, TO ENSURE THE SITE GETS DEVELOPED AS AFFORDABLE HOUSING.

I KNOW YOU PROBABLY HEARD THIS ALL BEFORE BUT THERE ARE WAYS TO ENSURE THAT WE ARE TRYING TO MEET OUR OBLIGATIONS IN A RESPONSIBLE MANNER.

WE ARE SEEKING APPROVAL OF THE DESIGNATION.

THE SURPLUS LAND, ALSO ASKING THE COUNCIL TO APPROVE AN EXCLUSIVE NEGOTIATING AGREEMENT IN THIS CASE FOR THE CITY MANAGER TO NEGOTIATE THE TERMS OF E&A AND OPTION OF EXTENDING THIS TO ADDITIONAL 90 DAY PERIOD.

THAT'S WHERE THE DEVELOPER COULD SHOW POTENTIAL FUNDING AGENCIES THAT THEY HAVE SITE CONTROL AND ALSO, TO GIVE THEM AND THE CITY AN OPPORTUNITY TO DO MORE REVIEWS. AND WE CAN BRING THIS TO YOU IN THE FUTURE WITH THE DEVELOPER. AT THIS POINT, I WANT TO -- IF I GO BACK HERE.

IN SUMMARY, THE COUNCIL ADOPTED RESOLUTION SO WE CAN SEEK A 30 DAY PUBLIC REVIEW BY THE STATE.

ALSO, AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A ENA FOR THE PERIOD DESCRIBED.

>> THANK YOU FOR THIS PRESENTATION, THIS IS GREAT NEWS TO THE COMMUNITY.

AFFORDABLE HOUSING IS NEEDED.

JUST IN THE STATE IN GENERAL BUT WE ARE DOING AN EXCELLENT JOB IN THE CITY SO BY THE WORK YOU ARE ALL DOING, BEFORE WE MOVE ON ASK COUNSEL FOR COMMENTS.

AND CLARIFICATION FOR THE COMMUNITY OF, WHAT IS EXACTLY -- STAND FOR, WHAT DOES IT MEAN?

>> EXTENSOR REGIONAL HOUSING NEEDS ASSESSMENT.

WE ARE ENTERING INTO AN EIGHT YEAR PERIOD BY WHICH THE CITY HAS BEEN GIVEN OR DELEGATED A NUMBER OF UNITS THAT THE CITY NEEDS TO PROVIDE OVER THAT PERIOD, IT INCLUDES FIGURES THROUGHOUT THE INCOME RANGES I THINK THE NUMBER IS 2963 AFFORDABLE HOUSING UNITS FROM LOW TO MODERATE INCOME, SO WE HAVE A TEST BEFORE US. WE CAN NOT GOING TO DETAIL THIS MOMENT BUT WE WERE QUITE A FEW PROJECTS THAT WE ARE ENVISIONING THAT WILL HELP US HOPEFULLY, REACH THAT GOAL AND EIGHT YEAR PERIOD.

THAT'S WHAT IT STANDS FOR.

>> THANK YOU FOR THE CLARIFICATION.

NO QUESTIONS OR COMMENTS.

COUNCIL MEMBERS, ANY QUESTIONS OF STAFF? ANY COMMENTS OR CLARIFICATION FROM STAFF?

>> I WILL MAKE THE MOTION.

· RESOLUTION 1024 DECLARING THE NORTHEASTERN PORTION OF PARCEL NUMBER 611 – 142 – 04 GENERALLY LOCATED EAST OF ARABIA AND SOUTH OF LEROY WAY TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(F)(1)(A) AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT (ENA) WITH LIBERTY STAR MANAGEMENT FOR THE POTENTIAL DEVELOPMENT OF AFFORDABLE RENTAL HOUSING PROJECT.

[00:40:01]

>> SECOND. >> MOTION AND SECOND.

VOTE, PLEASE?

>> FOR CLARIFICATION THIS IS JUST A PORTION OF THE PARCEL NUMBER.

>> YES.

>> MOTION PASSES, THANK YOU.

[10.3 Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 gen...]

>> THANK YOU VERY MUCH. JESUS GOMEZ.

JUST BEFORE THIS ITEM WE DID HAVE AN ITEM, THIS IS PRACTICALLY A SIMILAR ITEM.

IT IS WITH A DIFFERENT DEVELOPER AND DIFFERENT SITE.

IF I COULD JUST GO TO THE PRESENTATION QUICKLY.

THE SUBJECT SITE IS ON HIGHWAY 111.

IT IS A PIECE OF LAND THAT IS LANDLOCKED THAT THE CITY HAS OWNED FOR SOME TIME.

IT DOES PRESENT AN OPPORTUNITY TO DEVELOP AT THIS POINT.

WE BELIEVE OTHERWISE, IT WOULDN'T BE DEVELOPED.

JUMPING AHEAD WITH THE COMPANY IS A NEW YORK FIRM THAT HAS EXPERIENCE WITH DEVELOPING COMMERCIAL PROPERTY.

WE HAVE A SOMEWHAT LIMITED EXPERIENCE WITH HOUSING.

THERE DEVELOPED 300 HOUSING UNITS, NOT IN CALIFORNIA AT THIS TIME.

THIS WOULD BE THEIR FIRST.

THEY DO ON THE PROPERTY IMMEDIATELY TO THE WEST, IT DOES PRESENT A POTENTIAL DEVELOPMENT OPPORTUNITY.

WE WOULD LIKE TO GET THE COUNCIL APPROVAL TO ENTER INTO A ENA SO WE CAN DISCUSS WITH THEM DEVELOPMENT POTENTIAL AND HOPEFULLY DEVELOP THEIR SITE, YOU KNOW AS WELL IS THE PROJECT.

WE SEEKING THAT THE COUNCIL DECLARE THE SITE IS EXEMPT SURPLUS LAND AS WE DID WITH -- AND IF THERE ANY QUESTIONS, WE DO HAVE THE DEVELOPER ON THE LINE IF THERE ARE ANY QUESTIONS OF

THEM. >> I HAVE NO QUESTIONS.

ANY QUESTIONS OR COMMENTS OR EMOTION?

>> I THINK THE ONLY THING TO WATCH OUT FOR HERE IS BECAUSE OF THE INEXPERIENCE WITH AFFORDABLE HOUSING. YOU KNOW A LOT OF PEOPLE WE WORK WITH HAVE A LOT OF EXPERIENCE IN AFFORDABLE HOUSING. PROVIDING THE SERVICES WRAPAROUND SERVICES, AND SERVICES FOR THE KIDS AND THAT KIND OF STUFF, JUST MAKING SURE IN FUTURE AGREEMENTS, THAT WE INCLUDE THAT INTO OUR AGREEMENTS TO MAKE SURE WE ARE PROVIDING THE SERVICES.

BUT I WOULD LIKE TO MAKE THE MOTION.

TO ADOPT RESOLUTION NUMBER 10316 -- LOCATED WEST OF CLINTON STREET AND SOUTH OF HIGHWAY 111 TO BE EXEMPT SURPLUS LAND -- AND AUTHOR CITY MANAGER EXECUTE AGREEMENT WITH LIBERTY STAR MANAGEMENT UP TO TWO 90 DAY TIME EXTENSIONS TO ESTABLISH POTENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT.

THE DEVELOPMENT OF AFFORDABLE RENTAL HOUSING

PROJECT. >> SECOND.

>> MOTION BY MAYOR PRO TEM ORTIZ AND SECOND BY COUNCILMAN MILLER.

ROLL CALL, PLEASE.

MOTION PASSES. THANK YOU FOR YOUR WORK ON THIS.

>> THANK YOU.

[10.4 Resolution No. 10313 determining the number of Cannabis Storefront Ret...]

RESOLUTION NO.

10313 DETERMINING THE NUMBER OF CANNABIS STOREFRONT RETAIL BUSINESS PROGRAM PERMITS TO BE ISSUED IN THE CITY AND DETERMINING THAT ESTABLISHMENT OF THE NUMBER OF PERMITS TO BE ISSUED IS EXEMPT FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) THIS WILL BE HANDLED BY DIRECTOR OF COMMUNITY DEVELOPMENT, MR. KEVIN SNYDER.

>> THANK YOU. THIS EVENING, THIS RESOLUTION BEFORE YOU WOULD ESTABLISH THE NUMBER OF CANNABIS STOREFRONT RETAIL PERMITS.

IT IS A CONTINUATION OF THE PROCESS BEGAN SEVERAL MONTHS AGO AND PASSING ORDINANCE NUMBER 1779 WHICH IDENTIFIED THE AREAS OF THE CITY THAT CANNABIS STOREFRONT RETAIL BUSINESSES COULD BE ALLOWED AND ORDINANCE 1780 THAT ESTABLISHED REGULATIONS UNDER WHICH THEY HAVE TO OPERATE.

AS PART OF ORDINANCE OF 1780 WHICH IS ESTABLISHED CHAPTER 123, THE COUNCIL IDENTIFIED THAT THE NUMBER PERMITS WOULD BE BASED ON A POPULATION RANGE OF 15,000 HOUSEHOLDS PER PERMIT UP TO 20,000.

[00:45:01]

WITH A NUMBER OF SERMON PERMITS CITYWIDE.

BEFORE YOU THIS EVENING IT IS RECOMMENDED THE COUNSEL UTILIZE THE OPERATION BASIS OF 17,500 PERSONS PER PERMIT, THAT WOULD EQUAL FIVE PERMITS BASED ON A POPULATION SOURCED FROM THE US CENSUS BUREAU, CURRENT POPULATION OF 90,416 PERSONS.

THE RESOLUTION AGAIN BEFORE YOU, WHAT ESTABLISHED THE MAXIMUM NUMBER PERMITS THAT WOULD BE AUTHORIZED AND ISSUED IN THE CITY, FOLLOWING AN EXTENSIVE APPLICATION PROCESS, A REVIEW PROCESS AND ULTIMATE DECISION BY THE CITY COUNCIL.

AT THIS TIME I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU. >> COUNCILMEMBER MILLER?

>> THANK YOU. ON THE PERMITS YOU'RE TALKING ABOUT YOU'RE TALKING ABOUT FIVE.

EVERY TIME WE GET 17,500 MORE HOUSES WERE RESIDENTS, WOULD WE THEN INITIATE ANOTHER PERMIT? OR WOULD THAT BE SOMETHING SEPARATE AND VOTED ON LATER?

>> 17,500 WILL BE ACTION THIS EVENING, LEFT A POPULATION BASIS THE STAFF IS RECOMMEND.

A TOTAL OF FIVE PERMITS CITYWIDE BE AUTHORIZED.

HOWEVER, CHAPTER 123 -- THERE IS A 30 TWO CHANGE AT ANY POINT.

YOU CAN INCREASE OR DECREASE.

>> BUT HE FORGETS 110 IS AUTOMATICALLY TAKEN OR DO IT TO COME BACK AND SAY WE WOULD LIKE TO INITIATE ANOTHER PERMIT?

>> ANY CHANGES WOULD BE BY COUNCIL ACTION.

YOU AND THE REST OF COUNSEL OR FUTURE COUNSEL WOULD HAVE TO TAKE ACTION TO AUTHORIZE A HIGHER NUMBER THAN WAS BEING RECOMMENDED THIS

EVENING. >> THANK YOU.

>> ANY OTHER QUESTIONS? WE HAD EXTENSIVE CONVERSATIONS, THANK YOU FOR YOUR WORK MR. SNYDER. I WILL ENTERTAIN A MOTION.

>> MOTION TO APPROVE 10313 DETERMINING THE NUMBER OF CANNABIS STOREFRONT RETAIL BUSINESS PROGRAM PERMITS TO BE ISSUED IN THE CITY AND DETERMINING THAT ESTABLISHMENT OF THE NUMBER PERMITS TO BE ISSUED IS EXEMPT FROM REVIEW UNDER CEQA PURSUANT TO GALLETTE SECTION --

>> SECOND.

CHRIS MOTION BY MAYOR PRO TEM ORTIZ AND SECOND BY COUNCILMEMBER MILLER.

ROLL CALL, PLEASE.

>> MOTION PASSES.

THANK YOU, MR. SNYDER. MOVING ON TO ITEM 10.5.

[10.5 Resolution No. 10314 establishing procedure guidelines and review crit...]

>> THANK YOU, MAYOR. NOW THAT YOU'VE IDENTIFIED THE NUMBER PERMITS WILL BE ISSUED CITYWIDE, NEXT YEAR TO IDENTIFY HOW WE WILL SELECT THEM.

THE APPLICATION PROCESS AND ULTIMATELY, CRITERIA BY WHICH THEY WILL ALL BE EVALUATED.

THIS PARTICULAR RESOLUTION CONTAINS AN ATTACHMENT VERY EXTENSIVELY THAT LINES OUT THE APPLICATION PROCESS AND PROCEDURE AND EVALUATION CRITERIA BY WHICH THE BUSINESSES THAT APPLY WOULD BE EVALUATED.

REMEMBER, WE HAVE A TOTAL OF FIVE BUSINESS PERMITS THAT WILL BE ISSUED CITYWIDE.

ALL APPLICANTS WILL HAVE TO FOLLOW THE APPLICATION PROCEDURES, AND WILL BE EVALUATED PER THE EVALUATION CRITERIA PROPOSED, AS PART OF ATTACHMENT A TO THE RESOLUTION.

I WANTED TO KNOW AT THIS MOMENT THAT A.J.

-- WHO THAT YOU'VE HEARD FROM BEFORE, THE CONSULTANT, IS AVAILABLE THIS EVENING TO SPEAK TO ANY QUESTIONS IN DETAIL THE COUNCIL MIGHT HAVE THAT EITHER THE CITY MANAGER CANNOT ANSWER.

I BELIEVE THE ATTACHMENT LAYS OUT A VERY EXPENSIVE PROCESS. I WOULD NOTE THAT IF COUNSEL DOES TAKE ACTION THIS EVENING TO APPROVE THE RESOLUTION, WE WILL ESTABLISH AN OPEN AND CLOSE PERIOD FOR APPLICATIONS FROM SEPTEMBER 1 THROUGH OCTOBER 6.

PRIOR TO THAT WE WOULD BE FOR MORE THAN APPLICATION PROCESS WE SHOULD BE AN ONLINE APPLICATION PORTAL PROCESS.

NO HARDCOPIES LED THEY WOULD BE REQUIRED TO BE SUBMITTED ONLINE.

WE WOULD ALSO BE ESTABLISHING AND FINALIZING THE CANNABIS WEBPAGE THE CITY WOULD OPERATE THERE WOULD HAVE -- WILL ANSWER QUESTIONS ALONG WITH OTHER CANNABIS RELATED INFORMATION. THAT PERIOD WE WILL PREPARE FOR THE APPLICATION, SEPTEMBER 1, THE PERIOD WOULD UP AND THEN OCTOBER 6 IT WOULD END.

APPLICATIONS AWARD RECEIVED AFTER THAT WOULD NOT BE ACCEPTED.

AS THE PROCESS LAYS OUT IN ATTACHMENT A, WOULD GO THROUGH SEVERAL STEPS OF THE REVIEW. ALSO IN AUGUST WE WOULD HOLD WHAT WE CALL A KICKOFF ORIENTATION MEETING. WE ARE VERY INTERESTED APPLICANTS TO COME TO THE CITY IN PERSON OR VIRTUALLY, AND ANSWER QUESTIONS AS WELL AS SET UP THE CITY EXPECTATIONS FOR THE APPLICANTS.

SO THEY ARE AWARE OF WHAT WE EXPECT OF THEM AS THEY PREPARE THE APPLICATION.

I'M HAPPY TO ANSWER ANY QUESTIONS.

AGAIN A.J. IS AVAILABLE TO ASSIST AS WELL.

[00:50:03]

>> THANK YOU. BEFORE WE PROCEED TO HAVE A REQUEST TO SPEAK IN NPL TO THE REQUEST TO SPEAK FIRST, THEN OPEN UP TO COUNSEL.

MY REQUEST IS PRESENT.

-- >> GOOD EVENING COUNSEL, SITTING DAY.

LONG TIME IN THE MAKING.

APPRECIATE YOU PUTTING THIS IN FRONT OF EVERYBODY.

AND GIVING US THE OPPORTUNITY TO SPEAK.

A FEW NOTES. A FEW THINGS A CERTAIN APPLICATION REQUIREMENTS.

I JUST WANTED SOME FEEDBACK FROM THE COUNCIL ON. ONE OF THEM IS IN ORDER TO GET A FULL AMOUNT OF POINTS FOR THE PROOF OF FUNDS, YOU HAVE TO SHOW THAT YOU HAVE ENOUGH PROOF OF FUNDS ON HAND BEFORE YOU APPLY, IN ORDER TO PAY FOR YOUR ENTIRE BUILDOUT, ALL OF YOUR OPENING INVENTORY AND OVER THREE MONTHS OF OPERATING EXPENSES. FOR A LOT OF CANNABIS BUSINESSES, THOUGH PROBABLY BE CLOSE TO A MILLION AND HALF OR $2 MILLION WITH THE FUNDS.

I THINK YOU WILL LIMIT A LOT OF PEOPLE WHO ARE LOCALS AND SMALL BUSINESSES WHO WOULD LIKE TO APPLY.

IF YOU ARE REQUIRING OVER ONE HALF TO $2 MILLION WORTH OF FUNDS TO BE SENT INTO AN ACCOUNT IN ORDER TO GET THE FULL POINTS.

SECOND, THERE IS RESTRICTION BEING A LOCAL AND HAVING LIVED IN INDIO ONLY.

AS SOMEONE WHO PLANS ON APPLYING AND FEEL LIKE I TEND TO BE PRETTY INVOLVED IN THE COMMUNITY, I DO THINK YOU GET APPLICATIONS FOR PEOPLE WHO LIVE IN CITIES NEARBY.

I DO THINK SHOULD BE ABLE TO QUALIFY FOR SOME SORT OF LOCAL QUALIFICATIONS.

THAT IS SOMETHING I WOULD LOVE FOR THE COUNCIL TO LOOK AT.

I WANTED A LITTLE CLARIFICATION FROM CITY STAFF ON JUST THE OWNERSHIP. I KNOW IT SAYS THAT THE WAY I'M INTERPRETING IT IS THAT IF YOU OWN OVER 10 PERCENT OF ONE APPLICATION, AND YOU CANNOT BE LISTED AS AN OWNER AND ANY OTHER APPLICATION, I WAS CURIOUS IF THAT RESTRICTED TO YOU OWNING LESS THAN 10 PERCENT ON OTHER APPLICATIONS, OR IF YOU ARE OVER 10 PERCENT, IT IS THE ONLY APPLICATION YOU CAN BE LISTED ON. FINALLY, $23,000 FOR AN ANNUAL RENEWAL FEE, A VERY LARGE NUMBER.

I BELIEVE IT IS $7500 IN BOTH -- AND $10,000 A YEAR IN PALM SPRINGS.

$23,000 A YEAR TO RENEW YOUR LICENSE IS VERY RESTRICTIVE AGAIN, FOR SMALL BUSINESS.

I WOULD LOVE FOR THE CITY TO RECONSIDER THAT. OUTSIDE OF THAT, I THINK YOU'VE DONE AN INCREDIBLE JOB.

I AM EXCITED TO PUT AN APPLICATION AND FOR YOU GUYS.

THANK YOU. >> THANK YOU FOR THE COMMENTS.

ONE MORE? >> ONE MORE ON ZOOM.

>> WE WILL TAKE THE ONE ON ZOOM FIRST.

>> OKAY.

ANNA, YOU HAVE THREE MINUTES.

>> GOOD AFTERNOON MY NAME IS.I'M WITH UNITED FOOD AND COMMERCIAL -- REPRESENT THE CANNABIS WORKERS THROUGHOUT THE US.

THE PRESIDENT OF OUR UNION SUBMITTED A LETTER TO THE COUNCIL EXPRESSING SUPPORT FOR THIS AGENDA ITEM.

WHICH ESTABLISHES PROCEDURES, GUIDELINES AND CRITERIA.

MY COMMENT THIS AFTERNOON IS SIMPLY TO MIRROR WAS STATED, WE APPRECIATE THE COUNCIL AND STAFF FOR PUTTING TOGETHER A CLEAR, YET DETAILED RESOLUTION THAT WE FEEL PUTS FUTURE CANNABIS WORKERS AND RESIDENTS AS A FOCUS OF THE POLICY.

WE THINK THAT THE RESOLUTION DOES A GOOD JOB OF INCORPORATING THE EVALUATION CRITERIA.

LIKE LABOR STANDARDS AND SECURITY PLANS AND COMMUNITY BENEFITS AND INVESTMENT PLANS.

JUST TO NAME A FEW.

WE WOULD ALSO LIKE TO IMPRESS UPON THE COUNCIL, THE IMPORTANCE OF IDENTIFYING THE MOST EXPERIENCED OF ALL OPERATORS AT THIS TIME WE KNOW THAT THE INDUSTRY IS PREDOMINANTLY -- SELECTING WELL RESOURCE OPERATORS ALSO HELP ENSURE PROTECTION AND SECURITY FOR WORKERS.

FINALLY, AS WAS EXPRESSED IN THE LETTER, WE BELIEVE INCLUDING THE CRITERIA WILL ENSURE WE PROVIDE JOBS WITH GOOD WAGES, ACCESS TO BENEFITS AND PAID TIME OFF AND HEALTHCARE. THANK YOU FOR BRINGING THIS TOGETHER.

THIS IMPORTANT CONVERSATION AND FOR ALL OF YOUR WORK. WE LOOK FORWARD TO CONTINUING TO WORK WITH THE CITY TO MAKE SURE WE SET HIGH STANDARDS IN THE INDUSTRY.

THANK YOU. >> THANK YOU FOR YOUR COMMENTS.

ONE MORE PRESENT AND THE NEXT SPEAKER IS MR. I APPRECIATE THAT QUICK LATE RESPONSE HERE ON THIS REQUEST TO SPEAK. I APOLOGIZE AGAIN FOR NOT UNDERSTANDING THE CITY ORDINANCE ENTIRELY.

[00:55:03]

THAT IS MY UNDERSTANDING THAT IT IS PART OF THE PROCESS. I AM JUST CONFIRMING THAT.

>> THANK YOU FOR YOUR COMMENT.

YEAH, YEAH. NEXT SPEAKER IS CHRISTOPHER MARTINEZ.

>> GOOD AFTERNOON.

LOCAL RESIDENT, ALSO CANNABIS CONSULTANT AND OPERATOR.

I THINK IT IS GREAT.

I REVIEWED THE APPLICATION CRITERIA IT IS PRETTY SOUND AND LOOKS LIKE, IT SHOWS A LOT OF WORK WENT BEHIND IT. THE ONLY THING I WANT TO SPEAK OF TODAY IS TO ENCOURAGE INCREASING POINTS AS FAR AS LOCAL ASPECT OF IT.

IT SHAKES OUT TO ABOUT THREE PERCENT IF I DO THE CALCULATION RIGHT. COACHELLA IS ONE OF THE MOST RECENT APPLICATION PROCEDURES THAT I'VE BEEN PART OF AND REVIEWED.

HAD A LARGER PERCENTAGE TOWARD SOCIAL EQUITY AND THE SOCIAL EQUITY ENCOMPASSED LOCAL OWNERSHIP.

THE RESULT OUT OF THE FOUR APPLICATIONS THAT WERE ISSUED IN THE LAST ROUND, THREE WERE SOCIAL EQUITY AND HAD A LOCAL OWNERSHIP.

THE INTENTION WAS THERE AND RESULTS WERE THERE.

OUT OF THOSE FOUR LICENSES ISSUED IN THE LAST ROUND, TWO ARE CURRENTLY OPERATING AND THOSE ARE SOCIAL EQUITY, THE ONE THAT WAS NOT SOCIAL EQUITY, HAS NOT STARTED OPERATING.

THE THIRD SOCIAL EQUITY I BELIEVE IS UNDER CONSTRUCTION AND SOON TO BE OPERATIONAL AS WELL.

I THINK THERE IS SOME POSITIVE AND ENCOURAGING LOCAL OWNERSHIP WITHIN THE CITY.

I FEEL THAT, ANYONE WITH A BUSINESS HAS PASSION AND A FORCE AND DRIVE TO MAKE IT SUCCESSFUL WHEN YOU HAVE A LOCAL OWNER BEHIND THE STOREFRONT, I THINK THEY FIND IT HARDER TO MAINTAIN THAT OPERATION AND WHO ELSE KNOWS WHAT THE LOCAL NEEDS MORE THAN A LOCAL RESIDENT? DOES THE ONLY COMMENTS I HAVE. I APPRECIATE YOUR TIME, THANK YOU.

>> THANK YOU.

ANY OTHER SPEAKERS? PRESENT OR ONLINE? WOULD YOU LIKE TO COMMENT OR GET

BACK TO THESE FOLKS? >> I THINK WE CAN ADDRESS SOME OF THE QUESTIONS NOW.

WE HAVE A.J. ONLINE AS WELL.

>> THANK YOU. I AGREE WITH THE CITY MANAGER.

IT IS AT THE MAYOR'S DISCRETION.

I'LL RESPOND TO THE COMMENTS AS NOTED.

AJAY IS AVAILABLE AND I MAY CALL UPON HIM TO EXPAND UPON MY EXPLANATIONS.

THERE WAS A QUESTION REGARDING THE ISSUE OF, LET ME GET MY NOTES SO I DON'T MISS ANYTHING. THE ISSUE OF HAVING A SUFFICIENT, THREE MONTHS OF THE OVERALL BUDGET CAPACITY AND ABILITY TO OPERATE, THAT IS A FAIRLY COMMON STANDARD AND REQUIREMENT WORKING WITH AJAY, WE WANT TO MAKE SURE AS WE INVITE APPLICANTS TO THE PROCESS THAT THE APPLICANTS ARE POSITIONED TO SUCCEED AND IN RECEIPT OF A BUSINESS PERMIT IS A VERY LIMITED WINDOW OF OPPORTUNITY.

WE ARE ASKING THEM TO DEMONSTRATE ADEQUATE FINANCIAL CAPACITY AND SO, THE APPLICATION IS STATED BY THE SPEAKER, DOES REQUIRE DEMONSTRATION AT LEAST THREE MONTHS OF OPERATING COSTS CAPACITY.

STAFF DOES BELIEVE IT IS SUBJECT TO GENERAL COUNSEL.

AJAY CAN RESPOND IN FURTHER DETAIL IF THIS IF YOU WANT MORE INFORMATION.

>> I DON'T KNOW IF AJAY CAN CLARIFY BUT IN RESPECT TO NEIGHBORING CITIES, I KNOW THAT WE SPOKE ABOUT, DO WE HAVE NUMBERS IN NEIGHBORING CITIES VERSUS WHAT WE ARE ASKING?

>> ARE YOU TALKING ABOUT THE FEES?

>> YES. >> IN THE NEXT AGENDA ITEM WILL TALK ABOUT FEES AND WE HAVE A COMPARISON TABLE TO SHARE.

IN TERMS OF ACTUAL FEES TO BE CHARGED THAT THE NEXT AGENDA ITEM.

BUT FOR THIS, THE BUDGET CAPACITY SOMETHING WE BELIEVE IS APPROPRIATE AND NECESSARY, TO DEMONSTRATE CAPACITY TO

OPERATE. >> THE OTHER CITIES, AS FAR AS ASKING FOR BUDGET CAPITAL, IS THAT IN COMPARISON?

>> IN TERMS OF THE OTHER CITIES IN THE VALLEY?

>> YES. >> I WILL ASK AJAY TO SPEAK TO THAT.

I'LL BE UP FRONT WE DIDN'T GO INTO DETAIL ANALYZING ALL THE APPLICATION CRITERIA.

I'M NOT QUALIFIED TO ANSWER BUT PERHAPS AJAY IS.

>> I CAN SPEAK THAT.

THE CHALLENGE OF COMPARING TO NEIGHBORING JURISDICTIONS, IS THAT MANY OF THOSE PROGRAMS HAVE EXISTED FOR QUITE SOME TIME.

THEY HAVE LEGACY MARKETS.

IT IS CHALLENGING TO COMPARE THE APPLICATION PROCESS TODAY IN INDIO TO SOME OTHER JURISDICTIONS

[01:00:03]

WHAT WE'VE INCLUDED IS SIMPLY THAT THE BUSINESSES HAVE TO HAVE CAPITALIZATION TO BUILD ON THE FACILITY. AND THE REASON THAT IS COMMON IS BECAUSE YOU HAVE INSTANCES OF BUSINESSES OR INDIVIDUALS APPLYING FOR A LICENSE, BEING AWARDED THE RIGHT TO PROCEED.

AND BEING UNABLE TO BUILD UP.

AND SO, YOURS COULD GO BY FROM AN APPLICANT IS SELECTED, TO WHEN THEY'RE STILL UNABLE TO GET A LICENSE.

IT IS PRIMARILY DUE TO LACK OF CAPITALIZATION.

WE TRY TO AVOID THAT SITUATION BY REQUIRING BUSINESSES SIMPLY HAVE CAPITAL PLACE TO BE ABLE TO GET TO THE POINT WHERE THEY COULD BUILD OUT THEIR FACILITY.

AND THEN ALSO HAVE SOME MINIMAL CAPITAL PLACE TO BE ABLE TO OPERATE FOR THREE MONTHS.

>> I COULD ADD, THIS IS A SPECIAL PERMIT ISSUED BY THE CITY.

IT WILL GENERATE REVENUE FOR THE CITY SO WE DO WANT TO ENSURE THAT THERE IS FINANCIAL AND OPERATIONAL CAPACITY OF THOSE THAT ARE AWARDED PERMITS TO SUCCEED, ONCE THEY'RE DONE WITH OUR PROCESS THEY STILL HAD TO GO THROUGH THE STATE PROCESS. THE TIMELINE REFERRED TO AS DOES NOT END WITH US.

IT LITERALLY STARTS WITH US IN TERMS OF GETTING APPROVAL FROM US FIRST.

TO MAKE SURE THEY ARE IN A POSITION WHEN THEY DO OPEN THAT THEY WILL OPEN SUCCESSFULLY AND THE VALUE OF THE PERMIT IS RETURNED TO THE COMMUNITY IN TERMS OF THE POTENTIAL REVENUE AND OTHER BENEFITS THAT WILL BE IDENTIFIED IN THE COMMUNITY BENEFIT AGREEMENT.

>> MY CONCERN IS THAT NOT SO MUCH OF COURSE, WANT THE OPERATOR TO HAVE THE CAPITAL TO BE SUCCESSFUL IN THE CITY, BUT WE WANT TO MAKE IT FAIR AS WELL.

THAT'S WHY I'M ASKING FOR COMPARISONS STATEWIDE AND LOCALLY, I WILL OPEN UP TO COUNSEL FOR QUESTIONS.

>> IF I COULD, MR. MAYOR. I UNDERSTAND WHERE THEY'RE COMING FROM AND YOU WANT TO HAVE THE CAPITAL. BUT WHO DECIDES? BECAUSE WHEN YOU START TALKING ABOUT THE PERMITS WE ARE GIVEN, WE WILL GET FIVE. ARE WE STANDARDIZING WHAT IT IS? BECAUSE IF YOU HAVE SOME OF THE GET THE PERMIT THERE IS A SMALL BUILDING HAS A SMALL AMOUNT OF PRODUCT, IT MIGHT ONLY BE OUT $200,000. IF SO WANT TO DO MORE OF A HIGH-END FACILITY, IT COULD BE TWO OR $3 MILLION IS WHAT IT SOUNDS LIKE SO IS NOT HANDICAP TO SOMEONE THAT WILL INVEST MORE UNLESS THEY HAVE A DEEP POCKET TO DO IT? BECAUSE A LITTLE STOREFRONT WITH A LITTLE BIT OF SUPPLY, YOU CAN COME UP WITH MAYBE 100,000 OR 200,000 OPEN BUT IS THAT REALLY WHAT WE ARE LOOKING FOR IF WE WILL HAVE FIVE PERMITS? WHAT I'M SAYING, HOW DO YOU JUDGE THAT? I THINK IT DOES PUSH OUT PEOPLE THAT DON'T HAVE AN OPPORTUNITY.

I DON'T KNOW HOW TO GET AROUND IT BUT YOU KNOW WHAT I'M SAYING? TRYING TO NOT MAKE SURE THEY ARE FINANCIALLY ABLE, BUT WHAT ARE WE REALLY LOOKING FOR? YOU SEE WHAT I'M SAYING? AM I MAKING MYSELF CLEAR?

>> YES I CAN ANSWER THE QUESTION.

IF YOU'D LIKE ME TO. THE SPECIFIC CRITERIA WE'RE TALKING ABOUT IS CALLED PROOF OF CAPITALIZATION.

AND IT INCLUDES TWO COMPONENTS.

FIRST IS A BUDGET, THE APPLICANT HAS TO PROVIDE THEIR BUDGET, AND INCLUDE A $2 MILLION FACILITY AND $200,000 FACILITY.

THINGS LIKE CONSTRUCTION, OPERATIONS, MAINTENANCE, OTHER FACTORS.

IF THEY'RE PROPOSING A MODEST OPERATION THAT SMALL, WE ARE SIMPLY CHECKING TO MAKE SURE THE STARTUP CAPITOL THAT THEY HAVE AVAILABLE MATCHES WHAT THEY'RE PROPOSING.

WE ARE NOT PROVIDING EXTRA FOR SUMMER PROPOSING $2 MILLION FACILITY RELATIVE TO SUMMER PROPOSING MUCH SMALLER. IT WOULD ACCOUNT FOR SMALL BUSINESSES, LARGE BUSINESSES, SIMPLY WHAT WE ARE CHECKING FOR FOR CITIES THAT WE WORK WITH, IS THAT THEY HAVE SUFFICIENT CAPITAL TO IMPLEMENT THE PROJECT AS THEY HAVE DESIGNED IT.

>> I GET THAT POINT. LET ME ASK THE OTHER QUESTION THEN.

HOW DO YOU DECIDE WHICH ONE YOU WANT? DOES IT FALL UNDER CRITERIA UNDER POINTS? WHO DECIDES THE POINTS, CONSIDERING IF YOU'RE TALKING, LET'S SAY WE WANT THE 1.5 MILLION.

WE WOULD PREFER TO HAVE FOUR THAT ARE 1.5 MILLION. DO WE SCORE THOSE HIGHER? DO WE SQUARE THE OTHER WAS LOWER? THEY ARE BOTH PUTTING UP A GAME PLAN THAT IS ABLE TO DO IT BUT MAYBE THE CITY PREFERS A LARGER FACILITY.

WOULD WE GIVE THEM MORE POINTS? THEN HOW WOULD YOU RANK IF THEY BOTH DO IT?

>> THAT IS A GREAT QUESTION.

I THINK THAT GETS INTO THE PROCESS ITSELF.

THERE ARE TWO PARTS TO IT.

THERE IS THE INITIAL APPLICATION REVIEW, WHICH GENERALLY SPEAKING, IS PASS/FAIL. FOR SOME THE LIGHT PROOF OF CAPITALIZATION, WE ARE VERIFYING THAT THEY ARE

[01:05:01]

WE ARE NOT MAKING JUDGMENTS AS TO WHETHER A LARGER FACILITY OR SMALLER FACILITY HAS MORE VALUE TO THE CITY. WE COULD WORK, WE WILL WORK WITH CITY STAFF TO FLESH OUT THE DETAILS AND EXACT SCORING MECHANISMS FOR EACH OF THE CRITERIA.

THAT'S NOT TYPICALLY WHAT IS DONE.

USUALLY FOR APPLICATION REVIEW, IT'S A 90 PERCENT THRESHOLD TO MAKE IT TO THE NEXT ROUND.

TYPICALLY IT IS PASS OR FAIL.

YOU PROPOSE A BUDGET, YOU HAVE CAPITAL FOR THE BUDGET AND MOVE TO THE NEXT PHASE.

THE NEXT PHASE IS THE INTERVIEW PROCESS THUS MORE SUBJECTIVE, THAT'S WHERE DECISIONS ARE MADE AND THAT'S WHERE WE RECOMMEND CITY STAFF SERVE AS CORD TO THE DECISION-MAKING PROCESS.

AND WE ALSO INCLUDE MORE SUBJECTIVE CRITERIA SUCH AS LOCATION, IS APPROPRIATE, NEIGHBORHOOD, COMPATIBILITY PAID MORE SUBJECTIVE INFORMATION USED IS MORE APPROPRIATE FOR THAT TYPE OF SELECTION PROCESS THAT YOU'RE TALKING ABOUT.

>> THAT EXPLAINS I APPRECIATE THAT.

WHEN THIS CITY GOES INTO BUSINESS, WE GO INTO BUSINESS WE WANT A BUSINESS PLAN.

IF IT'S A CITY BUSINESS OR CITY BUILDING OR SOMETHING BUT WE DON'T ASK FOR THE CAPITAL AFTER THAT.

DO YOU HAVE A SOUND BUSINESS PLAN AND MOVE ON. HERE, YOU'RE ASKING FOR CAPITAL FOR THREE EXTRA MONTHS AND THUS A DIFFERENCE.

TO ME, BUSINESSES OR BUSINESSES BUT I UNDERSTAND THE CRITERIA.

THAT'S WHAT I WAS LOOKING AT YOU KNOW FOR REGULAR BUSINESS WE ASK FOR BUSINESS PLAN WILL ASK IF YOU CAN FUND OR NOT WE'LL SEE IF YOU CAN FIND IT IN THREE MINUTES IT CAN YOU FIND IT FOR THREE MONTHS AFTER TO MAKE SURE YOU MEET CRITERIA.

IT'S EITHER YOU CAN OR CAN'T PURITY SWIM OR SINK, ONE OR THE

OTHER. >> AND IT IS NOT A WEIGHTED RANKING PROCESS.

SIMPLY, THINK THE PAST FAIL DESCRIPTION PROVIDED IS A GOOD WAY TO LOOK AT IT.

BUT REMEMBER, ULTIMATELY, AS THE PROCESS HAS BEEN DEVELOPED AND PROPOSE THE COUNCIL MAKES THE FINAL DECISION SO, YOU HAVE STAFF RECOMMENDATION COME TO FOR EACH OF THE PERMITS AND RECOMMENDATION FOR YOUR CONSIDERATION BUT ULTIMATELY IS A COUNCIL DECISION.

YOU HAVE THE BAKR MATERIAL, THE RANKING SO TO SPEAK THAT WE PROVIDED SCORING, IF YOU WILL AND COUNSEL WILL DECIDE WHETHER OR NOT YOU AGREE WITH THE STAFF RECOMMENDATION AND HOW WE'VE CONDUCTED THE PROCESS.

A LOT OF IT IS GETTING IN THE DOOR TO SPEAK LIKE WAS SPOKEN ABOUT.

>> THANK YOU FOR THE QUESTION BECAUSE WHEN WE DO TALK ABOUT OTHER BUSINESSES, WE DO THAT CHECK WE DO OUR DUE DILIGENCE BEFORE WE WELCOME ANOTHER BUSINESS INTO OUR COMMUNITY SO THIS IS ON PAPER AND ANOTHER MECHANISM AS PART OF THE PROCESS OF ASKING THAT OPERATOR, DO THEY HAVE THE CAPITAL TO OPERATE? IF THERE IS NO FURTHER QUESTION --

>> I HAVE QUESTIONS. >> OKAY.

>> I SUPPORT STAFF RECOMMENDATION ON THE CAPITALIZATION AND FUNDS FOR BUILDOUT.

I THINK IT ALLOWS US FOR DIVERSITY IN BUSINESS SIZE AND TYPE AND ALSO, THE PURPOSE OF ASKING FOR THAT ASSURANCE ON THE FRONT END VERSUS A REGULAR BUSINESS THAT WILL COME INTO THE CITY, IS THAT THERE IS A LIMITED AMOUNT OF LICENSES THAT WE ARE GOING TO ALLOW IN THE CITY.

AND FOR SOMEONE TO BE A RECIPIENT OF THE LICENSES, THEY NEED TO PROVE UP FRONT THAT THEY WILL BE ABLE TO FULFILL THEIR OBLIGATION UNDER THE LICENSURE.

RATHER THAN TO JUST HOLD UP A LICENSE AND NOT BE ABLE TO COMPLETE THE PROJECT WITHIN THE TIME ALLOWED.

I WOULD REALLY SUPPORT STAFF POSITION BECAUSE I THINK IT GIVES MORE SURETY TO THE SUCCESSES OF THESE BUSINESSES. BUT THE QUESTION THAT I HAVE IS MORE RELATED TO THE 10 PERCENT OWNERSHIP FROM APPLICATION TO APPLICATION.

I WANTED TO KNOW IF THAT 10 PERCENT IS CUMULATIVE, OR PER APPLICATION. IF ONE APPLICATION COMES IN WITH SOMEONE WITH 10 PERCENT OR HIGHER OWNERSHIP, AND HE IS TWO PERCENT AND THE OTHER FOUR APPLICATIONS LET'S SAY, THREE PERCENT.

IS THAT CUMULATIVE OR -- BY APPLICATION?

>> THANK YOU, IF YOU LIKE I CAN ASK AJAY TO RESPOND TO THAT?

>> OBSOLETE. >> PLEASE RESPOND.

>> SURE, THANK YOU FOR ASKING THAT.

IT IS NOT CUMULATIVE.

IF SOMEONE IS A MINOR STAKEHOLDER, TWO PERCENT OR FIVE PERCENT, IT IS REALLY INTENDED FOR 10 PERCENT OR MORE OWNERS WHICH IS WHAT THE ORDINANCE DEFINES AS AN OWNER.

AND ENSURING THAT YOU DON'T HAVE APPLICANTS TRYING TO GAIN THE SYSTEM BY SUBMITTING MULTIPLE APPLICATIONS AS AN OWNER THROUGHOUT THE CITY, IT HELPS ENSURE THAT THERE IS OPPORTUNITIES FOR OTHERS AS WELL.

[01:10:04]

AND SO, IT IS SOMETHING WE RECOMMEND TRYING TO AVOID BY SETTING OWNERSHIP RESTRICTIONS SO THAT YOU DON'T HAVE SO MUCH SUBMITTING AS AN OWNER MULTIPLE TIMES THROUGH THE PROCESS.

>> YOU ARE SAYING THAT I CAN, IF I'M SUBMITTING AN APPLICATION, SUBMIT MY COMPANY UNDER ALL FIVE APPLICATIONS AS LONG AS I DON'T MEET THE 10 PERCENT THRESHOLD IN ANYONE?

>> I'M SORRY CAN YOU REPEAT THE QUESTION?

>> THIS IS NOT CUMULATIVE, I CAN HAVE OWNERSHIP OF LESS THAN 10 PERCENT IN ALL FIVE

APPLICATIONS. >> THAT IS CORRECT.

>> I'M NOT SURE THAT REALLY ACCOMPLISHES WHAT YOU ARE LOOKING TO ACCOMPLISH.

ARE WE TRYING TO ENCOURAGE DIVERSITY? OR ARE WE ALLOWING A LOOPHOLE FOR THE STRONGEST TO HAVE INTEREST IN ALL FIVE LICENSES BECAUSE THEIR PERCENTAGES ARE UNDER 10 PERCENT.

>> CITY COUNCIL COULD AMEND THE NUMBER, IF YOU LIKE, FOR A LOWER THRESHOLD.

THE CHALLENGES THAT THE OWNER IS DEFINED AS SOMEONE WITH 10 PERCENT OR MORE IN THE BUSINESS.

THAT TYPICALLY ARE PEOPLE THAT WILL BE IDENTIFIED IN THE APPLICATION.

AND SO, IF YOU'RE HOPING TO HAVE A LOWER THRESHOLD, YOU ALSO MAY NEED TO ENSURE THAT THOSE OTHER OWNERS ARE REPORTING THEMSELVES ON THE APPLICATION WHICH CAN BE DONE.

BUT THEY ARE ALSO NOT CONTROLLING INTEREST. TYPICALLY, WE SEE AN ISSUE OF THIS TYPE OF GAMING IS SOMEONE WHO IS 50 PERCENT OR MORE SO CONTROLLING INTEREST IN A BUSINESS, SUBMITTING MULTIPLE APPLICATIONS AND THEN CHANGING SOME OF THE OWNERS AND REPRESENTING IT AS A DIFFERENT BUSINESS ENTITY ESSENTIALLY. SO, WE HAVE NOT SEEN THAT SORT OF GAMING FOR SOMEONE WHO IS A FIVE PERCENT OWNER FOR EXAMPLE, BEING INVOLVED IN THE APPLICATIONS, IS NOT THE SAME.

ULTIMATELY THEY ARE A MINOR OWNER.

>> I DON'T WANT TO LOWER THE THRESHOLD, BUT I CAN SEE YOUR POINT THAT THERE REALLY WOULDN'T BE AN INTEREST FOR A BIG PLAYER TO BE A MINORITY INTEREST IN A PERMIT BECAUSE THEY WANT TO HAVE A CONTROLLING INTEREST.

I THINK THAT RESOLVES THE ISSUE I HAD.

>> OTHER OTHER QUESTIONS POSED? WOULD YOU LIKE ME TO RESPOND TO THEM?

>> SURE. TWO QUESTIONS RUN LOCAL OWNERSHIP.

THE FIRST WAS REGARDING THE CURRENT REQUIREMENT THAT SPECIFIES THAT THE OWNERS NEED TO RESIDE WITHIN THE CITY LIMITS IN THE CITY OF INDIO. THAT'S A RECOMMENDATION.

WE HAVE FEEDBACK FROM CITY COUNCIL AND PRIOR DISCUSSIONS ABOUT INTEREST IN HAVING SOME SORT OF LOCAL PREFERENCE OR LOCAL CONSIDERATION.

AGAIN, IT IS COUNSEL DISCRETION WHETHER OR NOT YOU WANT TO REQUIRE THAT RESIDENCY IN THE CITY OF INDIO. IT IS NOT IN ANY WAY, A MANDATE OR A NEED, IT IS BASICALLY OUR INTERPRETATION OF WHAT WE HEARD FROM YOU AND TRYING TO PUT THAT DOWN.

AS A DISCRETIONARY DECISION ON YOUR PART.

IT MAY ALLOW THE LOCAL BASED BUSINESS OPPORTUNITY FOR ADDITIONAL CONSIDERATION BUT AGAIN, IT IS YOUR DISCRETION.

THE OTHER ITEM REGARDING LOCAL WAS BY THE GENTLEMAN REGARDING THE PERCENTAGE AND THE INTEREST THAT WAS EXPRESSED IN WHAT THE CITY OF COACHELLA HAD DONE.

THAT IS NOT SOMETHING THAT THE CURRENT SET OF APPLICATION GUIDELINES AND EVALUATION CRITERIA ARE SET UP TO DO.

AGAIN, IT WILL BE COUNSEL DISCRETION AND ACTION IF HE FELT IT WAS AN APPROPRIATE STEP TO TAKE BUT IT IS NOT PROPOSED NOR IS IT PRESENT IN

WHAT IS BEFORE YOU THIS EVENING. >> I HAVE A COMMENT ON THAT.

>> GO AHEAD, COUNCILMEMBER.

>> I'M NOT ONE OF THE PROPONENTS OF THE LOCAL PREFERENCE.

I KNOW THAT WITH OUR GENERAL CONTRACTOR WE PUT UP TO BID, THERE IS A LOCAL PREFERENCE, AND I DON'T REMEMBER WHAT THAT POINT SYSTEM IS BUT I DO REMEMBER THAT IT IS COACHELLA VALLEY WIDE.

JUST FOR YOUR INFORMATION TO MY COLLEAGUES, IF THAT IS SOMETHING THAT YOU WANT TO INCLUDE IN THIS PROCESS, USUALLY, IF WE ARE GOING TO DO IT, WE WILL HAVE PARITY WITH WHAT WE ALREADY DO AND I DON'T KNOW IF -- IS THE ONLY THING IS A LOCAL PREFERENCE, BUT AGAIN, I'M NOT A PROPONENT OF LOCAL PREFERENCE.

BUT HE WOULD KNOW IF IT IS COACHELLA VALLEY AND WHAT THE PERCENTAGE IS.

>> I THINK THE COUNCIL MEMBERS, IT IS 10 PERCENT SPECIFIED IN CURRENT CITY ORDINANCE AND I BELIEVE IT IS VALLEY WIDE.

[01:15:01]

10 PERCENT FOR INDIO FIVE PERCENT VALLEY WIDE.

>> I MIGHT JUMP IN WITH ANY CONSIDERATION WITH REGARD TO THE LOCAL.

YOU KNOW, FOR SOME INTEREST IN A BROADER VIEW PERHAPS, AS MR. SNYDER AND I INDICATED, MAYBE SOMETHING EAST OF WASHINGTON. SO YOU ARE TAKING THIS PART OF THE VALLEY RATHER THAN OUTSIDE OF THE VALLEY.

ANYWAY, THERE MIGHT BE A WAY TO DO SOMETHING LIKE THAT WHERE JUST A LITTLE BIT BROADER, BUT NOT THE WHOLE VALLEY.

JUST A THOUGHT. >> I THINK I WOULD LIKE THE 10 PERCENT INDIO AND FIVE PERCENT VALLEY WIDE.

>> AND IT ALSO SPEAKS TO COUNCILMEMBER RAMOS AMITH POINT KEEPING IT GENERAL ACROSS THE BOARD. [INAUDIBLE]

>> IT WOULD BE 10 PERCENT OF THE APPLICATION.

>> THIS IS UNDER PHASE 3 EVALUATION SECTION D QUALIFICATIONS OF OWNERS.

ITEM NUMBER FOUR THAT SAYS TO THE EXTENT DESCRIBED THAT IT WILL BE A LOCALLY OWNED ENTERPRISE AND OWNERS RESIDE WITH THE CITY IN ORDER TO QUALIFY YOU MUST LIVE IN THE CITY FOR ONE YEAR PRIOR TO JUNE 1, 2022.

IF I INTERPRET THE COUNCIL IS TALKING ABOUT, YOU WOULD WANT THIS LANGUAGE TO BE RE-CRAFTED TO IDENTIFY A CERTAIN LEVEL OF PREFERENCE IF YOU ARE WITHIN INDIO, THAT MAY HAVE A HIGHER CONSIDERATION THAN SOMEONE WHO IS IN OR OUTSIDE OF THE CITY OR VALLEY.

IF YOU'RE WILLING AS PART OF CONSIDERATION TO ALLOW STAFF TO CRAFT THE LANGUAGE AND THE RESOLUTION MIGHT CONSIDER TAKING, GIVES THE ABILITY TO DO THAT, I THINK WE CAN COME UP WITH LANGUAGE REPRESENTING.

>> I THINK IT WAS TO ENCOURAGE LOCAL OPERATORS IN THE CITY BUT I SUPPORT THIS AND I DON'T KNOW IF DURING THE RESOLUTION DOES THE VERBIAGE HAVE TO CHANGE, CITY ATTORNEY?

>> YOUR MOTION COULD INCLUDE --

>> YES, THE MOTION COULD INCLUDE THAT.

I WAS ALSO LOOKING THAT THE MUNICIPAL CODE WITH RESPECT TO CONTRACT PREFERENCE AND IT IS 10 PERCENT PREFERENCE FOR A BUSINESS THAT DOES MORE THAN 50 PERCENT WITHIN THE CITY LIMITS.

I DID NOT SEE A FIVE PERCENT PREFERENCE FOR SOMEBODY VALLEY WIDE.

>> SOMEONE, WE'RE TALKING 10 PERCENT OF 100 POINTS, RIGHT?

>> NO, WE'RE TALKING ABOUT -- CONTRACT THAT IS NOT ORDINANCE.

>> UNDERSTAND BUT I'M SAYING ON THE POINTS WERE NOT TALKING 10 PERCENT OF THE WHOLE

APPLICATION. >> NO, THAT IS UP TO STAFF TO RANK.

>> I WANT THE BEST OPERATORS.

IF THERE LOCAL SO BE IT, IF THEY'RE NOT THEN SO BE IT TOO.

>> I THINK IF YOU GIVE US THE DISCRETION IN ADOPTING ACTION WE CAN ADOPT LANGUAGE THAT IDENTIFIES WHAT WE'VE HEARD THIS EVENING, WHICH IS THAT YOU WANT SOME LEVEL OF CONSIDERATION GIVEN TO THOSE THAT RESIDE IN INDIO BUT ALSO LESSER CONSIDERATION GIVEN TO THOSE THAT RESIDE IN THE VALLEY.

IN THIS SECTION, WHICH IS PART OF THE EVALUATION, WE WOULD LOOK AT THAT. THIS MIGHT BE ONE INSTANCE IN THE APPLICATION PROCESS WHERE THERE IS A WAITING SO TO SPEAK.

I SAID THERE WASN'T BUT IN THIS INSTANCE BECAUSE OF WHAT THE COUNCIL IS TALKING ABOUT AND POTENTIALLY DIRECTING, THEY WOULD BE WAITING AROUND LOCAL

OWNERSHIP. >> ONE LAST.

WHEN WE ARE TALKING ABOUT THAT, IS IT OWNER OPERATOR? IS IT 10 PERCENT? IS IT PART OWNER? WHAT PART OF THAT IS INDIO? WHERE DO WE GOTTA GO? THEY HAVE TO BE OVER 50 PERCENT. IF THAT IS THE CASE, SOMEBODY COULD JUST GET SOMEBODY IN THE CITY, GIVE THEM ONE PERCENT, PUT THEIR NAME ON THE APPLICATION AND I'VE GOT A INDIO RESIDENT NOW THAT IS A OWNER AND MOVE ON.

>> EXCELLENT POINT.

MY ASSUMPTION AND I'M GLAD YOU ASKED THE QUESTION.

SHOULD BE THE PRIMARY OWNERSHIP AS AJAY IS TALKING ABOUT REPRESENTING A MAJORITY INTEREST.

>> HAVE A QUESTION, WHO WOULD BE SCORING APPLICATIONS?

>> THE PROCESS WE ARE PROPOSING WILL BE A MULTISTEP PROCESS, AS AJAY EDUCATED, THERE WILL BE AN OPPORTUNITY TO SUBMIT, THEY WOULD BE AN EVALUATION PROCESS THAT WOULD BE DONE BY A SELECT GROUP OF CITY STAFF SELECTED BY THE CITY MANAGER.

WE WOULD GO TO THE PROCESS, WE WOULD PUT TOGETHER OUR RECOMMENDATIONS AND ULTIMATELY, THAT WOULD COME TO COUNSEL FOR YOUR CONSIDERATION. NOT DIFFERENT FROM ANY OTHER ACTION WE BRING TO BE GIVING RECOMMENDATION.

PROVIDE BACKGROUND HOW WE EVALUATED THE BUSINESSES BUT ULTIMATELY A COUNCIL DECISION.

>> BY THE TIME HE GETS THE COUNCIL IT WOULD BE COMING WITH THE POINTS AWARDED TO IT.

>> WHAT WE RECOMMEND, CORRECT.

>> I JUST WANT TO BE REALLY CAREFUL BECAUSE THERE ARE A LOT OF LAWSUITS IN THE STATE WITH

[01:20:01]

WANT TO MAKE SURE THAT BY THE TIME IT GETS TO US, THERE IS A SOLID RECOMMENDATION FROM STAFF AND WE NEED TO BE CAREFUL WITH GOING ASIDE FROM THAT BECAUSE IT OPENS US UP TO POTENTIAL LAWSUITS, THE QUESTION I HAVE IS BECAUSE YOU KNOW, IN THE APPLICATION PROCESS, RECEIVE BUSINESS PLAN 400 POINTS RIGHT? INITIAL APPLICATION PROCESS WILL THAT BE BROKEN DOWN FURTHER INTO 40 POINTS FOR THIS AND 40 POINTS FOR THIS BECAUSE IF IT'S JUST 400 AND YOU ARE APPLYING AT THE GETTING IS SUBJECTIVE AND AGAIN, OPEN US UP TO POTENTIAL LAWSUITS.

>> AJAY HAS DONE THIS MULTIPLE CITIES I WILL ASK THEM TO GIVE MORE DETAIL ON THE PROCESS.

>> THANKS KEVIN.

AFTER THE CRITERIA ARE ADOPTED, NEXT STEP WOULD BE FOR CITY STAFF TO ALLOCATE SUBCATEGORIES FOR EACH OF THESE TO REALLY IMPLEMENT THE OVERALL INTENT OF THE CRITERIA. THAT'S WHAT EACH CRITERIA WOULD BE REALLY ITEMIZED AND SPECIFIC POINTS WILL BE AWARDED WITHIN EACH OF THE CATEGORIES.

THERE WOULD BE MORE DETAIL TO THE SCORING PROCESS THROUGH CITY STAFF PROVIDING INITIAL INSTRUCTIONS.

>> AND OTHER QUESTION, THE 23,000 ANNUAL FEE, HOW ARE WE GETTING THAT NUMBER?

>> THAT IS THE NEXT AGENDA ITEM, WOULD YOU LIKE ME TO WAIT?

>> WE CAN WAIT -- WE CAN GO TO THE NEXT ITEM.

>> IS THE ANNUAL REGISTRATION FEE THAT THE MAYOR PRO TEM IS REFERRING TO IS NOT DISSIMILAR TO HOW WE DO OUR FEE STUDIES AND CALCULATIONS AND PRESENT RECOMMENDATIONS TO THE COUNCIL FOR YOUR CONSIDERATION OF ADOPTION OF FEES, WHETHER NEW OR UPDATED.

WE WENT THROUGH A SIMILAR PROCESS WHERE WE LOOKED AT THE AMOUNT OF STAFF RESOURCES THAT WOULD BE NEEDED TO IMPLEMENT. AND SO, WE FOLLOWED A SIMILAR PATTERN THAT WE DID WITH RECENT FEE STUDIES AT YOUR APPROVED FOR THE PLANNING, BUILDING ENGINEERING AND OTHER FEES WILL WE CALCULATE A STAFF TIME THAT WE FELT WAS NEEDED TO IMPLEMENT VARIOUS STEPS BASED ON THAT, THEN WE CAME UP WITH THAT NUMBER, IF YOU WILL.

WE DID THE SAME THING FOR THE APPLICATION FEE.

THESE FEES ARE BACKDATED, IF YOU WILL OR BACKGROUNDED BY AN EXTENSIVE KIND OF FEE ANALYSIS BASED ON NUMBER OF HOURS, LOADED RATE OF STAFF, THE ALL IN RATE OF A STAFF PERSON IS PROVIDED AND THEN FROM THAT WE WERE ABLE TO CALCULATE AND PROPOSE A RECOMMENDED FEE.

>> I WANT TO SAY AM LOOKING FORWARD TO IT, WE SHOULD SEE WHY WE ARE GETTING THREE TIMES HIGHER THAN OTHER CITIES.

>> DO YOU HAVE THE SLIDE READY?

>> LET'S TAKE CARE OF THIS ITEM AND GO ON TO THE NEXT ONE.

I APPRECIATE THE DISCUSSION.

THIS IS UNCHARTED TERRITORY FOR THE CITY.

WE'VE DONE A LOT OF WORK AND WE APPRECIATE IT AND WE APPRECIATE AJAY AND THE CITY ATTORNEY AND MR. SNYDER ANSWERING QUESTIONS.

I WOULD ENTERTAIN A MOTION ON THE ITEM.

>> I WOULD LIKE CLARIFICATION THOUGH, IF THERE IS SUPPORT FOR LOCAL PREFERENCE.

I PERSONALLY DO NOT SUPPORT IT SO I WANT TO ASSURE THE MOTION IS STATED CLEARLY TO THAT

ISSUE. >> I DO SUPPORT IT.

>> SHE SAID SHE DOES NOT SUPPORT IT.

-- [INAUDIBLE] >> AS LONG AS IT IS FAIR.

>> WE ARE TRYING TO BE EQUITABLE.

>> THE OTHER THING IS, AND THIS GENTLEMAN BROUGHT UP, ABOUT LOCATIONS.

ANOTHER WAS SEPARATED FROM CHURCHES AND SEPARATED FROM SCHOOLS AND FROM OTHER STUFF.

PART OF THE CRITERIA WE ARE LOOKING AT IS BASED ON WHERE IT IS.

LOCATION, BASED ON THAT.

WHAT DO WE DO ABOUT BUSINESSES THAT HAVE NOT BEEN INVOLVED, THAT MEET OUR CRITERIA BUT THE ACTUAL OWNERS DON'T WANT IT? LIKE, LET'S PUT HOME DEPOT.

THEY WANT TO GO IN THERE AND DO STUFF THE HOME DEPOT CENTER AND BUSINESSES AROUND IT DO NOT WANT IT.

DO WE STILL FORCE IT DOWN THEIR THROAT? BECAUSE IT AFFECTS OTHER BUSINESSES.

I THINK THEY'RE TALKING ABOUT THE MALL, LOOKING TO START BUSINESSES, BRING BUSINESSES INTO THE MALL.

THEY MAY NOT BE AS SUBJECTIVE AND HAPPY TO HAVE A MARIJUANA BUSINESS OR CANNABIS BUSINESS LESSON BECAUSE IT MIGHT SCARE AWAY SOME OF THE BUSINESSES THAT THEY'RE LOOKING TO PRODUCE.

HOW DOES THAT AFFECT OTHER BUSINESSES THAT HAVEN'T STARTED YET GOING UP EITHER? HOW DO YOU GIVE BACK SUBJECTIVE IS BECAUSE RIGHT NOW IS JUST AROUND CIRCLE THIS IS A CHURCH, ANYTHING WITHIN THE AREA YOU CAN DO IT, HERE'S A SCHOOL, WE HAVE BUSINESSES THAT ARE COMING FORWARD IN

[01:25:04]

HOW DO WE LOOK AT AREAS LIKE THAT OR LOOKING AT THE FAIRGROUNDS IS ANOTHER AREA THAT REALLY ISN'T ANYTHING THERE THAT YOU COULDN'T DO IT BUT IT'S A CHILDREN'S THING, HOW DO WE SCORE SOMETHING AND WORK ON

THIS? >> ALBRECHT ON THE QUESTION IF I COULD.

BECAUSE THERE ARE SEVERAL PARTS THAT.

NEITHER THE CITY MANAGER OR AJAY MAY WANT TO JUMP IN FIRST AND FOREMOST COUNSEL MAY REMEMBER WE ADOPTED AN ORDINANCE THE SPECIFIED AREAS OF THE CITY, CORRECT? WE KNOW THOSE OF THE COMMERCIAL AREAS EXCLUDING NEIGHBORHOOD COMMERCIAL, MIXED-USE DISTRICTS THAT ARE ZONED, NEAR FUTURE YOU HAVE A ZONING CONVERSATION ON MIXED-USE ZONING.

IT ALSO SPECIFIC PLANS THAT HAVE ALLOWED FOR THE ADOPTION BY COUNSEL, COMMERCIAL AREAS EXCLUDING SOME AREAS WE KNOW WE HAVE AREAS OF THE CITY.

AS INDICATED, WE ALSO ADOPTED BUFFERING STANDARDS.

THE 600 FOOT IS STATUTORY AND REQUIRED FOR YOUTH CENTERS, PUBLIC AND PRIVATE SCHOOLS, PARKS, WE HAVE A DISTANCE ON THE IN ADDITION COUNSEL ALSO SAID 250 FEET FOR CHURCHES AND RESIDENTIAL ZONES. ONE OF THE FIRST STEPS IN APPLICABLE GO THROUGH IS TO RECEIVE ZONING VERIFICATION LETTER FROM US.

IF THEY DON'T MEET THE ZONING CRITERIA, THEY ARE NOT GOING TO PROCEED.

IN THAT LOCATION THAT'S ONE OF THE FIRST STEPS.

THERE IS AN EARLY OPPORTUNITY FOR THE APPLICANT TO KNOW WHETHER OR NOT THEY ARE IN THE RIGHT LOCATION.

THE OTHER THING IS THAT IF THE APPLICANT IS NOT THE PROPERTY OWNER, WILLIE EVEREST OF PROPERTY OWNER AUTHORIZATION APPLICANT CANNOT JUST COME IN AND APPLY FOR A PERMIT WITH US AND NOT SHOW THAT THE OWNER OF THE PROPERTY IS IN AGREEMENT WITH THIS.

US ANOTHER STEP. THE PROCESS FOR CONSIDERATION IS ULTIMATELY PUBLIC.

AND SO, THERE WILL BE A TIME AT WHICH A COUNSEL DISCUSSION AND CONSIDERATION WILL OCCUR, AND THAT WILL BE PUBLICLY NOTICED AND INTERESTED PARTIES, WHETHER THEY BE ADJACENT PROPERTY OWNERS WERE BUSINESSES ON THE SAME PROPERTY, WILL HAVE THE OPPORTUNITY TO RAISE CONCERNS.

IT WAS -- THIS IS INTENDED TO BE MERIT-BASED. THIS IS WHAT WE HAVE CRITERIA AND TAKING ACTIONS TO LEAD TO A COUNSEL DECISION SUPPORTED BY FACTUAL INFORMATION YOU CAN RELY UPON.

ANY ITEM BEFORE COUNSEL THE PUBLIC ALWAYS HAS THE RIGHT TO GIVE THEIR INPUT.

IT IS ALSO COUNSEL DECISION AS TO WHETHER OR NOT YOU WANT TO CONSIDER THE INPUT WITH THE PARTY.

GUIDANCE PARTICULARLY IF IT'S A LEGAL MATTER FROM THE CITY ATTORNEY.

THE CITY MANAGER ANYBODY ELSE LIKE TO ADD ANYTHING?

>> IF I COULD ADD SOMETHING TO THE QUESTION FROM COUNCILMEMBER MILLER.

THERE IS NO SPECIFIC NOTICE GIVEN TO ANY NEIGHBORING PROPERTY OWNER BECAUSE THE BUSINESS BEING TREATED LIKE ANY OTHER BUSINESS.

THERE IS NO CONDITIONAL USE PERMIT PROCESS.

I WANT TO ALSO ADD TO THAT WE ARE TREATING THE BUSINESS AS ANY OTHER SIMILAR BUSINESS LIKE A DRUGSTORE OR WHAT NOT. THERE IS NO SPECIFIC NOTICE BEING PROVIDED DURING THE EVALUATION PROCESS TO ANY NEIGHBORS OF WHERE THE LOCATION WILL BE, BUT AS MR. SNYDER NOTED, THE CITY COUNCIL EVALUATION INTERVIEW PROCESS WILL BE A PUBLIC PROCESS BECAUSE IT HAS TO GET A PUBLIC

MEETING. >> THE CITY ATTORNEY SO THAT CORRECTIVE.

COUNSEL DECIDED NOT TO REQUIRE CONDITIONAL USE PERMIT PROCESS. ALLOW THE BUSINESSES IS PERMITTED LAND USE SUBJECT TO THE CANNABIS BUSINESS PERMIT PROCESS BUT OBVIOUSLY THE COUNCIL AGENDAS ARE PUBLIC, THIS IS A PUBLIC PROCESS THE OPPORTUNITY FOR ENGAGEMENT EXISTS.

>> I APPRECIATE THAT.

I THINK WE DID A GREAT JOB OUTLINING THE BUFFER ZONES AND REALITY OF IT, THIS IS SOMETHING NEW FOR THE CITY AND IF YOU LOOK AT SOME NEIGHBORING CITIES OF RIPTA PALM SPRINGS DOWN TO COACHELLA, A LOT OF RETAIL SHOPS HAVE BEEN OPERATING SUCCESSFULLY AND SO, I THINK ONCE THOSE RETAIL SHOPS OPEN, I THINK WHAT WE HAVE DONE A GOOD JOB OF MAKING, ENTERING THE COMMUNITY SAFE AND SUCCESSFUL BUSINESS.

THERE IS NO OTHER QUESTION OR COMMENTS, ENTERTAIN A MOTION ON THIS ITEM.

CHRIS MOTION TO ADOPT RESOLUTION NUMBER 10314 ESTABLISHING PROCEDURE GUIDELINES AND CRITERIA TO GOVERN THE APPLICATION AND SELECTION PROCESS FOR CANNABIS STOREFRONT RETAIL BUSINESS PROGRAM PERMITS AND DETERMINING ADOPTION OF THE GOBLINS AND REVIEW CRITERIA EXEMPT FROM REVIEW UNDER CEQA GALLON 15601 B3 WITH AMENDMENT THAT WE INCLUDE THE LOCAL PREFERENCE SCORING.

[01:30:08]

>> SECTION D4?

>> YES. CRYSTAL CLEAR FROM THE LOCAL PREFERENCE, WHAT I HEARD IS THAT YOU WILL DELEGATE TO STAFF, TO PROVIDE EXTRA CONSIDERATION TO THOSE RESIDING IN INDIO, AND SOME OTHER KIND OF CONSIDERATION FOR THOSE THAT RESIDE VALLEY WIDE AND IT WOULD PERTAIN TO THE PRIMARY

OWNER. >> YES.

>> MOTION ON THE FLOOR, IS THERE A SECOND?

>> SECOND PEER. >> MOTION AND SECOND.

CAN I HAVE A VOTE, PLEASE.

THANK YOU. NEXT ITEM, 10.6.

[10.6 Review and discussion of and possible direction for the establishment ...]

SNYDER. >> THANK YOU. THIS ITEM IS A DISCUSSION ITEM ONLY.

WE ARE NOT ASKING FOR ANY ACTION THIS EVENING BECAUSE WE THOUGHT IT MIGHT BE A TOPIC THAT COUNSEL WOULD LIKE TO DISCUSS FIRST.

AND THAT IF WE ULTIMATELY GET DIRECTION FROM YOU THEN WE WOULD BRING IT BACK AT A FUTURE COUNCIL MEETING FOR YOUR CONSIDERATION.

AS I MENTIONED A LITTLE BIT EARLIER, WE WORKED EXTENSIVELY WITH OUR FINANCE DEPARTMENT, WITH -- TO DETERMINE THE APPROPRIATE LEVEL OF FEES TO BE CHARGED. WE ARE DOING THEM INTO CLASSIFICATIONS.

ONE IS AN ANNUAL REGISTRATION FEE AND THE DOCUMENT ON THIS IS THE FEE ON THE LEFT.

OR THE COLUMN ON THE LEFT I SHOULD SAY. THE COLUMN ON THE RIGHT IS THE APPLICATION FEE.

AS I MENTIONED BEFORE, WE TOOK ALL OF THE STEPS THAT ARE IN THE PROCESSES AND WORKED WITH HDL WHO HAS EXTENSIVE EXPERIENCE IN KNOWING WHAT THE STEPS ARE, AND REPLIED AN ESTIMATED HOURS, AND AGAIN, LOADED RATE OF THE STAFF THAT WOULD BE DOING THE WORK.

THE RATE AGAIN, IS THE ALL IN RATE OF WHAT IT COST TO HAVE THAT STAFF PERSON DO THE WORK ON AN HOURLY BASIS.

IN THIS INSTANCE, WE IDENTIFIED IS THAT THE CITY OF INDIO APPLICATION FEE, I'LL START WITH THAT.

RECOMMENDED AT $10,856.

THAT IS TO COVER ADMINISTERED OF COST OF DOING THE WORK THAT WE ARE IDENTIFYING THAT NEEDS TO BE DONE TO ULTIMATELY BRING RECOMMENDATIONS TO THE CITY COUNCIL FOR CONSIDERATION.

THIS IS NO DIFFERENT THAN IF THE FEES YOU CONSIDERED FOR PLANNING APPLICATIONS FOR EXAMPLE, IF SOMEONE WAS TO COME IN AND DO A DESIGN REVIEW APPLICATION OR CONDITIONAL USE PERMIT OR OTHER APPLICATION TYPE YOU SET THESE FOR THOSE BASED ON WHAT STAFF HAS RECOMMENDED TO YOU IS THE COST OF PROVIDING THE SERVICE.

THIS IS THE COST THAT WE DETERMINED BASED ON THAT ANALYSIS.

AS YOU CAN SEE, OR ALMOST MID RANGE AND WE ARE BELOW WHAT THE AVERAGE APPLICATION FEE IS.

SEVERAL OF THE CITIES AROUND US HAVE, THEIR FEES ARE SMALLER.

IN PART, THAT'S BECAUSE SEVERAL OF THE CITIES HAVE A TAX.

AND SO THEY ARE ABLE TO ADJUST THEIR COST CENTERS THROUGH OTHER SOURCES OF REVENUE.

WE DO NOT HAVE IT TAX AND THAT IS SOMETHING COUNSEL DISCUSSED PREVIOUSLY.

IN THE CASE OF PALM DESERT, THE FEES LISTED, THEY DID IDENTIFY THAT THE BUSINESSES SHOULD GO THROUGH CONDITIONAL USE PERMIT PROCESS.

THAT FEE IS ACTUALLY THERE CONDITIONAL USE PERMIT FEE.

AGAIN, WE TOOK A LOOK WITH AJAY ASSISTANCE WITH OUTSIDE AND IN THE VALLEY, WE DID NOT GET RESPONSES FROM SOME OF THE CITIES AND IN SOME INSTANCES IT WAS HARD TO FIND OUT FROM THE WEBSITE SO WE DID THIS TO THE CITIES WERE ABLE TO SPEAK TO DIRECTLY TO ENSURE WE UNDERSTOOD THEIR FEES.

THE FEES ON THE LEFT, THE ANNUAL REGULATORY OR PERMIT FEE, THESE ARE FEES REQUIRED FOR US TO ANNUALLY EVALUATE AND ENSURE THAT THE BUSINESSES ARE CONDUCTING BUSINESS OPERATIONS ACCORDINGLY, AND ALSO THAT THEY ARE MEETING THE STANDARDS THIS COULD INCLUDE INSPECTIONS, EVALUATION OF CODE ENFORCEMENT, BASICALLY A STAFF OF OUTCOME I CANNOT SOME OF THE APPLICATION PROCESS BUT EVALUATING, DOES THE BUSINESS REMAIN IN GOOD STANDING WITH THE CITY? AND THIS IS THE COST OF US NEEDING TO PROVIDE THE SERVICE. AGAIN, WE ARE SLIGHTLY ABOVE MID RANGE BUT WE ARE BELOW THE AVERAGE ANNUAL REGULATION FEE AND I THINK THE CITY MANAGER WANTS TO SAY SOMETHING.

>> ANNUAL FEE MIGHT DRAW THE MOST ATTENTION.

IF YOUR STUDENT HAS FOR EXAMPLE, A 10 PERCENT TAX, WE HAVE DISCUSSED WITHIN THE COMMUNITY DEVELOPMENT OR COMMUNITY BENEFIT

[01:35:04]

THE 10 PERCENT IS COVERING A LOT OF THE COSTS. IF YOU LIKE US TO HAVE A LOWER ANNUAL FEE, BUT IN THE COMMUNITY DEVELOPMENT, COMMUNITY BENEFIT AGREEMENT, HAVE A HIGHER PERCENTAGE, THEN YOU SEE THERE WILL BE MORE COMPARABLE. IF YOU DO THE MATH, WE ARE PROBABLY BETTER OFF DOING IT THIS WAY, THOSE IN THE AUDIENCE THAT ARE IN THE BUSINESS MIGHT WANT TO COMMENT ON THAT.

BUT AGAIN, HAVING A LOWER PERCENTAGE OF TAX, LET'S CALL IT, WOULD SEEM TO ME TO BE FAIR AND THEY JUST HAVE A FLAT FEE THEY KNOW EXACTLY WHAT IT IS EACH YEAR.

THAT'S WHY THE OTHERS LOOK SMALLER.

HAVE ANOTHER REVENUE SOURCE BEYOND WHAT WE'VE CONTEMPLATED.

>> AND WE HAVE CONSISTENTLY HEARD FROM COUNSEL AND YOU DO HAVE A DESIRE TO APPROACH A REASONABLE AMOUNT OF COST RECOVERY SO THE FEES ARE TEMPTED TO DO THAT.

I WOULD NOTE THAT IN THE ATTACHMENTS TO THE RESOLUTION YOU HAVE A SUMMARY OF THE DIFFERENT COST CENTERS FOR THE FEES SO YOU CAN SEE WHAT WE HAVE ESTIMATED FOR THE DIFFERENT ACTIONS THAT WE ARE GOING THROUGH IN THE ANNUAL REGULATORY PROCESS AND HOW IT ADDED UP TO THAT FEE.

AGAIN, AN ATTEMPT TO REASONABLY RECOVER THE COSTS THAT ARE NEEDED TO PROVIDE THAT ONGOING REGULATORY SUPPORT AND ANALYSIS.

THE APPLICATION FEE, IT IS A ONE TIME FEE SO THE APPLICATION FEE AND OTHER FEES YOU CHARGE THIS IS A ONE-TIME FEE FOR APPLICANTS.

UNLESS THE COUNCIL WAS TO EXPAND THE NUMBER OF APPLICANTS, FIVE ULTIMATELY SELECTED THEY PAY THE FEE ONE TIME.

>> THANK YOU FOR THE INFORMATION.

ANYONE HAVE QUESTIONS OR COMMENTS OF MR. SNYDER? COUNCILMEMBER RAMOS AMITH?

>> I HAVE NO QUESTIONS. >> I ENTERTAIN A MOTION.

ACTUALLY, THIS IS REVIEW AND DISCUSS.

>> WHEN WE WOULD DECIDE THE PERCENTAGE OF THE ACTUAL BUSINESS ITSELF? IS THAT SOMETHING THAT COMES FURTHER DOWN THAT WE WILL TALK ABOUT?

>> IS WITHIN THE COMMUNITY BENEFIT AGREEMENT NEGOTIATION.

HOWEVER, I THINK IT WOULD BE FAIR. IF SAID IT SOMEWHAT PUBLICLY AND WILL BE DIRECTION TO STAFF MUCH LIKE THIS ITEM, JUST DISCUSSION WHEN I ASKED IF ACTION WOULD BE FAIR TO THOSE BEING CONSIDERED WE TALKED ABOUT FOR FIVE, COACHELLA SIX PERCENT SO THAT WAS DISCUSSED.

WE OVER THE CITIES THE VALVE THE GO MUCH HIGHER BUT MANY ARE 10 ACROSS THE STATE.

IF YOU HAVE ANY INPUT ON THAT, IT WOULD HELP US AS WE PREPARE FOR THAT MEETING THAT MR. SNYDER SPOKE TO BECAUSE A COMMUNITY DEVELOPMENT OR COMMUNITY BENEFIT AGREEMENT COMES LATER.

BUT EVERYBODY OUGHT TO KNOW KIND OF WHAT WE ARE THINKING, IF YOU LIKE THE FEES LOWER THAN PERHAPS YOU OUGHT TO CONSIDER SEVEN OR EIGHT PERCENT TAX.

>> I THINK WE NEED TO SET IT BECAUSE THEY NEED TO HAVE THAT EXPECTATION.

AS PART OF THE BUSINESS PLAN.

AT THE SAME TIME THE CITY NEEDS TO KNOW HOW MUCH INCOME WE WILL REALLY BE BRINGING IN FOR THE BUSINESSES AND HOW IT AFFECTS THE REST OF THE COMMUNITY AND IS IT WORTH WHAT IT IS? IF WE AGREE TO FIVE PERCENT BUT IS NOT FEASIBLE FOR THE CITY TO RECOVER OVERALL COST OR HELP BENEFIT THE COMMUNITY THEN WE NEED TO GO UP TO SIX BUT WE NEED CRITERIA I THINK, WHAT ARE WE LOOKING AT AS A CITY.

WE ALSO DON'T WANT TO DO WITH THE OTHER WHERE WE ARE TAXING 10 PERCENT AND MAKING ALL THIS MORNING AND THEY ARE STRUGGLING.

THAT DOESN'T MAKE A LOT OF SENSE EITHER JUST PUSHES IT INTO THE BLACK-MARKET.

I THINK THAT IS THE OPPORTUNITY FOR US TO LOOK AT WHAT THEY WILL PAY, WHAT WILL GET OUT OF IT AND HOW IT BENEFITS THE COMMUNITY AS A WHOLE.

>> AND MAYBE SEVERAL CITIES AROUND US RECENTLY GONE THROUGH A DISCUSSION OF THESE FEES AND WHAT THEY'RE CHARGING AND SOME HAVE ADJUSTED FEES IN RESPONSE TO CONCERN ABOUT COMPETITION IN THE MARKETPLACE. THAT IS A FACTOR UNTO ITSELF, IF CITY COUNCIL BELIEVES THAT'S A IMPORTANT FACTOR DOES THE CITY WANT TO HAVE A RATE THE CITY MANAGER REFERRED TO AS COMPETITIVE. THAT IS SOMETHING SO AGAIN, THIS EVENING WE DISCUSSING FEES.

I AGREE WITH THE CITY MANAGER AS I HAVE THE KICKOFF OF ORIENTATION MEETING BE ABLE TO SHARE THE CITIES EXPECTATION FOR THE PERCENTAGE, I THINK WILL HELP CERTAIN BUSINESSES EVALUATE WHETHER OR NOT THEY BELIEVE IS VALUABLE FOR THEM TO GO TO THE APPLICATION PROCESS WHICH IS EXTENSIVE AND THERE ARE COSTS THEY HAD TO INCUR TO DO THAT.

I THINK HAVING THAT AWARENESS IS IMPORTANT, I CERTAINLY CONCUR WITH THE CITY MANAGER.

>> HOW ABOUT LEAVING OPEN AND ALLOWING BUSINESSES TO PROPOSE A PERCENTAGE FOR THE COMMUNITY BENEFIT? WE COULD SET THAT WE DUCK OVER FIVE PERCENT OR WHATEVER BUT, LET THEM DECIDE WHAT THEY FEEL IS FAIR AND EQUITABLE ON BOTH SIDES, AS FAR AS THEM BEING ABLE TO SUSTAIN THE BUSINESS, BUT YOU ARE GIVING TO THE COMMUNITY.

[INAUDIBLE]

>> IF I CAN JUMP IN?

[01:40:02]

>> OUR NEIGHBORING CITIES, DO WE HAVE THAT ON HAND?

>> SIX, -- ZERO AND COMMUNITY BENEFIT OF LIKE 40,000 A YEAR.

PALM DESERT IS 10.

THEY ARE TALKING ABOUT LOWERING.

PALM SPRINGS IS 10 AND -- IS 10.

ALL OF THOSE ARE LEFT OVER FROM BEFORE STATE LEGALIZATION WE DIDN'T EVEN HAVE EXCISE TAX.

ANYONE HAS 10 PERCENT, GIVE A 50 PERCENT STATE TAX SINCE THE MESS BY 10 PERCENT IS ALMOST EVERY BUSINESS.

>> I THINK THE GOAL IS TO BE COMPETITIVE, BUT WE DO NOT WANT TO TAX FOLKS OUT OF BUSINESS.

SO --

>> IF I MIGHT ADD. WE'VE TALKED WE TALKED OF IN THE RANGE OF 5 TO 6 PERCENT.

WE THOUGHT THAT WAS IN THE COMPETITIVE FRAMEWORK AND ALSO ALL OF THE BUSINESSES TO OPERATE AND MAKE NECESSARY REVENUE THAT COULD MAKE SO THAT THE CITY WOULD BENEFIT.

CERTAINLY STAFF PERSPECTIVE AND TALKING WITH CONSULTANTS, THAT 5 TO 6 PERCENT RANGE SEEMS REASONABLE.

AND CERTAINLY, SOMETHING, THE ONLY DIFFICULTY WITH THE SUGGESTION, IS A MANAGEMENT ISSUE ON OUR SIDE. DETERMINING HOW TO ADMINISTER THAT AND WHAT THAT MEANS IN TERMS OF THE REVENUE EXPECTATIONS THE CITY CAN ASSUME FROM A PARTICULAR BUSINESS OPERATION.

>> ME PERSONALLY, I THINK WE SHOULD LOOK AT SIX PERCENT.

I THINK IT IS COMPETITIVE IT ISN'T TOO HIGH AND IF IT DOES BECOME A POINT WHERE IT IS NOT FEASIBLE FOR ANY BUSINESS, IS SOMETHING WE CAN ALSO BRING BACK TO THE COUNCIL AND RECONSIDER.

THUS OTHER CITIES ARE DOING NOW.

OBVIOUSLY, THEY ARE A LOT HIGHER THAN WE ARE BUT SIX PERCENT TO ME IS SOMETHING I WOULD SUPPORT.

>> MR. MAYOR, IF I COULD JUMP IN AND MAYBE AJAY CAN ELABORATE.

THE LAST ITEM PROVIDES SECTION F, THAT THE APPLICANT PROPOSES WITH THE COMMUNITY BENEFIT IS.

AND THERE IS NO I GUESS, FLOOR AND NO CEILING.

SO, YOU HAVE SOMETHING ALREADY AWARE PERHAPS, IF THE CITY WANTS TO SET THE EXPECTATION, HOWEVER, THE APPLICATION PROCESS IS SET UP WHERE IT IS INCUMBENT ON THE APPLICANT I BELIEVE, TO PUT THAT FORWARD AND PERHAPS, AJAY CAN JUMP IN ON

THAT. >> THANK YOU.

HDL RECOMMENDS SITTING IN EXPECTATION FOR THE COMMUNITY BENEFIT.

THE CHALLENGE WITH ALLOWING AN UNLIMITED PROPOSAL OF APPLICANTS AND WAITING MORE HEAVILY IS PROPOSED THE MOST IS INITIALLY, APPLICANTS WILL BE FOCUSED FIRST AND FOREMOST, ON SECURING ONE OF LICENSES. AND IF THAT MEANS THEY HAVE TO PROPOSE ASTRONOMICAL PERCENTAGES TO GET TO THE POINT WHERE THEY CAN GET A LICENSE, KNOWING THAT THEY WILL BE WEIGHTED MORE IF THEY DO THAT, THEY MAY DO THAT.

BUT LONG-TERM, IT WOULD PUT THEIR OPERATIONS AT A DISADVANTAGE. WHEN THEY OPEN START OPERATING THEY ARE PAYING EXTREMELY HIGH RATES.

IT MIGHT BE BETTER FOR THE CITY TO COMMUNICATE WHAT EXPECTATIONS ARE, WHAT A MIGHT BE, NO MORE THAN SIX PERCENT FOR EXAMPLE.

THAT IS WHEN YOU ACTUALLY HAVE BUSINESSES THAT OPEN AND OPERATE AND IT'S ENTERED THROUGH COMMUNITY BENEFIT AGREEMENT.

THEY ARE NOT AT A COMPETITIVE DISADVANTAGE TO OTHER OPERATORS.

SHORT OF THAT, YOU MAY HAVE PROPOSALS THAT ARE INTENDED TO SECURE A LICENSE BUT NOT TO SUCCEED LONG-TERM.

THAT IS WHAT WE ADVISE FOR

THE PROCESS. >> MR. MAYOR, CITY ATTORNEY AND AJAY SO THAT THEY WILL WE KEEP USING THE TERM EXPECTATION BECAUSE IN THE KICKOFF MEETING, WE WOULD WANT TO SHARE THE EXPECTATION.

BUT AS POINT AT THE COMMUNITY BENEFIT AGREEMENT AS WRITTEN IN A WAY TO ALLOW THE APPLICANT TO PUT FORWARD THE BEST PROPOSAL, BUT AS POINTED OUT, WE MAY GET A SITUATION WHERE SOMEONE PROPOSES AN ABSURDLY HIGH NUMBER BECAUSE I HOPE THAT IT WILL SECURE THEM A PERMIT BUT IT MAY IMPACT THEIR ABILITY TO OPERATE OR EVEN BE SUCCESSFUL.

HAVING THE EXPECTATION WHETHER THE SIX PERCENT OR SOME NUMBER I THINK ALLOWS US TO EFFECTIVELY COMMUNICATE TO POTENTIAL APPLICANTS WITH THE CITIES EXPECTATION IS THAT IS CONSISTENT WITH WHAT WE AS A CITY, BELIEVE IS APPROPRIATE.

>> THE WAY I SAW IT IS IF YOU WANT SIX PERCENT WE WOULD SAY, WE ARE ASKING FOR THE APPLICANT TO AGREE TO SIX PERCENT AND YOU GET -- IT WOULD HAVE TO PROBABLY BE A NECESSITY IF THEY DON'T AGREE TO IT, --

>> THIS IS A DISCUSSION.

[01:45:07]

>> EXACTLY AND WHEN THE FEE ITEM COMES BACK TO YOU, PERHAPS ALSO MEETING WHERE YOU CAN THINK ABOUT IT FURTHER AND GIVE US THE DIRECTION AND WE CAN PROVIDE.

I MISSPOKE AT LEAST ONCE.

TECHNICALLY IT IS NOT A TAX, IS A NEGOTIATED PERCENTAGE.

MANY CITIES DO AS WE HAVE IN THE AREA, IMPOSE TAX.

WE DISCUSSED THAT.

ONCE THESE ARE IN TOE AND WE HAVE THESE COMMUNITY BENEFIT AGREEMENTS IN PLACE, WE MAY VERY WELL WANT TO CONSIDER A BALLOT MEASURE.

SOMETHING ATTORNEYS OFTEN RECOMMEND BECAUSE AT SOME POINT COMMUNITY BENEFIT AGREEMENTS MAY NOT BE AS SOLID AS A VOTE BY THE PEOPLE.

IT IS SOMETHING ALSO TO CONSIDER.

IF THE VOTERS APPROVED OTHER PEOPLE IS A TAX THEN.

>> JUST TO BRING US BACK FULL CIRCLE.

THE PERCENTAGE WE'RE TALKING ABOUT IS EXPECTATION IT WILL BE SOMETHING THAT THE CITY ATTORNEY INDICATED WE WOULD WANT DIRECTION.

WHERE STAFF TALKED ABOUT THE ANNUAL REGULATORY AND APPLICATION FEES.

BEFORE WE END THE ITEM WOULD WANT TO MAKE SURE THAT EITHER YOU'RE COMFORTABLE WITH WHAT STAFF IS RECOMMENDING, HAVE ADDITIONAL INFORMATION OR WANT A DIFFERENT NUMBER.

SO WE ARE PREPARED BECAUSE NO ACTIONS BEING TAKEN THIS EVENING BUT WE FELT THERE WOULD BE A NEED FOR CONVERSATION WITH THIS BEFORE BUT ACTUALLY FOR YOU.

WE WANT THE OPPORTUNITY TO HAVE US GIVE US YOUR THOUGHTS, GUIDANCE AND ULTIMATELY, BRING BACK SOME THAT CORRESPONDS AND IS CONSISTENT WITH

YOUR DIRECTION. >> I AM OKAY WITH IT.

>> I'M OKAY WITH FIVE OR SIX PERCENT.

>> WE TALKING ABOUT THE FEES.

I'M SUPPORTIVE OF STAFF RECOMMENDATION.

I'M SUPPORTIVE OF

COST RECOVERY. >>.

>> WE WILL, WITH COUNSEL, WILL SCHEDULE US FOR THE NEXT COUNCIL MEETING FOR ACTION ITEM.

AND IT APPEARS THAT THERE IS A MAYBE SOME RANGE OF 5 TO 6 PERCENT THAT COUNCIL WANTS US TO SET THE EXPECTATION.

>> SOUNDS GOOD TO ME.

>> THANK YOU.

THANK YOU TO OUR SPEAKERS.

THIS IS UNCHARTED TERRITORY FOR US SO WE APPRECIATE THE INSIGHT AND INPUT SO WE CAN DO THIS RIGHT.

APPRECIATE IT. NOW MOVING ONTO

[11.1 Resolution No. 10311 approving Engineer’s Annual Levy Report for the L...]

RESOLUTION NUMBER 10311 APPROVING ENGINEER’S ANNUAL LEVY REPORT FOR THE LANDSCAPE AND LIGHTING DISTRICTS (NUMBERS 01-22, 24-29, AND 31-54) AND RESOLUTION NO. 10312 ORDERING THE LEVY AND COLLECTION ASSESSMENTS WITHIN THE FIFTY-TWO LANDSCAPE AND LIGHTING DISTRICTS FOR FISCAL YEAR 2022-23 THIS WILL BE HANDLED BY THE DIRECTOR OF PUBLIC WORKS, MR. TIM WASSIL.

>> GOOD EVENING. THE OTHER BEFORE YOU IS RECOMMENDATION, IT IS TO ADOPT BOTH RESOLUTIONS 10311 & 10312, WHICH IS THE ANNUAL LEVY APPROVING ENGINEER ANNUAL LEVY REPORT. AND ALSO ORDERING THE LEVY AND COLLECTION OF THE ASSESSMENTS.

JUST A QUICK OVERVIEW OF THE FINANCIAL IMPLICATIONS OF THIS.

AS OF THE CURRENT YEAR, WE HAVE 52 LIGHTING AND LANDSCAPE DISTRICTS. THEY ARE EXPECTED TO GENERATE $1,364,888 IN LEVY ASSESSMENT. THE COST TO OPERATE IS PROJECTED TO BE ACTUALLY, $1,785,954.

THE SHORTFALL WILL COME FROM THE FUND BALANCE, EXISTING FUND BALANCE OF ALL OF THESE DISTRICTS.

AND THEN, THERE IS A SMALL AMOUNT THAT THE CITY WILL CONTRIBUTE FROM THE GENERAL FUND IN THE AMOUNT OF $20,120 AND WE PREVIOUSLY ADDRESSED THE SHORTFALL AND WE SPECIFICALLY HAVE A BREAKDOWN OF THE SHORTFALL.

ON THE LAST PAGE OF THE STAFF REPORT, AND MAJORITY OF THAT SHORTFALL COMES FROM THE INDIO CENTER PLAZA LL.D.

13 AND WE DISCUSSED BEFORE THAT IT IS NOT SOMETHING THAT WE CAN REALLY REALISTICALLY SPEAKING, FIX.

BECAUSE OF THE COST ASSOCIATED WITH IT.

THAT IS OUR RECOMMENDATION AND THIS IS A PUBLIC HEARING AND WILL BE HAPPY TO ANSWER ANY QUESTIONS BOTH MR. MIKE EDGAR HERE IN THE AUDIENCE AND ALSO, SUSANNA HERNANDEZ WHO HELPED US PREPARE THIS

[01:50:01]

>> WEARS INDIO CENTER PLAZA LOCATED?

>> DOWNTOWN, MILES AVENUE.

>> IF THE DOWNTOWN MILES AVENUE?

>> YES.

IT IS ASSESSMENT DISTRICT 13.

>> OKAY. >> THIS IS A PUBLIC HEARING ITEM.

I WILL OPEN THE PUBLIC HEARING, DO WE HAVE ANYONE ONLINE OR ANY PUBLIC COMMENT?

>> NONE. >> NO PUBLIC COMMENTS ONLINE AND NON-PRESENT.

I WILL CLOSE THE PUBLIC HEARING AND OPEN UP TO STAFF FOR QUESTIONS, COMMENTS OR RECOMMENDATION.

>> I AM HAPPY TO MAKE A MOTION.

>> I AM COMPETITIVE I SHOULD VOTE ON THIS BECAUSE I HAVE PROPERTY ON MILES AVENUE.

I CANNOT HEAR YOU, I'M SO SORRY.

>> I APOLOGIZE FOR THAT.

I WOULD RECOMMEND THAT YOU DO NOT WANT ON IT BECAUSE I DO NOT KNOW THE PARAMETERS OF THE ASSESSMENT DISTRICT, IS NEVER, PRIOR.

WITHOUT ANY FURTHER

DETAIL. >> LEAVE THE DAIS?

>> YES, LEAVE THE DAIS.

JUST QUICKLY, THANK YOU.

>> COUNCILMEMBERS?

>> I'M HAPPY TO MAKE A MOTION.

I CAN'T BELIEVE IT ALREADY CAME BACK IT SEEMS LIKE WE WERE JUST TALKING ABOUT THIS SHORTFALL.

I THINK THIS GIVES US ANOTHER OPPORTUNITY.

I THINK THIS IS WHERE WE NEED TO GET WITH THE WATER AUTHORITY AND LOOK AT WHAT WE CAN DO ABOUT DROUGHT TOLERANT LAND OR HARD SCAPES.

AND HAVE THE CITY BITE THE BULLET ONE TIME.

PUT IN NEED OF PLANTS AND A LOT OF ROCK WHERE THERE IS LOW MAINTENANCE, LOW WATER AND LOWERED DOWN TO HER NOT CONTINUE TO PAY FOR IT.

IT IS SOMETHING WE'LL NEVER GET OUT FROM UNDER AND A LOT OF PLANTING FROM THE FACILITIES THAT TIM IS LOOKING AT, IT'S OLD AND UGLY LIKE ON 48TH OVER THERE RIGHT OFF OF LIKE SOLANO AND THAT.

WE KEEP SPENDING MORE AND MORE MONEY. WE ARE SPENDING MORE MONEY FOR PUTTING THINGS IN AND USING ALL KINDS OF WATER REALLY SHOULD JUST BE BITING THE BULLET, FIXING IT SO IS BEAUTIFUL, DROUGHT TOLERANT, SHOWCASE FOR THE CITY AND AT THE SAME TIME LOWERS COST OVERALL.

I THINK SOMETHING WE NEED TO LOOK AT.

I'M HERE TO PROVE THIS BUT I THINK WE'RE JUST KICKING THE CAN DOWN THE ROAD AND THEY LOOK TERRIBLE AND IT IS NOT REPRESENTATIVE OF THE CITY BUT WE CAN'T DO ANYMORE BECAUSE WE DON'T HAVE MONEY TO FIX IT AND WE KEEP DRAWING IN 20,000 HERE BUT I GUESS HOW MANY THOUSANDS OF DOLLARS TO BE SPENT IN THE LAST TWO YEARS ON 48 PUTTING PLANTS BACK IN? AND REMOVING PLANTS. I THINK IT PAYS FOR ITSELF.

I THINK IT IS SMART IF WE DO IT.

WITH THAT I'LL GET OFF THE SOAPBOX.

ADOPTION OF RESOLUTION 1311 APPROVING ENGINEERS ANNUAL LEVY REPORT FOR THE LANDSCAPE AND LIGHTING DISTRICTS NUMBER 01 – 22 – -- FISCAL YEAR 2022 – 2023 AND RESOLUTION NUMBER 10312 ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITH 52 LANDSCAPE DISTRICTS FOR FISCAL YEAR 2022 – 23.

>> SECOND? >> SECOND.

>> MOTION AND SECOND.

ROLL CALL, PLEASE.

>> MOTION PASSES.

THANK YOU. CAN WE GET OUR COUNCILMEMBER BACK? WELCOME BACK. OUR NEXT ITEM IS ITEM NUMBER 12, PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA.

DO WE HAVE ANY PUBLIC COMMENTS?

>> NO COMMENTS. >> NONE PRESENT OR ONLINE.

>> YOU JUST HAD A HAND UP RIGHT NOW.

>> DO WE?

>> CLERK, YES. >> OKAY, JEREMY --

>> CAN YOU HEAR ME?

>> GREAT, MY NAME IS JEREMY, GENERAL MANAGER FOR THE COACHELLA VALLEY MOSQUITO -- CONTROL DISTRICT I'M HERE TO BRIEF THE COUNCIL AS WELL AS CITY RESIDENTS ON DISTRICT ACTIVITY AND WHAT'S GOING ON WITH MOSQUITO CONTROL IN THE VALLEY.

MY PUBLIC INFORMATION MANAGER, IS A BALLGAME FOR HER SON BUT TO GIVE YOU A QUICK UPDATE, I WILL TELL YOU ABOUT THE MOSQUITO VIRUS WAS GOING ON IN THE VALLEY AND ALSO INDIO.

QUICK CALL TO ACTION WOULD ALSO WANT TO GIVE SOME THANKS TO SOME OF THE CITY STAFF AS WELL AS SOME OF THE THINGS I HEARD TONIGHT AND GIVE SUPPORT VIRUS ACTIVITY, WEST NILE VIRUS AND ST.

LOUIS ENCEPHALITIS MOSQUITO VIRUS

[01:55:02]

THIS YEAR WE DETECTED 37 MOSQUITO SAMPLES, ALL THE SAMPLES ARE IN EASTERN VALLEY ALONG THE SHORELINE AND OASIS AREA.

NO VIRUS INDICATED.

WE HAVE TRAPS WE MONITOR WEEKLY AND TEST FOR VIRUSES.

IT DOES NOT MEAN THAT WE ARE FREE AND CLEAR BUT MEANS WE HAVE NOT DETECTED IT.

THIS TIME OF YEAR IS ALWAYS A GOOD TIME TO TAKE PRECAUTIONS. WE ALSO HAVE ANOTHER MOSQUITO IN THE VALLEY AND INDIO AND I NOTICED SOME OF THE RESIDENTS ARE -- THIS IS A PEST AND AGGRESSIVE DATE BITER.

IT LOVES RESIDENTIAL SOURCES, BACKYARD CONTAINERS, ANYTHING FROM PLANT SAUCER AND BUCKETS ANYTHING THAT CAN HOLD WATER IT WILL BREED.

THESE ARE, ALSO A VECTOR.

THEY CAN TRANSMIT VIRUSES THAT WE DO NOT HAVE HERE CURRENTLY IN THE VALLEY.

BUT PEOPLE ARE AWARE OF THE DENGHI, ZIKA VIRUS, THIS IS THE MOSQUITO THAT TRANSMITS.

WE WENT TO GIVE A CALL TO ACTION BEFORE THIS BECOMES A PROBLEM IN YOUR NEIGHBORHOOD, GET RID OF THE CONTAINERS OR STORE THEM IF YOU DO NOT NEED THEM BECAUSE THAT'S WHERE THE MOSQUITO WILL LIVE, AND ULTIMATELY BITE YOU AND IF YOU'RE GETTING BIT BY THIS MOSQUITO IS PROBABLY COMING FROM EITHER YOUR HOUSE OR NEARBY BECAUSE IT VARIES IN HOW IT FLIES MAYBE 100 FEET SO IF YOU'RE GETTING BIT IS PROBABLY FROM YOUR BACKYARD OR SOMEWHERE CLOSE.

MOSQUITO REPELLENT DOES WORK.

WE WANT TO ENCOURAGE PEOPLE IF YOU'RE BEING BIT BY MOSQUITOES WERE OUT AT DUSK AND DAWN, MAKE SURE YOU HAVE IT.

MOSQUITOES DO NOT BITE TO MOSQUITO REPELLENT.

LASTLY, ON THE WEBSITE, CB MOSQUITO.ORG HAS LOTS OF INFORMATION ABOUT THE PROGRAMS, SERVICES, FINANCES, THE BOARD AGENDAS AND MEETINGS. YOU CAN ALSO SIGN UP FOR UPDATES FROM THE DISTRICT ABOUT VIRUS ACTIVITY AND OTHER THINGS GOING ON. A COUPLE OF THINGS HE HEARD TONIGHT, I WANT TO ECHO THE SUPPORT OF OUR DISTRICT TO THE CITY AND COMMUNITY ON THE TURF BUYBACK PROGRAM.

NOT ONLY IS IT WATER THAT FLOWS OFF THE PROPERTIES AND IS A NUISANCE, I SORT AND A WASTE OF PRECIOUS COMMODITY ALSO CONTRIBUTES TO THE MOSQUITO BREEDING SOURCES IN OUR CITY OF INDIO.

ALL THE WATER RUNS DOWN THE STREET AND IT FEEDS THE MOSQUITO SOURCE.

I'M OUT OF TIME IF I COULD JUST FINISH THE STATEMENT. WE DO HAVE, I KNOW CODE ENFORCEMENT STAFF IN THE CITY OVER THE YEAR THEY HAVE ORDINANCES NOT TO HAVE OVERWATERING BUT A HANDS UP IN THE AIR, WHERE DO WE START? WE DEAFLY HAVE A LOT OF MOSQUITO BREEDING DATA, WE WELCOME THE OPPORTUNITY TO WORK WITH CODE ENFORCEMENT ON HOW TO TARGET THE NEIGHBORHOODS THAT HAVE THE MOST RUNOFF AND MUST MOSQUITOES TO REACH OUT TO THE NEIGHBORHOODS.

ALSO USE SOME OF OUR ENFORCEMENT POWER TO TRY AND CHANGE PEOPLES PRACTICES.

WE NEED TO SAVE THE WORLD BUT ALSO NEED TO LIMIT THE MOSQUITO SOURCES IMPACTING PUBLIC HEALTH.

I DID WANT TO SAY THANK YOU TO THE CITY.

YOUR BEEN VERY HELPFUL WITH US IN THE DISTRICT GETTING THE WORD OUT FOR YOUR NEWSLETTER.

INDIO LIVE, MY OUTREACH PUBLIC INFORMATION MANAGER HAS WORKED WITH DENNIS DAY, THE EMERGENCY MANAGER, GETTING READY FOR DISTRICT STAFF TO PREPARE FOR EMERGENCIES SO I APPRECIATE THAT.

LASTLY, I WANT TO THINK 30, BENJAMIN PETRONE, I THINK YOU KNOW FROM HIS SERVICE TO THE POLICE DEPARTMENT HAS ALSO BEEN A GREAT ASSET TO THE DISTRICT SINCE 2018.

I WOULD LIKE TO COMMEND HIM FOR HIS SERVICE.

WE'VE HAD TO WORK WITH HIM IN THE LAST SEVERAL YEARS.

THAT CONCLUDES MY STATEMENT.

I'M HAPPY TO TAKE QUESTIONS AND IF NOT, THANK YOU.

>> THANK YOU. MR. -- HEARS YOU AND HE APPRECIATES IT.

SO, THERE IS NO FURTHER COMMENTS.

WE WILL MOVE ON TO THE NEXT COUNCIL MEETING, JOINT MEETING WITH IWA IS AUGUST 17, 2022.

NO ONE HAS ANY OTHER COMMENTS, THIS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.