Indio City Council
September 21, 2022

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 15
Laminate Surfaces:

LBF Neutral Twill
Supports/Modesty/OH:
91 White
Pedestals:

SG Slate Grey
Overhead Doors:

LBF Neutral Twill
Herman Miller
Canvas Metal Casegoods
Dispatch – Supervisors 114
Tackboard Fabric:
8L12 Savanah Pewter

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 16
Mesh Back:
3EB Ebony
Frame:

Black
Seat Fabric:

Cross Check Slate Black
Base:

Black
Allseating
You High Back Task Chairs
Dispatch – Supervisors 114

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 17
Laminate Top/Edge:

LBF Neutral Twill
Column/Base:

SG Slate Grey
Herman Miller
Eames Rectangle Table,
48x84
Dispatch – Training Rm

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 18
Fabric Back:

Onyx
Frame/Base:

Black
Seat Fabric:

Sugar Licorice
Sit on It
Wit Mid Back Basic Task Chairs
Dispatch – Training Rm

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 19
Finish:

SG Slate Grey
Herman Miller
Meridian Storage Cabinets,
36Wx63H
Dispatch – Training Rm

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 20
Mesh Back:
3EB Ebony
Frame:

Black
Seat Fabric:

Cross Check Slate Black
Base:

Black
Allseating
You High Back Task Chairs
Dispatch – Work Rm

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 21
Laminate Surfaces:

LBU Medium Matte
Walnut
Supports/Modesty/OH:

WL Sandstone
Pedestals:

G2 Graphite Satin
Overhead Doors:

LBU Medium Matte
Walnut
Herman Miller
Canvas Metal Casegoods
Fire – Batt Chief Office
Tackboard Fabric:
8L06 Savanah Metal

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 22
Butterfly Back:
8M17 Latitude Black
Armpads:

BK Black
Aireweave 2 Seat:
1A703 Aireweave 2 Graphite
Triflex Back/Frame/Base:

G1 Graphite
Herman Miller
Mirra 2 Task Chair
Fire – Batt Chief Office

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 23
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
Fire – Batt Chief Office

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City of Indio
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Public Safety Campus
FabricInitial Page 24
Finish:

G2 Graphite Satin
Herman Miller
Meridian Storage Cabinets,
30Wx63H
Fire – Med Storage

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 25
Laminate Surfaces:

LBU Medium Matte
Walnut
Supports/Modesty/OH:

WL Sandstone
Pedestals:

G2 Graphite Satin
Overhead Doors:

LBU Medium Matte
Walnut
Herman Miller
Canvas Metal Casegoods
Fire – Offices
Tackboard Fabric:
8L06 Savanah Metal

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 26
Butterfly Back:
8M17 Latitude Black
Armpads:

BK Black
Aireweave 2 Seat:
1A703 Aireweave 2 Graphite
Triflex Back/Frame/Base:

G1 Graphite
Herman Miller
Mirra 2 Task Chair
Fire – Offices

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 27
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
Fire – Offices

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 28
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
Fire – Public Lobby

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 29
Laminate Surfaces:

LBU Medium Matte
Walnut
Supports/Modesty/OH:

WL Sandstone
Pedestals:

G2 Graphite Satin
Overhead Doors:

LBU Medium Matte
Walnut
Herman Miller
Canvas Metal Casegoods
Fire – Watch Office
Tackboard Fabric:
8L06 Savanah Metal

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 30
Butterfly Back:
8M17 Latitude Black
Armpads:

BK Black
Aireweave 2 Seat:
1A703 Aireweave 2 Graphite
Triflex Back/Frame/Base:

G1 Graphite
Herman Miller
Mirra 2 Task Chair
Fire – Watch Office

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 31
Finish:

G2 Graphite Satin
Herman Miller
Meridian Storage Cabinets,
(1) 42W x 63H, (2) 30W x 63H
Fire – Workshop

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 32
Desk:

Maduro
Bed/Storage:

Chestnut Maple
RT London
Alcove Series Bed, Drawers
Desk & Nightstand / Essentials
Wardrobe Cabinet
Fire – Dorm Rooms

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 33
Seat/Back Shell:

BK Black
Frame:

MS Metallic Silver
FlexNet Seat::
6V01 Black
Herman Miller
Caper Stack Chairs
Fire – Dorm Rooms

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 34
Top:

BK Black
Herman Miller
Plex Adjustable Work Table
Fire – Dorm Rooms
BK Black
Base:

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 35
Laminate Surfaces:

LBF Neutral Twill
Trim/Raceway/Overheads:

LU Soft White
Panel Fabric:
8L12 Savannah Pewter
Ped Cushions:
3AR13 Aristo Pewter
Herman Miller
Canvas Workstations
PSS- Workstations
Pedestals/Storage Cab:

SG Slate Grey

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City of Indio
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Public Safety Campus
FabricInitial Page 36
Laminate Surfaces:

LBF Neutral Twill
Trim/Raceway/Overheads:

LU Soft White
Panel Fabric:
8L12 Savannah Pewter
Ped Cushions:
3AR13 Aristo Pewter
Herman Miller
Canvas Workstations
PSS - Workstations
Pedestals/Storage Cab:

SG Slate Grey

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 37
Laminate Surfaces:

LBF Neutral Twill
Trim/Raceway/Overheads:

LU Soft White
Panel Fabric:
8L12 Savannah Pewter
Ped Cushions:
3AR13 Aristo Pewter
Herman Miller
Canvas Metal Workstations
PSS - Workstations
Pedestals/Storage Cab:

SG Slate Grey
Stack on Glass:

TR Clear

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 38
Laminate Surfaces:

LBF Neutral Twill
Supports/Modesty/OH:
91 White
Pedestals:

SG Slate Grey
Overhead Doors:

LBF Neutral Twill
Herman Miller
Canvas Metal Casegoods
PSS – Private Offices
Tackboard Fabric:
8L12 Savanah Pewter

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 39
Laminate Surfaces:

LBF Neutral Twill
Supports/Modesty/OH:
91 White
Pedestals:

SG Slate Grey
Overhead Doors:

LBF Neutral Twill
Herman Miller
Canvas Metal Casegoods
PSS – Private Offices
Tackboard Fabric:
8L12 Savanah Pewter

FabricDate Product images are representational only. Fabrics, finishes and specifications may be different than what is pictured.

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 40
Laminate Surfaces:

LBF Neutral Twill
Supports/Modesty/OH:
91 White
Pedestals:

SG Slate Grey
Overhead Doors:

LBF Neutral Twill
Herman Miller
Canvas Metal Casegoods
PSS – Private Offices
Tackboard Fabric:
8L12 Savanah Pewter

FabricDate Product images are representational only. Fabrics, finishes and specifications may be different than what is pictured.

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 41
Laminate Surfaces:

LBF Neutral Twill
Supports/Modesty/OH:
91 White
Pedestals:

SG Slate Grey
Overhead Doors:

LBF Neutral Twill
Herman Miller
Canvas Metal Casegoods
PSS – Private Offices
Tackboard Fabric:
8L12 Savanah Pewter

FabricDate Product images are representational only. Fabrics, finishes and specifications may be different than what is pictured.

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 42
Laminate Surfaces:

LBF Neutral Twill
Supports/Modesty/OH:
91 White
Pedestals:

SG Slate Grey
Overhead Doors:

LBF Neutral Twill
Herman Miller
Canvas Metal Casegoods
PSS – Private Offices
Tackboard Fabric:
8L12 Savanah Pewter

FabricDate Product images are representational only. Fabrics, finishes and specifications may be different than what is pictured.

G|M Business Interiors Elevate your Workplace TM
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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 43
Butterfly Back:
8M17 Latitude Black
Armpads:

BK Black
Aireweave 2 Seat:
1A703 Aireweave 2 Graphite
Triflex Back/Frame/Base:

G1 Graphite
Herman Miller
Mirra 2 Task Chair
PSS – Task Seating

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 44
Mesh Back:
3EB Ebony
Frame:

Black
Seat Fabric:

Cross Check Slate Black
Base:

Black
Allseating
You High Back Task Chairs
PSS – Task Seating

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 45
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
PSS – Guest Chairs

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 46
Laminate Top/Edge:

LBF Neutral Twill
Column/Base:

SG Slate Grey
Herman Miller
Eames Rectangle Table,
30x60
PSS – Staff Break Rm

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 47
Seat/Back Shell:

Black
Frame:

Silver
Sit on It
Rio Side Chairs, Armless
PSS – Staff Break Rm

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 48
Laminate Top/Edge:

LBF Neutral Twill
Column/Base:

SG Slate Grey
Herman Miller
Eames Rectangle Table,
60x168
PSS – Conf 112

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 49
Fabric Back:

Onyx
Frame/Base:

Black
Seat Fabric:

Sugar Licorice
Sit on It
Wit Mid Back Basic Task Chairs
PSS – Conf 112

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 50
Laminate Top/Edge:

LBF Neutral Twill
Base:

SG Slate Grey
Herman Miller
Everywhere Tables, Flip-Top,
24x60
PSS – MPR 125-126

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 51
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
PSS – MPR 125-126

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 52
Finish:

SG Slate Grey
Herman Miller
Meridian 5H Lateral Files
PSS– File Room 127

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 53
Laminate Top/Edge:

LBF Neutral Twill
Table Base/ Bookcases:

SG Slate Grey
Herman Miller
Everywhere Table 24x60 &
Meridian Bookcases, 42Wx68H
PSS – Library 128

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 54
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
PSS – Library 128

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 55
Lounge/Ottoman Fabric:
3SL04 Sequel Stone
Pillow Fabric:

Arc-Com Highlands Fog
Herman Miller / OFS
Plex Club Chair & Ottoman / Retrospect 18x18 Pillow
PSS– Lactation Room

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 56
Top Finish:
91 White
Edge Band Detail:

A2 White Ash
Base:
91 White
Herman Miller
Nelson Pedestal Table
PSS – Lactation Room

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City of Indio
Quote# 184700
Public Safety Campus
FabricInitial Page 57
Fabric:

Maharam Lariat Auburn
Leg Finish:

Platinum Metallic
Table Laminate:

Portobello
National
Fringe Lounge Seating &
Tables
PSS – Lobby

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Public Safety Campus
FabricInitial Page 58
Laminate Top/Edge:

LBF Neutral Twill
Base:

SG Slate Grey
Herman Miller
Everywhere Table, 30x60
PSS – Viewing 147

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City of Indio
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FabricInitial Page 59
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
PSS – Viewing 147

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FabricInitial Page 60
Laminate Top/Edge:

LBF Neutral Twill
Base:

SG Slate Grey
Herman Miller
Everywhere Table, 30x54
PSS – Interview 202

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FabricInitial Page 61
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
PSS – Interview 202

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FabricInitial Page 62
Laminate Top/Edge:

LBF Neutral Twill
Base:

SG Slate Grey
Herman Miller
Everywhere Table, 24x60
PSS – Interview 203

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FabricInitial Page 63
Mesh Back:

Onyx
Frame:

Silver
Seat Fabric:

Sugar Licorice
Sit on It
Wit Side Chair, Armless
PSS – Interview 203

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FabricInitial Page 64
Finish:

SG Slate Grey
Herman Miller
Meridian 5H Lateral Files
PSS – Open Area

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Laminate Top/Edge:

LBF Neutral Twill
Column/Base:

SG Slate Grey
Cushion Tops:

Momentum Hue Black
Lateral Files:

LU Soft White
Herman Miller
Eames Rectangle Table,
60x144 & Meridian Lat FIles
PSS – Conf 205
Bar Pull:

MS Metallic Silver

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FabricInitial Page 66
Fabric Back:

Onyx
Frame/Base:

Black
Seat Fabric:

Sugar Licorice
Sit on It
Wit Mid Back Basic Task Chairs
PSS – Conf 205

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Finish:

SG Slate Grey
Herman Miller
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PSS – Det Stor. 214

City of Indio
City Council
September 21, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Resolution No. 10328 establishing criteria for financial and in-kind assistance to outside entities and authorizing the City Manager to execute such agreements in form of sponsorships, grants, fee waivers, and in-kind contributions.

RECOMMENDATION:

Adopt Resolution No. 10328 establishing criteria for financial and in-kind assistance to outside entities and authorizing the City Manager to execute such agreements in form of sponsorships, grants, fee waivers, and in-kind contributions.

SUMMARY:

On August 17, 2022 the City Council held a Study Session to determine the new criteria with respect to funding to outside agencies. Community groups, non-profit organizations, and other agencies routinely request assistance from the City in the form of grants, sponsorships, fee waivers, or in-kind service contributions for their events. The proposed resolution establishes criteria to be used by the City Manager to approve or deny such requests. The City Council shall establish an annual budget amount during the City's regular budget process. The anticipated annual budget is $100,000; however the actual amount will depend upon the availability of funds and the amount appropriated by the City Council each year. This fiscal year there is an additional $50,000 available due to City Council opting to save on election expenses tied to two councilmembers that were running unopposed (Mayor Fermon and Mayor Pro-Tem Ortiz).

BACKGROUND INFORMATION:

In July 2013, the City Council adopted a Resolution establishing criteria for funding to outside agencies, which addressed not only grants, sponsorships, fee waivers, as well as requests for in-kind services. In August 2022 the City Council held a Study Session to determine more applicable criteria as well as to establish and adhere to a streamlined and formalized process for all funding requests.

Below encapsulates the new criteria and process:
- Annual funding of approximately $100K
- Four (4) opportunities to apply each year (quarterly) - Approximately $25K available per round - based upon number of requests - First come first served basis
- Funding Review Committee will consist of city staff (determined by the City Manager) - Includes all table sponsorships
- All funding requests must be routed through the application process, via [email protected] AGENDA ITEM #9.13
Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 953 of 1610 - Individuals are not eligible
- $5K cap per request/agency per year
- No appeals process
- Funds cannot be used for salaries, prizes, or political groups - CDBG funding recipients are eligible
- School affiliations are eligible (i.e. school booster club, wrestling club, etc.) Eligibility: A non-profit, governmental entity, or school affiliation that will benefit the City or its residents by:

1. Enhancing the Quality of Life or the Delivery of Services in Indio

2. Strengthening the Business Community of Indio

3. Supporting the City’s overall Economic Development Program

4. Enhancing Indio’s Marketing Capacity and Recognition in the Region The typical funding calendar is as follows.

Round 1 - application period is in July; committee review and checks dispersed in August.

Round 2 - application period is in October; committee review and checks dispersed in November.

Round 3 - application period is in January; committee review and checks dispersed in February.

Round 2 - application period is in April; committee review and checks dispersed in May.

For FY 2022/2023, Rounds 1 and 2 will be combined as part of Round 2.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$150,000 In current year budget: Yes
Current FY General
Fund Impact:
$150,000 Budget adjustment: No
Next FY Financial
Impact:
$100,000 Strategic Objective: Community Outreach
Source of funds: General Fund Fund-Org-Object
Reference:
1011167-540012
ALTERNATIVES:

1. Not adopt the Resolution.

2. Modify the criteria tto incorporate City Council's direction.

ATTACHMENTS:

Resolution No 10328
Community Grants Calendar FY 22-23
Grant Application
APPROVAL(S):

City Attorney, City Attorney Approved - 12 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 Sep 2022 Bryan H. Montgomery, City Manager Approved - 13 Sep 2022

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 954 of 1610

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 955 of 1610 1 RESOLUTION NO. 10328

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

CALIFORNIA, ESTABLISHING CRITERIA FOR FUNDING TO OUTSIDE

AGENCIES AND AUTHORIZING THE CITY MANAGER TO APPROVE

FUNDING REQUESTS (MONETARY ASSISTANCE, SPONSORSHIPS,

FEE WAIVERS, AND IN-KIND CONTRIBUTIONS)
WHEREAS, the City of Indio (“City”) regularly receives requests for funding from community organizations and governmental agencies;
WHEREAS, these requests for funding include requests for monetary assistance, fee waivers or in-kind services.

WHEREAS, the City Council previously adopted Resolution 9647, which established criteria for the funding of outside agencies through monetary assistance and provides the City Manager with authority to evaluate and approve or deny requests for financial assistance from a third party agency or organization; including sponsorships, fee waivers, and in-kind services.

WHEREAS, the City Council desires to establish and adhere to a formalized process for all funding requests from outside agencies; streamlining all funding requests with four funding rounds offered per fiscal year; and establish a funding review committee comprised of City staff; and all funding requests must route through this newly established application process.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. City Manager Authorization. The City Manager is authorized to approve or deny requests for monetary assistance in the form of grants and sponsorships, not to exceed five thousand dollars ($5,000) per request/occurrence and cumulatively no more than the amount approved by the City Council in the applicable fiscal year budget. Additionally, the City Manager is authorized to deny or approve requests for fee waivers and in-kind services for outside organizations up to a cumulative amount of $25,000 per fiscal year.

Section 3. Eligibility.

A. To be eligible for in-kind assistance, a sponsorship, or a fee waiver, an organization must provide evidence that the activity will benefit the City of Indio or its residents by: (i) enhancing the quality of life or the

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 956 of 1610 2 delivery of services in Indio; or (ii) strengthening the business community of Indio, supporting the City’s overall economic development program or enhancing Indio’s marketing capacity and recognition in the region.

B. To be eligible for monetary assistance in the form of a grant, an organization must be a governmental entity representing the City of Indio or the Coachella Valley region, affiliated with a local school, or a recognized non-profit organization as described by the Internal Revenue Code (such as a 501 (c) (3)) that is in good standing in the State of California and one that provides services or other community benefits to residents of Indio by: (i) enhancing the quality of life or the delivery of services in Indio; or (ii) strengthening the business community of Indio, supporting the City’s overall economic development program or enhancing Indio’s marketing capacity and recognition in the region.

C. Funding is provided on a first come basis.

Section 4. Organizations requesting a monetary grant, a sponsorship, fee waiver, or in-kind services shall also comply with the following requirements.

A. All requests shall be submitted in writing during the application periods (of which there are four per fiscal year) identified by the City. No requests are accepted outside of this established process.

B. If the request relates to a community event, the event must be advertised and open to the public. In addition, the organization shall include and recognize the City of Indio as a sponsor in event publicity, advertising o other materials.

C. If the request is for a fee waiver or for in-kind services, the City’s contribution shall be considered a City sponsorship of the particular event for which the fee has been waived or for which in-kind services were provided. In such case, the organization shall include and recognize the City of Indio in event publicity, advertising or other materials.

D. The approval of a fee waiver does not relieve the organization from payments and obligations for insurance and/or indemnification or other permits required for the event, program or activity.

E. The failure of an organization to abide by the criteria set forth herein will result in the organization being denied for funding in the future.

Section 5. The City Manager is hereby authorized and directed to implement this Resolution and to do any and all things and to execute and deliver any and all documents which he deems necessary or advisable in order to effectuate the purposes of this Resolution.

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 957 of 1610 3 Section 6. The City Council shall establish an annual budget amount for monetary assistance. Once the budget amount has been expended, including the amount of $25,000 for fee waivers and/or in-kind services as set forth in Section 2, no additional expenditures may be authorized by the City Manager and any subsequent requests shall be referred to the City Council for consideration in compliance with this Resolution.

Section 7. Resolution 9647 is hereby repealed in its entirety.

Section 8. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED, and ADOPTED this 21st day of September, 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
Waymond Fermon, Mayor
ATTEST:
__________________________________
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven Pacifico Graham, City Attorney

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-2023
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Application Period
(Entire Month)
Committee Review &
Decision
Checks Distributed

Grant Application
Fiscal Year 2022-23
Name of Organization: ____________________________________________________ Amount Requested: ______________________________________________________ Contact Person: __________________________________________________________ Mailing Address: __________________________________________________________ City: ____________________ State: ___________ Zip Code: ______________________ Work Telephone: ___________________________________________________________ Cell Phone: ________________________________________________________________ E-mail Address: _____________________________________________________________ 501(c)3 Taxpayer I.D. Number:_________________________________________________ Date Application Submitted: ___________________________________________________ Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability.

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 961 of 1610 City of Indio Grant Application
(Typed applications are preferred)
Please check which grant funding you are applying for:
__ Community Services Support ($5,000 or less)
__ Marketing and Sponsorships ($5,000 or less)

1. What is the overall purpose or goal of your organization? ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________

2. How long has your Organization been in existence?
__ Years __ Months

3. Describe in general the activities or services of your Organization? ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________

4. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________________________________

5. Goal Statement. Indicate who will benefit from the use of these funds, how they will benefit, and how will your organization promote the services/programs. ______________________________________________________________________________ ____________________________________________________________________________- _____________________________________________________________________________

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 962 of 1610

6. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of Indio and/or local businesses would be benefited. ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________

7. How many people does your Organization currently serve (in Indio)? No. of Youth _____ No. of Adults _____ No. of Seniors _____

8. How many people of you currently or intend to serve during this fiscal year (in Indio)? No. of Youth _____ No. of Adults _____ No. of Seniors _____

9. Please provide information on your Executive Board members or contact person:

Name Title Home Address Phone
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________________________________________

10. What is your annual schedule of programs/services, and during what months does your Organization operate?
______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 963 of 1610

11. Do you charge admission, membership fees, dues, etc? ___ Yes ___ No If yes, please describe: ____________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________

12. What are your other sources of revenue for funding this year? Source Amount
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________________________________ Total Needed $__________
Total Received $ __________
Balance $ __________

13. Amount of money requested from the City of Indio?
$ __________

14. Has your organization been funded by the City of Indio previously? _____ Yes _____ No If yes, when? ____________ How much?______________

15. Please provide the name and title of those individuals authorized to sign on the Organization’s account (must provide at least two individuals):

Name: Title:
____________________________ ______________________________ ____________________________ ______________________________ ____________________________ ______________________________ ____________________________ ______________________________

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 964 of 1610

16. Marketing/Media Plan. If you are applying for a Marketing/Sponsorship grant, you must submit a detailed marketing/media plan for review by the Grant Review Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, televison, online, public relations, and signage) and describe how those promotional efforts will benefit the City of Indio.

17. Attach a copy of your Program Operation Budget for the current fiscal year. Please include number of paid employee positions and volunteers.

18. Non-profit Organizations must attach a copy of the organization’s current IRS Form 990.

Resolution No. 10328 establishing criteria for financial and in-kind ass... Page 965 of 1610 City of Indio
City Council
September 21, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Consideration of Pre-Development Agreement with Palm Springs Motors for a potential Mazda dealership in Indio.

RECOMMENDATION:

Approve the Agreement.

SUMMARY:

The principals of Palm Springs Motors are owners of the Ford and Kia dealerships in Indio and they are evaluating the opportunity to bring a Mazda dealership to Indio.

BACKGROUND INFORMATION:

There is considerable time and expense required to study, plan and develop a new car dealership.

Palm Springs Motors is desirous to bring a Mazda dealership to Indio and has proven the capacity to develop dealerships (both Ford and Kia in Indoi), but wants some reassurance that the time, effort and cost to evaluate the opportunity are not undermined if the City were to solicit proposals and/or engaged in negotiations with another party for the same type of dealership. (Palm Springs Motors did approach City staff with the idea of this agreement and no other group has done so, or even expressed interest in a Mazda dealership).

The proposed Pre-Development Agreement provides for a "study period" for Palm Springs Motors and the City to evaluate the development of a new Mazda facility. The initial term would be one year and may be extended another six months.

ALTERNATIVES:

Not approve the Agreement.

ATTACHMENTS:

Attachment 1: PreDevAgreement Mazda_v4_lbbs_Final
AGENDA ITEM #9.14
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Pre-Development Agreement

PRE-DEVELOPMENT AGREEMENT
THIS PRE-DEVELOPMENT AGREEMENT (the “Agreement”) is entered into as of [***month***] [***day***], 2022 (the “Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”), and PALM SPRINGS MOTORS, a California corporation (“Developer”). City and Developer may be individually referred to herein as a “Party” and collectively referred to herein as the “Parties.”

RECITALS
The following recitals are a substantive part of this Agreement.

A. As of the Effective Date, Dealership (or its affiliates) own and operate several businesses engaged in new vehicle sales, including Fiesta Kia and Fiesta Ford, located at the I-10 Automall on Varner Road in the City of Indio; and B. Developer desires to locate, develop, and operate a facility to engage in new vehicle sales of Mazda brand vehicles (a “New Mazda Facility”) in the City of Indio.

C. The purpose of this Agreement is to establish a period during which City and Developer may perform certain activities to study the feasibility of locating, developing, and operating the New Mazda Facility.

NOW THEREFORE, the Parties mutually agree as follows:

1. Agreement to Act in Good Faith. City and Developer agree that for the term of the “Study Period” (as defined in Section 2 hereof) each Party shall perform certain activities regarding the potential development of a New Mazda Facility. During the Study Period, City agrees to act in good faith with regards to Developer, and furthermore agrees not to solicit proposals or engage in negotiations, directly or indirectly, with any other person or entity, with regard to the development of a New Mazda Facility.

2. Study Period. The initial term of the Study Period (“Study Period”) shall be for a period of one (1) year, commencing on the Effective Date. During this time, Developer shall diligently assess site conditions, market conditions, and other material factors for a New Mazda Facility. Subject to any extension pursuant to this paragraph or the following paragraph, upon the expiration of the Study Period, this Agreement shall automatically terminate, without further written notice. Upon such automatic termination, the Parties acknowledge and agree that neither Party shall have any further rights or remedies as to the other, except as specifically set forth herein.

In the event that prior to the end of the Study Period Developer has materially performed all of its duties as required by Exhibit “A” attached hereto and incorporated herein by this reference, the Study Period shall automatically be extended, without further written notice, for an additional period of one hundred eighty (180) days to enable the Developer to apply for any necessary entitlements and permits from the City and complete the

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Pre-Development Agreement
environmental review required under the California Environmental Quality Act (“CEQA”) for the New Mazda Facility.

3. Obligations During Study Period. The Parties’ respective obligations during the Study Period are set forth in Exhibit “A”.

4. No Predetermination of City Discretion. The Parties acknowledge and agree that nothing in this Agreement in any respect does or shall be construed to affect or prejudge the exercise of City's discretion concerning a New Mazda Facility, or any submittal by Developer or other third party with respect to the foregoing. The Parties do not intend for this Agreement to be a land use entitlement, business license, development agreement, or other agreement for the construction or development of improvements. Notwithstanding any submittals to be made by Developer hereunder, the Parties acknowledge and agree that any final action, if action is to be taken, on a New Mazda Facility would be in the form prescribed by the City of Indio Unified Development Code, including review and action by the appropriate authority thereunder. Notwithstanding anything in this Agreement to the contrary, City does not intend by this Agreement to commit to a definite course of action with respect to a New Mazda Facility or any land use entitlement. City retains full discretion with respect to any actions authorized by the City of Indio Unified Development Code, any determination under CEQA with respect to a New Mazda Facility, and any mitigation measures or alternatives to a New Mazda Facility pursuant to CEQA, including a decision not to proceed with any approvals for a New Mazda Facility required by the City of Indio Unified Development Code.

5. Indemnification. The Developer shall indemnify, defend, and hold the City and City’s officers, directors, members, employees, agents, contractors and affiliated entities (collectively, the “City Representatives”) harmless from any and all third-party litigation challenging this Agreement or the New Mazda Facility. The Developer’s obligations under the preceding sentence arising prior to the expiration or earlier termination of this Agreement (as applicable) shall survive the expiration or earlier termination of this Agreement. In order to limit the cost of its defense and indemnification under this paragraph, in the event of any such litigation, if and when requested to do so in writing by Developer, City agrees to cancel and rescind the Agreement or any other agreement or approval challenged in the litigation.

6. Representatives. The City Manager, or his or her designee, shall be the representative for the City with respect to the subject matter of this Agreement.

7. Change in Developer. With the exception of an “Affiliate” (as defined below), no person or entity, whether a voluntary or involuntary successor of Developer, shall acquire any rights or powers under this Agreement, nor shall Developer assign all or any part of this Agreement, without the prior written approval of City. Any such approval by City may be granted, withheld or denied at City's sole and absolute discretion. Any other purported transfer, voluntarily or by operation of law, shall be absolutely null and void and shall

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Pre-Development Agreement
confer no rights whatsoever upon any purported assignee or transferee. As used in this Agreement, the term “Affiliate” means any person or entity directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with Developer. The term “control” as used in the immediately preceding sentence, means, with respect to a person or entity that is a corporation, the right to the exercise, directly or indirectly, of more than fifty percent (50%) of the voting rights attributable to the shares of the controlled corporation, and, with respect to a person or entity that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled person or entity.

8. City Cooperation. City agrees to cooperate with Developer in providing them with any information and assistance reasonably within the capacity of City to provide in connection with the performance of inspections, the evaluation of a New Mazda Facility, and the preparation of Developer's submissions to City pursuant to this Agreement or as required by state or local laws and regulations. This requirement does not obligate City to incur any monetary costs therefor or exercise its discretion in any particular way.

9. Address for Notices. Any notices pursuant to this Agreement shall be in writing and sent (i) by Federal Express (or other established and reputable express delivery service which maintains delivery records), (ii) by hand delivery, or (iii) by certified or registered mail, postage prepaid, return receipt requested, to the following addresses:

City of Indio Developer
Attn: City Manager Palm Springs Motors, Inc.
100 Civic Ctr Drive 69-200 Highway 111
Indio, CA 92201 Cathedral City, CA 92234
Any Party may designate a different address for itself by notice similarly given. Any notice, demand or document so given, delivered or made by United States mail, shall be deemed to have been given seventy-two (72) hours after the same is deposited in the United States mail as registered or certified mail, addressed as above provided, with postage thereon fully prepaid (or earlier if actually received earlier).

Any notice, demand or document delivered by overnight delivery service shall be deemed complete upon actual delivery or attempted delivery, provided such attempted delivery is made on a business day. Any such notice, demand or document not given by registered or certified mail or by overnight delivery service as aforesaid shall be deemed to be given, delivered or made upon receipt of the same by the Party to whom the same is to be given or delivered.

10. Default. Failure by either Party to negotiate in good faith or to perform any other of its obligations as provided in this Agreement shall constitute an event of default under this Agreement. The non-defaulting Party shall give written notice of a default to the

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Pre-Development Agreement
defaulting Party, specifying the nature of the default and the action required to cure the default. If the default remains uncured fifteen (15) days after the date of such notice (unless more than 15 days is reasonably required for such cure, in which case after such longer time as is reasonably required for such cure, but only if the party in default commences the cure within such 15 days and diligently completes such cure thereafter), the non-defaulting Party may exercise the remedies set forth in Section 11 of this Agreement.

11. Remedies for Breach of Agreement. In the event of a default under this Agreement that has not been cured (or for which cure has not been commenced) within the applicable period under Section 10, the sole remedies of the non-defaulting Party shall be to (a) terminate this Agreement, or (b) institute an action for specific performance of this Agreement. Following the termination of this Agreement, neither Party shall have any further rights, remedies or obligations under this Agreement, except as specifically set forth herein. Neither Party shall have any liability to the other for monetary damages for the breach of this Agreement, and each Party hereby waives and releases any such rights or claims for monetary damages it may otherwise have at law or at equity; provided, however, that none of the foregoing shall limit the remedy of specific performance permitted hereunder. The Parties' rights and obligations under this Section 11 shall survive the expiration or termination of this Agreement.

12. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof.

13. Time of Essence. Time is of the essence of every portion of this Agreement in which time is a material part.

14. Agreement Does Not Constitute Development Approval. City reserves final discretion and approval as to any New Mazda Facility and all proceedings and decisions in connection therewith. This Agreement shall not be construed as a grant of development rights or land use entitlements to construct a New Mazda Facility or any other project. All design, architectural, and building plans for any New Mazda Facility shall be subject to the review and approval of City and any other Federal, State or local entity with jurisdiction over the New Mazda Facility. By its execution of this Agreement, City is not committing itself to or agreeing to undertake any acts or activities requiring the subsequent independent exercise of discretion by City or any agency or department thereof.

15. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action or proceeding arising from this Agreement shall be brought in the Superior Court for the County of Riverside.

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Pre-Development Agreement

16. Amendments. This Agreement may not be altered, amended, changed, waived, terminated or modified in any respect or particular unless the same shall be in writing and signed and delivered by the Parties.

17. Implementation of Agreement. City shall maintain authority to implement this Agreement through the City Manager (or his or her designee). The City Manager shall have the authority to make approvals, waive provisions and/or enter into certain amendments of or implementing agreements for this Agreement on behalf of City so long as such actions do not materially or substantially change the substantive business terms of this Agreement, or materially add to the costs incurred or to be incurred by City as specified herein. All other material and/or substantive approvals, waivers, or amendments shall require the consideration, action and written consent of the City Council.

18. Conflict of Interest. No member, official or employee of City having any conflict of interest, direct or indirect, related to this Agreement or the development of the Project shall participate in any decision relating to this Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest.

19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which when taken together shall constitute one and the same instrument. Electronic transmission of signatures (e.g., via email) shall be acceptable and binding upon the Parties hereto.
[End of Agreement- Signature page follows]

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Pre-Development Agreement
NOW THEREFORE, City and Developer have executed this Pre-Development Agreement as of the date first set forth above.

CITY OF INDIO DEVELOPER
CITY MANAGER PALM SPRINGS MOTORS, Inc. a
California corporation
___________________________ ___________________________ Dated: __ / ___ / _______ Dated: __ / ___ / _______
ATTEST

CITY CLERK
___________________________
Dated: __ / ___ / _______

APPROVED AS TO FORM

CITY ATTORNEY
___________________________
Dated: __ / ___ / _______

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Pre-Development Agreement
EXHIBIT “A”

STUDY PERIOD OBLIGATIONS

1. Identification of Proposed Site. Developer shall act in good faith to identify the portion of the City of Indio that will be designated as the proposed site for the New Mazda Facility (“Proposed Site”). Upon such identification, Developer shall confirm such location, in writing.

2. Developer Due Diligence. Following Developer's identification of the Proposed Site, Developer, at Developer's sole cost and expense, shall perform commercially reasonable inspections with respect to the Proposed Site, market conditions, and other matters necessary to determine its suitability for Proposed Site for the New Mazda Facility.

3. Development Concept. Following Developer’s identification of the Proposed Site, City agrees to work in good faith with Developer with regards to the following (collectively, the “Development Concept”):
a. A proposed project description, concept drawings, and site plan. b. A proposed schedule for commencement and completion of construction of a New Mazda Facility.
c. An estimate of any City-imposed development costs for the New Mazda Facility.

4. Extension. In order to extend the term of the Study Period by one hundred eighty (180) days pursuant to Section 2 of the Agreement, then prior to the expiration of the Study Period, Developer shall submit to the City written confirmation that Developer has identified the Proposed Site, completed all due diligence items, and has completed the Development Concept.

5. CEQA Requirements. During the Study Period, City shall identify the CEQA requirements for a New Mazda Facility.

6. Application for Land Use Entitlements. Upon completion of the Development Concept and submission to the City, Developer shall make applications for all land use entitlements and approvals required for a New Mazda Facility.

Consideration of Pre-Development Agreement with Palm Springs Motors for ... Page 973 of 1610 City of Indio
City Council
September 21, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Agreement for contractual services between the City of Indio and Riverside University Health System-Behavioral Health for crisis triage behavioral health services in an amount not to exceed $138,052 over a three-year term.

RECOMMENDATION:

That the City Council approve an agreement for contractual services between the City of Indio and Riverside University Health System-Behavioral Health for crisis triage behavioral health services in an amount not to exceed $138,052 over a three-year term, in accordance with the provisions of the City's Community-Based Transitional Housing Grant Program, and authorize the City Manager to sign the agreement.

SUMMARY:

In 2019, the City of Indio entered into an agreement with the County of Riverside’s Riverside University Health System – Behavioral Health ("RUHS-BH") for a full-time Clinical Therapist II (CT II) for a threeyear term, totaling $300,000. The Agreement expired on June 30, 2022. The purpose of this Agreement is to expend the remaining grant funds ($138,052) over the Term of the Agreement. The Agreement will extend the Police Department’s use of the CT II position within a program period of July 1, 2022, through June 30, 2025. The County of Riverside Board of Supervisors will consider the Agreement at their October 4, 2022, meeting. RUHS-BH will continue to provide crisis triage behavioral health services to the Indio Police Department as part of the City's Community-Based Transitional Housing grant-funded program. Qualified behavioral health service staff will team with Quality of Life officers when responding to 9-1-1 calls for service involving individuals with behavioral health issues. The City's partnership with RUHS-BH will enhance the City's Quality of Life Program and the Department's ability to provide critical, contractual behavioral health services to this segment of the population.

BACKGROUND INFORMATION:

The State of California 2016 Budget Act appropriated $25 million for the Community-Based Transitional Housing Program, which seeks to encourage local communities to support housing that provides treatment and reentry programming to individuals who will benefit from those services. The enabling legislation for the program is Senate Bill 837 (Chapter 32, Statutes of 2016). The State Department of Finance is responsible for administering the Community-Based Transitional Housing Program ("CTHP").

In 2017, the California Department of Finance notified the City of Indio that it had been selected to participate in the CTHP program at the requested funding level; the City was awarded $1,949,000.

AGENDA ITEM #9.15
Agreement for contractual services between the City of Indio and Riversi... Page 974 of 1610 The original contractual services agreement between Riverside University Health System--Behavioral Health ("RUHS-BH"), in the amount of $300,000, was approved by City Council in 2019 and expired on June 30, 2022. The City will continue to contract with RUHS-BH for the provision of grant-funded crisis triage behavioral health services to individuals with substance abuse and/or behavioral health issues. RUHS-BH staff will work closely with Quality of Life officers in proactively identifying alternatives to incarceration and arrest through referral and linkage to other community-based, behavioral health, and other support services.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$96,000 In current year budget: Yes
Current FY General
Fund Impact:
$0.00 Budget adjustment: No
Next FY Financial
Impact:
$42,000 Strategic Objective: Public Safety
Source of funds: Fund 204 Transitional Housing
Grant
Fund-Org-Object
Reference:
204
Additional Financial Details:

The $138,052 cost for RUHS-BH contracted services has been budgeted in Special Revenue Fund 204 Transitional Housing Grant Fund.

ATTACHMENTS:

22.24 City of Indio - Cooperative Agreement - Agreement APPROVAL(S):

Mike Washburn, Chief of Police Approved - 07 Sep 2022
City Attorney, City Attorney Approved - 07 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Sep 2022 Bryan H. Montgomery, City Manager Approved - 12 Sep 2022

Agreement for contractual services between the City of Indio and Riversi... Page 975 of 1610

COOPERATIVE AGREEMENT

BETWEEN

COUNTY OF RIVERSIDE

RIVERSIDE UNIVERSITY HEALTII SYSTEM - BEHAVIORAL HEALTH AND

THE CITY OF INDIO

FOR CRISISITRIAGE BEHAVIORAL HEALTH SERVICES
THIS COOPERATIVE AGREEMENT ("AGREEMENT”) is entered into by and between the County of Riverside, Riverside University Health System - Behavioral Health (hereina?er “RUIIS-BH”) and the City of Indio, 3 California municipal corporation, through the Indio Police Department (hereina?er “Indio PD") and is based on the following representations and statements of purpose (collectively “Parties” and each a “Party").

A.

G.

NOW,
I. COP
WHEREAS, the purpose and intent of the General Community Outreach through the Behavioral Health/Law Enforcement Collaborative, is to allow Behavioral Health Service Staff to team with Law Enforcement and respond to 9-1-1 calls involving behavioral health issues; and
WHEREAS, Indio PD desires to enter into a Cooperative Agreement for Crisisffriage Behavioral Health Services, which services will be funded by a grant allocationof $138,052; and
WHEREAS, Indio PD desires to enter into the Behavioral Health Crisis Intervention Team program in order to decrease adverse incidents involving mentally ill people; and
WHEREAS, RUHS-BH and Indio PD desire to enter into the program detailed in the Cooperative Agreement; and
WHEREAS, RUHS-BH is quali?ed to provide crisis/triage behavioral health service employees; and
WHEREAS, the AGREEMENT will serve as an understanding of the roles, responsibilitiesand servicesto be providedby Indio PD and RUHS-BH; WHEREAS, the purpose of this AGREEMENT is to expend the remaining grant allocationof $138,052 over the Term; and
THEREFORE, Participantsmutually agree as follows:

F ERVICE
The purpose of the AGREEMENT between participantsisto outline the roles and duties of these agencies to provide crisis/triage behavioral health and homelessoutreach sem'ces.

Agreement for contractual services between the City of Indio and Riversi... Page 976 of 1610 III.

IV.

PROGRAM GOALS
A. Provide alternatives to those at risk of injury or death without appropriate behavioral health/substance use crisis/triage services provided directly in the community in collaboration with local law enforcement.

B. Reduce jail incarcerations and involuntary BH treatment/hospitalizations for individuals whose behavior is in?uenced by a behavioral health disorder/crisis and who are the subject of 9-1-1 calls.

C. Attempt to divert individuals with behavioral health (behavioral health and/or substance use) problemsinto appropriatecommunity services and supports.

D. Engage hard to reach homeless who suffer from a serious mental illness and/or substance use disorder and link them to all available RUHS-EH and community resources in a coordinatedand effective manner.

DUTIES AND RESPONSIBILITIES
A. RUHS-BH RE PONSIBILITIES
RUHS-BH shall provide one full time Clinical Therapist to work with the Indio Police Department and shall perform the services (“services”) listed in Attachment l, which is attached hereto and incorporatedherein by reference.

Indio PD RESPONSIBILITIES
The Indio Police Department shall provide the services listed in Attachment 1, which is attachedhereto and incorporatedherein by reference.

FISCAL PROVISIONS
A. MAXIMUMAMOUNT AND SOURCE OF FUNDS
Total payment to be funded by Indio PD under this AGREEMENT shall not exceed $138,052 for the program period of July I, 2022 through June 30, 2025, This AGREEMENT shall be funded through ?urds identi?ed in the annualCity of Indio and RUIIS-BI-I budgets and is subject to change dependent on funding fluctuations.

B. COMPENSATION
RUHS-BI-I shall bill Indio PD for one (1) ClinicalTherapist II (CT II) position, but in no event shall compensationfor the Clinical TherapistPosition and services Hut 1 1/ M
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Agreement for contractual services between the City of Indio and Riversi... Page 977 of 1610 exceed $138,052 for the Tenn of t.hisAGREEMENT (“Compensation Cap"). Any costs above this amotu-it shall be the obligation of RUSH-BH

1. Salaries and Bene?ts
Salaries and bene?ts for the CT II position shall be billed based on the actual cost of ?lled position only.

C. REIMBURSEMENT/PAYMENW COMPENSATION
RU}-IS-Bl-I shall compile all payments made to fund the CT II position by quarter and shall include them in the quarterly billing to be received by Indio PD within forty-five (45) days following the end of the quarter in which the services were provided (i.e., First Quarter:July—September billing is due November 15"’). If actuals are not available, an estimated billing if necessary will be submitted.

Upon submission, Indio PD will pay the estimatedinvoice and an adjustment will be made by RUI-IS-BH on the subsequent quarter's billing for the difference.

Indio PD will reimburseRUHS-BH within 30 days a?er receipt of the claim.

Equipment purchased by either party will remain their property and shall be returned to them upon terminationof this AGREEMENT.

Indio PD is responsiblefor reimbursement of up to $138,052 over the Tenn of this Agreement (three years) of the total costs to offset the Clinical Therapist II (CT II) position.

V. GENERAL PROVISIONS
A. EFFECTIVEPERIOD
This AGREEMENT shall be effective for three (3) years beginning July 1, 2022 and ending June 30, 2025 (“Term“). This AGREEMENT may be renewed annually therea?er upon mutual consent by both parties (RUHS-BH and Indio PD) and upon availability of funding up to an additional three (3) years.

ALTERATION OF TERMS AND ENTIRE AGREEMENT
The body of this AGREEMENT fully expresses all understanding of the parties concerning all matters covered and shall constitute the total AGREEMENT. No addition to, or alteration of, the terms of this AGREEMENT, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this AGREEMENT, which is formally approved and executed by Participants.

AMENDMENTS
In the event that either party desires to amend the terms of this AGREEMENT, Participants will comply with the terms of this AGREEMENT until such time as hp 1 one
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Agreement for contractual services between the City of Indio and Riversi... Page 978 of 1610 the amendment is approved or formal action is taken by the County of Riverside Board of Supervisors and the City of Indio’s City Council.

IERMINATION
This AGREEMENT may be terminatedby either party by giving 30 days written notice by certi?ed mail of intention to tenninate, such period beginning upon receipt of notice, and may be terminated for cause, such as a will?rl and/or material breach of the AGREEMENT by either party by giving five (5) days written notice of intentionto terminate by certi?ed mail.

NQTICES
All notices, claims correspondence, reports, and/or statements authorized or required by this AGREEMENT shall be addressed as follows:

RUHS-BH: County of Riverside
RiversideUniversity Health System - BehavioralHealth
Program Support Unit
4095 County Circle Drive
Riverside, CA 92503
INDIO PD: City oflndio
lndio Police Department
46800 Jackson Street
Indio, CA 92201
Unless the persons or addresses are otherwise identi?ed by notice given in the manner speci?ed by this pamgraph, all notices shall be deemed effective when they are reduced to writing and deposited in the United States mail, postage prepaid, and addressed as above. Any notices, correspondences, reports, and/or statements authorized or required by this AGREEMENT addressed in any other fashion shall not be acceptable.

CONFIDENTIALITY
Indio PD and RUHS-BH agree to maintain the confidentiality of all behavioral health and substance use client information in accordance with all applicable Federal, State and local laws and regulations. Indio PD and RUHS-BH will ensure that names, addresses, phone numbers, and any other individually identi?able information concerning behavioral health and/or substance use clients and the services they may be receiving are kept con?dential. Indio PD and RUHS-BH will not divulge any behavioral health and/or substance use client information to any unauthorizedperson.

Indio PD and RUHS-BH shall maintain the con?dentiality of all behavioral health and substance use health records that it maintains, receives, or sends to RUHSBH. Records include, but may not be limited to, claims that include individual identifying client information, individually identi?able health records and M51!"
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Agreement for contractual services between the City of Indio and Riversi... Page 979 of 1610 information, and/or Management Information System records. Indio PD and RUHS-BH shall have reasonable safeguards in place to prevent unauthorized access to records.

Applicable Con?dentiality Laws include, but may not be limited to, California Welfare & Institutions Code, Sections 5328 through 5330, inclusive, 45 CFR Section 205.50, 42 CFR-Chapter 1-Part 2. India PD and RUHS-BH shall require all its o?icers, employees, and agents providing services hereunder to acknowledge the understanding of and agreement to fully comply with, such con?dentiality provisions.

Indio PD and RUHS—BHshall indemnify and hold harmless each other, and their of?cers, employees, and agents, from and against any and all loss, damage, liability, and expense arising from any disclosure of such records and information by Indio PD or RUHS-BH, as applicable,and their of?cers, employees, or agents.

RUHS-BH agrees to maintain the con?dentiality of all criminal and law enforcement information in accordance with all applicable Federal, State and local laws and regulations. RU]-IS-BI-I will ensure that names, addresses, phone numbers, and any other individually identi?ableinformation concerning criminal violations and related law enforcement activities they may be receiving are kept con?dential.RUHS-Bl-I will not divulge Indio PD con?dential information to any unauthorizedperson.

RUHS-BH shall maintain the con?dentiality of all behavioral health and substance use health records that it maintains, receives, or sends to Indio PD.

Records include, but may not be limited to, claims that include individual identifying client information, individually identi?able health records and information, and/or Management InformationSystem records. RUI-IS-BH shall have reasonablesafeguards in place to prevent unauthorizedaccess to records.

VI. MISCELLANEOUSPROVISIONS
A. SEVERABILITY: If any provisionin this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidatedin any way.

HOLD HARMLESS-INDEPENDENTPARTNER: It is understood and agreed that both Indio PD and RUHS-BH are independent entities and that no relationship of employer—employeeexists between the parties hereto. Indio PD shall not be entitled to any bene?ts payable to employees of the County of Riverside or RUHS-BH, including County Workers’ Compensation Bene?ts, nor shall RUHS-BH, including the person ?lling the ClinicalTherapist 11position, be entitledto any City bene?ts RUHS-BI-I is not required to make any deductions from the compensation payable to Indio PD under the provisions of this AGREEMENT.

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Agreement for contractual services between the City of Indio and Riversi... Page 980 of 1610 INSURANCE-INDEMNIFICATION:Each Party hereto agrees to indenmify and hold harmlessthe other party, its agency, officers, agents and employees, free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any acts or omission of such indemnifying Party, relating to or in any way connected with or arising front tl1e accomplishment of the work by the Indemnifying Party.

Each Party further agrees to protect, indemnify and defend at it expense including attorney fees, the other party, its agency officers, agents and employees in any legal action(s) or cIaim(s) based upon such alleged acts or omissions whether the subject action(s) or claim(s) are well-founded, properly ?led or pleaded, or not commenced in a court of competent jurisdiction.

Without limiting such indemni?cation, each Party shall maintain in force at all times during the perfonnance of this AGREEMENT, insurance policies evidencing coverage during the entire term of the AGREEMENT as follows:

1. General liability insurance in t.heamount of not less than $1,000,000 per occurrence and aggregate.

2. Workers’ Compensation insurance in accordance with statutory requirements.

3. If motor vehicles are used pursuant to t.his AGREEMENT, not less than $1,000,000 combined single limit for damage to property and injury to persons.

These requirementsmay be met by a program of self-insurance.

RECORD RETENTION: RIVERSIDE agrees to retain all records pertaining to this AGREEMENT for a period of five (5) years a?er termination of this AGREEMENT, or such federal and state provisionsin efTect. If, at the end of three years, there is ongoing litigation or an audit involving those records, RUHS» BH shall retain the original records until the resolutionof such litigation or audit; Indio PD shall retain copies of the records until the resolutionof such litigation or audit.

JURISDICTION VENUE A'l'l'ORNEY’S FEES: This AGREEMENTis to be construed under the laws of the State of California. The parties agree to the jurisdiction and venue of the appropriate courts in the County of Riverside, State of California. Should action be brought to enforce or interpret the provisions of this AGREEMENT, the prevailing party shall be entitled to attomey’s fees in additionto whatever other relief is granted.

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Agreement for contractual services between the City of Indio and Riversi... Page 981 of 1610

SIGNATORIES
RUHS-BH and India PD mutually agree to fully and faithfully perform all applications set forth in this AGREEMENT. Both parties agree to have their duly authorized signatories sign this AGREEMENT.

COUNTY ADDRESS: INFORMATIONCOPY:

County of Riverside County of Riverside
Board of Supervisors Riverside University Health System - BehavioralHealth 4080 Lemon Street, 5"‘Floor Ann: Program Support
Riverside, CA 92501 P.O. Box 7549
Riverside, CA 92503-7549
CITY OF INDIO: COUNTY OF RIVERSIDE:

Signed:

Jeff Hewitt, Chairperson
Riverside County Board of Supervisors
Title:

Date: Date:

ATTEST:

City Clerk
Deputy: ________
City of Indio
46800 Jackson Street
Address: Indio, CA 9220]
CITY ATTORNEY" COUNTY COUNSEL‘
Approvedas to Form GREGORY P. PRIAMOS
Approvedas to Fonn
By: BY:

City Attorney Deputy County Counsel
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Agreement for contractual services between the City of Indio and Riversi... Page 982 of 1610 ATTACHMENT 1
A. RUI-IS-BH RESPONSIBILITIES
RUHS-Bl-Iwill provide one full time Clinical Therapist to work with Indio PD.

RU]-IS«BI-I Assignments:

1. ll.

RUHS-Bl-I Staff will work directly with police officers on patrol and with police department administrators to bring direct knowledge and experience regarding behavioral health resources.

All assigned RUHS-BH staff will be required to pass security background requirements as determinedby Indio PD.

RUHS—BHStaff shall be required to adhere to dress code requirements as speci?edby Indio PD for Crisis InterventionTeam members.

RUHS-BH shall furnish polo shirts and light jackets with logos or insignia as approved by Indio PD.

RUHS-BH will provideBH staff with cell phones that have e-mail functionality.

RUHS-BH InformationTechnology (IT) staff will coordinate IT installation of RUHS-BH ELMRdatabaseand e-mailwith Indio PD IT staff.

RUHS-Bl-I Staff will routinely attend Indio PD daily roll calls in order to provide consultationand brief training as it is identi?ed and requested by Indio PD.

RUHS-Bl-I Staff will routinely be assigned by Indio PD to ride with patrol officers in the field in order to respond to 9-1-1 calls as requested by Indio PD Dispatch.

RUHS-BH Staff will work to find alternatives to divert behavioral health consumers into BH services and supports including emergency housing, hospitalization,outpatient Bl-Iservices and other BH support services.

RUHS-BH Staff will provide alternatives to incarcerationand arrest through referral and linkage to other community based behavioral health, substance use (SU), and/or socialservicesresources.

RUHS-Bl-I Staff will provide alternatives to behavioral health involuntary treatment through referral and linkage to other community based BH/SU and social services resources.

RUHS-BH Staff will provide crisis interventionservice planning for individuals with behavioralhealth issues who are frequently the subject of 9-1-1 calls. up 1 ./n
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Agreement for contractual services between the City of Indio and Riversi... Page 983 of 1610

14. l6.
l7.
l8.
l9.

20. 21.

22. RUHS-Bl-{ Staff will work directly with police to improve the appropriateness and quality of behavioral health detentioris.

RUHS-Bll Staff will work with police to provide direct intervention from the perspectiveof behavioral health background and training.

RUHS-BH Staff will provide engagement and outreach services to homeless mentally ill personswho come in contact with police officers.

RUHS-BH Staff will provide assistance in dealing with calls involving domestic disturbances or violence that involve potential mentally ill or substance use consumers. RUHS-BH Staff will provide assistance and support to children and families in crisis, and linkage to appropriate community services.

RUHS-BH Staff will assist the Indio PD in establishing Crisis InterventionTeams (ClTs) consisting of police officers who are specialty trained and certi?ed by Indio PD in behavioral health crisis interventionto be deployed to 5150/9-l-l calls.

RUHS~BH Staff working within the Police Department will have computer and telephone access, RUHS-Bl-I enrollment, and service contact information to utilize and assist enrolledclients and police officers responding to 5150 calls.

When direct services with police patrol officers are not needed, RUHS-BH staff will remain at the police department o?ices and will provide consultation inperson, by telephone or radio for police officers responding to behavioralhealth crisissituations.

Police officers often go to locationswhere homeless persons congregate. RUHSBH Staff will go with police to work with homeless people where they congregate in order to identify and engage persons that may be eligible for RUHS-Bll servicesand/orto facilitatereferrals and linkage to community resources that may assist general populationand homeless persons. RUHS-EH Staff will coordinate follow-up outreach with RUHS-BH Homeless Outreach Teams and/or City of Indio Homeless OutreachTeams as needed. RUHS-BH Staff will work in the office to arrange social service supports and coordinate services with other agencies and programs.

RUHS-BH Staff will coordinate with jail incarceration diversion teams and programs including behavioral health and drug courts to intervene and help to divert persons with a serious behavioral health disorder into appropriate and recommendedBH treatment services and supports, and persons with impairing substanceuse disordersinto substance abuse treatment services and supports.

RUHS-BH Staff may work directly with RUHS-BH Detention behavioralhealth staff to coordinate BH/SU services and assist with issues involving inmates detained through Indio PD in post-booking, pre-trial diversion and linkage to community resources upon release from incarceration.

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Agreement for contractual services between the City of Indio and Riversi... Page 984 of 1610

24. 25.

RUHS-BH Staff may work with other behavioralhealth crisis response services involving 9-1-1 calls, such as training and support to ambulance emergency medicaltechnicians and Riverside Fire Department (RFD) paramedics.

RU]-IS-B}-I Staff will develop public informationbrochures regarding police/BH collaboration, contact infonrlation and phone numbers for community resources and referrals, and FrequentlyAsked Questions(FAQS).

And other duties as agreed upon by both parties.

INDIO PD RESPONSIBILITIES

1. Indio PD will assign law enforcement personnel and RUHS—Bl-Istaff to respond to requests for assistance in the ?eld.

Work stations at each of the Indio PD substationsthat RUHS-BH staff will be assigned with computers and lntemet access.

Each staff member will need general access Honeywell cards into Indio PD Police Stations as identified by Indio PD.

Indio PD IT staff will coordinateIT installationswith RUHS-BH IT, this includes compliancewith FederalHIPAA required level of security and providing RU}-ISBH staff with a City of Indio e-mail account.

Indio PD will conduct security background investigations for designated RUHSBH staff and maintainthe con?dential records of the investigation outcomes.

Indio PD shall provide a logo shirt and a ballistic vest to RUHS-BH liaison/staff.

Indio PD will provide training, basedon a curriculumdeveloped and approved by RUHS-BH, regarding field operationsand safety.

And other duties as agreed upon between by both parties.

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Agreement for contractual services between the City of Indio and Riversi... Page 985 of 1610 City of Indio
City Council
September 21, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Approve the purchase from Long Beach BMW Motorcycles in the amount of $121,482.51 for three (3) new 2023 R 1250 RT-P BMW Police motorcycles.

RECOMMENDATION:

Approve the purchase of three (3) new 2023 R 1250 RT-P BMW Police motorcycles from Long Beach BMW Motorcycles in the amount of $121,483.

SUMMARY:

Currently, the Police Department has three police motorcycles that have met the City’s criteria for replacement. As these motorcycles have continued to age and deteriorate they have also become less dependable. These motorcycles have exceeded established guidelines for replacement and as repair and maintenance costs have accelerated on these vehicles it is more cost-effective for the City to replace these motorcycles. The cost includes the up-fitting of the new motorcycles.

BACKGROUND INFORMATION:

As these three (3) police motorcycles are emergency response vehicles and as they have fulfilled their lifecycle, the replacement of these vehicles is a critical need for the City. Fleet Services has verified that these replacement motorcycles will meet the needs of the Police Department.

Additionally, the replacement motorcycles will integrate new technology and equipment features that will assist in providing needed dependable emergency response, improved gas mileage, and more cost-effective service to the public.

Staff had prepared specifications for these needed vehicles and had sought quotes from various vendors. Two quotes were submitted as follows.

Bidder's Name Business Location Quote
Long Beach BMW Long Beach, CA $121,482.51
Riverside BMW Riverside, CA $122,443.80
Long Beach BMW is the lowest quoted price and the reputation of the mechanics at the business is outstanding. Accordingly, staff recommends that the purchase be made through Long Beach BMW.

AGENDA ITEM #9.16
Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 986 of 1610 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$121,483 In current year budget: Yes
Current FY General
Fund Impact:
$0.00 Budget adjustment: No
Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: American Rescue Plan Act Fund-Org-Object Reference:
241-555003
Additional Financial Details:

Upon approval, the Police Department will utilize funding made available through the American Rescue Plan Act (ARPA) to pay for the three public-safety motorcycles.

ATTACHMENTS:

Attachment 1: BMW Long Beach Quote
Attachment 2: BMW Riverside Quote
APPROVAL(S):

Mike Washburn, Chief of Police Approved - 02 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 06 Sep 2022 Bryan H. Montgomery, City Manager Approved - 06 Sep 2022

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 987 of 1610 R 1250 RT-P Motor Pricing Form (2023ModelYear)
Color Option Code 1 ‘ 1 Night Black &A|pine wtiiie III 753 i

EMWMVIMIJG
0 Night Black 716 ‘- i— i— ———~‘
0 Alpine wtiite lll (special order) 751
0 Black Blue (special order +60 days) 754
O Saphir Blue (special order + 60 days) 755
0 Violet aiiie (special order +50 days) 756 May 25. 2022 0 Glacier Silver Metallic (special order) N99
Quotation: ' ' Motorcycle
City of India Option Code Retail Price $21,250.00
Factory Specialsorder Options - Plan 90-120 Days for Delivery 0 Adaptive Headlight (includes 219) 134 $625.00 $0.00
1 Keyless Ride w/two transmitters 193 $375.00 $375.00
1 Gear Shift Assist Pro 222 $495.00 $495.00
0 Ride Modes Pro (includes 18B) 224 $215.00 $0.00
0 Chrome Exhaust (includes 19F) 340 $150.00 $0.00
0 Additional LED Headlights (driving lights) 562 $450.00 $0.00 0 PA Microphone 599 $595.00 $0.00
0 High Seat Black 610 $0.00 $0.00
0 Low Seat Black 776 $0.00 $0.00
0 Enhanced Smart Phone Connectivity 6NS $250.00 $0.00
The Options Below denomeStandard OrderDeck - Removal is only by Special Order - OptionDelehe 1 Heated Sea! 518 $225.00 $225.00
1 Tire Pressure Monitoring 530 $225.00 $225.00
1 Cniise Control (standard feature) 538 $0.00 $0.00
1 Weather Protection ' 649 $195.00 $195.00
Additional Labor Operations Provided by Dealer
Black Wheels 50 00
GTT ATP opticorn 795H installed $1,492 00
PVP Bluetoalh Motor kll 5925 on
Clearwater Darla liglits installed 51,079 00
Stalker DSR 2x installed $4.395 00
Install Agency supplied radio 5525 on
S0 00
Doc Fees $85 00
‘CVR $30 on
‘THE Fee 53 so
‘Non Tax so00
so00
$0.00

50.00 Unis Quotation valid for 60 days Tml Price - Page 1 $31,399.50 1 from date noted below. Tomi Price - Page 2 $2,584.49
TOEI Price - Page 3 $252.27
Date of Quote: Parts From other suppliers - Page 4 $1,921.95 Long Beach BMW Motorcycles Dealer Basic Assembly I Preparation Motorcycle Freight
Total Retail Price per Unit with Options $37,239.21
state Sales Tax (ii applicat.-ilei $3,255.50
Total Retail Price per Unit with options $40,494.71
Note: Prices suoieotto change wittiout iiatioe. Final price is always determined by the selling authorized BMW Motorcycle dealer.

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 988 of 1610 R 1250 RT-P
Per
st»... .

Quotation fol:

City of India
Blue ID Light Selection (1)
Standard Blue Pod-Mounted ID Lights — SID
Round Blue License Plate ID Lights - RID
Emergency Warning Lights (10)
Red LED-X Light
Blue LED-X Light
Amber LED-X Light
White LED-XLight
Green LED-XLighl
Rear Duplex Emergency Warning Light (1)
Duplex LED-XRed I Red
Duplex LED-X Blue I Blue
Duplex LED-X Red I Blue
Duplex LED-XBlue I Amber
Duplex LED-X Green I Green
Duplex LED-XAmber I Amber
6317 2 361717
7160 2452 897
BMWPIN
6317 2 361718
5317 2 361719
6317 2 361720
6317 2 361721
63172450 782
63172 361725
63172 361729
63172 361730
63172 351731
63172 450 783
63172 450 784
Take-Down (4) Alley (2) rs (2) er (2) Saddlebag Light (1) Red ID (1) White Torus LEDTDUAl|ey
Auxiliary LED Turn Signals
Auxiliary LED Brake/Tail Light
Saddlebag LED Lights wlsensor switch
Red ID Lights (replacing blue ID lights)
Round Blue License Plate ID Light Kit
Dealer Installed Options I Retroiits
Shift Assistant Pro (hardware)
Shift Assistant Pro - Enabling Code
Ride Modes Pro - Enabling Code
Also Requires DTCEnabling Code
LED Auxiliary Headlights Nano (order 2)
Bolts x 40 (order 2)
M6 Hex Nut (order 2)
Requires Activation by Dealer ~ No Code Needed
Convenience Options
Extra Ignition Key — No Keyless Ride
Extra Ignition Key - Keyless Fob Transmitter
Heated Seat - Low
Heated Seat - High
Tire Pressure Gauge
BMW Motorrad Battery Charger (2.5 Ah)
Motorcycle Full Cover
Note: Prices subject to change without notice. Always verify accuracy of pan pricing before submitting quotations.

Final price is always determined by the selling authorized BMW Motorcycle dealer. 53172 361 722
6317 2 361 725
6317 2 361726
6317 2 361727
6317 2 361724
7160 2 452 876
23413 536 534
7715 8 395 839
77 53 8 395 840
77 53 S 395 541
6317 9 457 322
6312 7699141
0712 9 905 826
51 25 8 540 950
66 12 7 105 699
52 53 B544 785
52 53 8 544 792
B2 12 0 140 377
77 02 2 470 951
71 60 2 450 405
Order rt
0 Motor Pricing Form - Page 2
$0.00
$0.00
Retail
$112.50
$112.50
$112.50
$121.67
$121.67
$359.17
$392.92
$375.26
$376.26
$341.56
$376.26
$50.00
$75.83
55876
$149.17
$111.67
$122.09
$705.73
$41.73
$208.86
$54.25
$157.89
$5.35
$3.14
$97.61
$341.64
$542.81
$542.81
$30.33
$164.89
$129.28

30.00 50.00
Total Retail
$562.50
$562.50
$0.00

50.00 50.00

50.00 $0.00
5375.26

50.00 50.00

50.00 $450.00
$151.67
3117.51
5149.17

50.00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$164.89
$0.00

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 989 of 1610 R 1250 RT-P Motor Pricing Form - Page 3
Quotation for:

City of India
Additional Accessories
OW
Per
item Description
Additional Accessories
Storage Options
Saddlebag Liners (each)
Tank Top Bag
Engine Protection
Rocker Cover Protection
Sump I Engine Protection Guard (order 1)
Fillister Head Screws M6 x 20 (order 5)
Grommet (order 5)
Bushing (order 5)
Bracket lront (order 1)
Bracket Rear (order 1)
C-Clip Nut M6(have been included wlbrackets)
Fillister Head Screws M8 x 25 (order 5)
BMWFIN
71 60 7 704 109
77 45 8 543 227
7714 8406167
11848 532 939
07129903076
13 531341283
11 B48 544 832
1184 B532 937
11 B4 8 532 940
07147593887
07129907382
Order it
0 Retail
$126.13
$233.20
$238.33
$127.48
$3.25
$2.63

55.19 $59.38
$74.23
$2.63

51.59

Total Retail
$252.27
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Note. Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.

Final price is always determined by the selling authorized BMWMotorcycle dealer.

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 990 of 1610 Additional Accessories From Other Suppliers - Page 4
Qty Description PM Price Each Total Price
1 Flashlight & Baton Holders Demo: RH/LHFl:FMSA-MT-FLH 135 135 1 RadioPower Connection Plug Code A FMSA-EL~RPP 10 10
1 Speaker Connection Plugs FMSA-EL-SCP 9.5 9.5
1 Radio Receiver Quick Mounting Plate FMSA-MT-RQM 30 30 1 Fairing USBOutlet w/ voltmeter & On-Off Sv FMSA-EA-USB2 45 45 1 Map Light - LED FMSA-MT-MLLE 114 114
1 Notepad Holder FMSA-MT-NPH 48 48
1 Assault Ri?e / Shotgun Mounting Bracket De FMSA-MT-RMB 59 59 1 Assault Ri?e Mount Demo: Standard LowerSFMSA—GL-ARM 767 767 1 Rear Radar Antenna Mount Demo: Dual Bolt FMSA-RAM—S 49 49 1 TFT Radar Display Dashboard Mount - MY20 FMSA-MT-TFT-I 47 47 1 Front Radar Antenna Mount Demo: Fonivard FMSA-AMF-FSD 59 59 1 Radar Remote Controller Mount Demo: Stall FMSA-MT-SRD 26 26 1 Radar Counting Unit Mount Demo: Stalker CiFMSA-MT-SCU 28 28 1 Radar Connection Plug FMSA-EL-RCP 9.5 9.5
1 GT!’Opticom 795 Dashboard Mount FMSA»MT-TFT-7 59 59
1 Water Bottle Holder/Helmet Lock FMSA-MT-WBH 79.95 79.95 2 Saddlebag Inner Cover - LidStorage FMSA-SBIC 59 118
1 LAPDTicket Book Box FMSA-LAPD-TBI 235 235

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 991 of 1610 R 1250 RT-P Motor Pricing Form (2023 Model Year)
Color Option Code
1 Night Black & Alpine White III 753
0 Night Black 716
0 Alpine White III (special order) 751
0 Black Blue (special order +60 days) 754
0 Saphir Blue (special order + 60 days) 755
0 Violet Blue (special order +60 days) 756 May 26, 2022 0 Glacier Silver Metallic (special order) N99
Quotation: Motorcycle
City of Indio Option Code Retail Price $21,250.00
Factory Special-Order Options - Plan 90-120 Days for Delivery 0 Adaptive Headlight (includes 219) 134 $625.00 $0.00
1 Keyless Ride w/two transmitters 193 $375.00 $375.00
1 Gear Shift Assist Pro 222 $495.00 $495.00
0 Ride Modes Pro (includes 18B) 224 $215.00 $0.00
0 Chrome Exhaust (includes 19F) 340 $150.00 $0.00
0 Additional LED Headlights (driving lights) 562 $450.00 $0.00 0 PA Microphone 599 $595.00 $0.00
0 High Seat Black 610 $0.00 $0.00
0 Low Seat Black 776 $0.00 $0.00
0 Enhanced Smart Phone Connectivity 6NS $250.00 $0.00
The Options Below denote Standard Order Deck - Removal is only by Special Order - Option Delete 1 Heated Seat 518 $225.00 $225.00
1 Tire Pressure Monitoring 530 $225.00 $225.00
1 Cruise Control (standard feature) 538 $0.00 $0.00
1 Weather Protection 649 $195.00 $195.00
$0.00
$0.00
Inc
$997.00
$1,398.00
$3,995.00
$1,052.00
$0.00
$0.00
$85.00
$3.50
$0.00
$0.00
$0.00
Units Quotation valid for 60 days Total Price - Page 1 $30,295.50 1 from date noted below. Total Price - Page 2 $2,844.61 Total Price - Page 3 $267.11
Date of Quote: 08/05/22 Parts From Other Suppliers - Page 4 $2,028.45 $1,450.00
$645.00
$37,530.67

8.75% $3,283.93
$40,814.60
Quote for MY 2023 R1250RT-P
Additional Labor Operations Provided by Dealer
BMW Motorcycles of Riverside, Dan Schoo or Darren Maddox (951)353-0607 DOC Fees
Tire Tax
Motorcycle Freight
Install Motorola Radio, provided by agency
PVP Bluetooth Module, RT12-15XT2
Total Retail Price per Unit with Options
Dealer Basic Assembly / Preparation
Total Retail Price per Unit with Options
Note: Prices subject to change without notice. Final price is always determined by the selling authorized BMW Motorcycle dealer.

State Sales Tax (if applicable)
794HM Opticom Infrared Preemption Emitter
Stalker DSR 2X Running Radar
E52 Clearwater Erica kit with covers

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 992 of 1610 R 1250 RT-P Motor Pricing Form - Page 2
See Special Notation Comment
Quotation for:

City of Indio
Blue ID Light Selection (1)
1 Standard Blue Pod-Mounted ID Lights - SID 63 17 2 361 717 $0.00 $0.00 0 Round Blue License Plate ID Lights - RID 71 60 2 452 897 $0.00 $0.00 Per Emergency Warning Lights (10) BMW P/N Order # Retail $0.15 Total Retail 5 Red LED-X Light 63 17 2 361 718 5 $119.12 $595.59
5 Blue LED-X Light 63 17 2 361 719 5 $119.12 $595.59
0 Amber LED-X Light 63 17 2 361 720 0 $119.12 $0.00
0 White LED-X Light 63 17 2 361 721 0 $128.82 $0.00
0 Green LED-X Light 63 17 2 450 782 0 $128.82 $0.00
Rear Duplex Emergency Warning Light (1)
0 Duplex LED-X Red / Red 63 17 2 361 728 0 $380.29 $0.00 0 Duplex LED-X Blue / Blue 63 17 2 361 729 0 $416.04 $0.00 1 Duplex LED-X Red / Blue 63 17 2 361 730 1 $398.39 $398.39 0 Duplex LED-X Blue / Amber 63 17 2 361 731 0 $398.39 $0.00 0 Duplex LED-X Green / Green 63 17 2 450 783 0 $362.07 $0.00 0 Duplex LED-X Amber / Amber 63 17 2 450 784 0 $398.39 $0.00 Take-Down (4) Alley (2) TS (2) BT (2) Saddlebag Light (1) Red ID (1) 6 White Torus LED TDL/Alley 63 17 2 361 722 6 $84.71 $508.24 2 Auxiliary LED Turn Signals 63 17 2 361 725 2 $80.29 $160.59 2 Auxiliary LED Brake/Tail Light 63 17 2 361 726 2 $62.21 $124.42 1 Saddlebag LED Lights w/sensor switch 63 17 2 361 727 1 $157.94 $157.94 0 Red ID Lights (replacing blue ID lights) 63 17 2 361 724 0 $118.24 $0.00 1 Round Blue License Plate ID Light Kit 71 60 2 452 876 1 $129.27 $129.27 Dealer Installed Options / Retrofits
0 Shift Assistant Pro (hardware) 23 41 8 536 884 0 $747.25 $0.00 0 Shift Assistant Pro - Enabling Code 77 15 8 395 839 0 $44.19 $0.00 0 Ride Modes Pro - Enabling Code 77 53 8 395 840 0 $221.16 $0.00 0 Also Requires DTC Enabling Code 77 53 8 395 841 0 $57.45 $0.00 0 LED Auxiliary Headlights Nano (order 2) 63 17 9 457 322 0 $167.18 $0.00 0 Bolt 6 x 40 (order 2) 63 12 7 699 141 0 $5.69 $0.00
0 M6 Hex Nut (order 2) 07 12 9 905 826 0 $3.33 $0.00
Requires Activation by Dealer - No Code Needed
Convenience Options
0 Extra Ignition Key - No Keyless Ride 51 25 8 540 950 0 $103.35 $0.00 0 Extra Ignition Key - Keyless Fob Transmitter 66 12 7 105 699 0 $361.74 $0.00 0 Heated Seat - Low 52 53 8 544 786 0 $574.74 $0.00
0 Heated Seat - High 52 53 8 544 792 0 $574.74 $0.00
0 Tire Pressure Gauge 82 12 0 140 377 0 $32.12 $0.00
1 BMW Motorrad Battery Charger (2.5 Ah) 77 02 2 470 951 1 $174.59 $174.59 0 Motorcycle Full Cover 71 60 2 450 408 0 $136.88 $0.00 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.

Final price is always determined by the selling authorized BMW Motorcycle dealer.

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 993 of 1610 R 1250 RT-P Motor Pricing Form - Page 3
Quotation for:

City of Indio
Additional Accessories
Qty Item Description Page 3
Per Additional Accessories BMW P/N Order # Retail Total Retail Storage Options
2 Saddlebag Liners (each) 71 60 7 704 109 2 $133.55 $267.11 0 Tank Top Bag 77 45 8 543 227 0 $246.92 $0.00
Engine Protection
0 Rocker Cover Protection 77 14 8 406 187 0 $252.35 $0.00 0 Sump / Engine Protection Guard (order 1) 11 84 8 532 939 0 $134.98 $0.00 0 Fillister Head Screws M6 x 20 (order 5) 07 12 9 908 076 0 $3.45 $0.00 0 Grommet (order 5) 13 53 1 341 283 0 $2.79 $0.00
0 Bushing (order 5) 11 84 8 544 832 0 $5.49 $0.00
0 Bracket front (order 1) 11 84 8 532 937 0 $62.87 $0.00 0 Bracket Rear (order 1) 11 84 8 532 940 0 $78.60 $0.00 0 C-Clip Nut M6 (have been included w/brackets) 07 14 7 693 887 0 $2.79 $0.00 0 Fillister Head Screws M8 x 25 (order 5) 07 12 9 907 382 0 $1.68 $0.00 Final price is always determined by the selling authorized BMW Motorcycle dealer.

Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 994 of 1610 Qty Description PN Price Each Total Price
1 Fairing Mounted USB Socket EA-USB 45.00 $ 45.00 $
1 LED Map Light MT-MILLED 114.00 $ 114.00 $
1 Note Pad Holder MT-NPH 48.00 $ 48.00 $
1 Flash Light/PR24 Holder MT-LFBH 200.00 $ 200.00 $
2 Radio Power Plug Connector EL-RPP 10.00 $ 20.00 $
1 Radio "Y" Power Harness EL-RPPD 36.00 $ 36.00 $
1 Radio Speaker Plug EL-SCP 10.00 $ 10.00 $
1 Radio Quick Mount Plate MT-RQMP 30.00 $ 30.00 $
1 Accessory Connection Plugs EL-ACP 9.50 $ 9.50 $
1 License Plate Space Kit LPSK 12.00 $ 12.00 $
1 AR Rack Bracket MT-RMBRH 59.00 $ 59.00 $
1 Locking AR Mount GL-ARM 767.00 $ 767.00 $
1 Running Radar Bracket Set Multi 245.00 $ 245.00 $
1 Cup Holder/Helmet lock MT-WBHL 79.95 $ 79.95 $
1 Ticket Book Holder, LAPD Style LAPD-TBB 235.00 $ 235.00 $ 2 Saddlebag Inner Lid Storage SBIC 59.00 $ 118.00 $
Additional Accessories From Other Suppliers - Page 4

Approve the purchase from Long Beach BMW Motorcycles in the amount of $1... Page 995 of 1610 City of Indio
City Council
September 21, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Reconsideration of the circumstances of the COVID-19 state of emergency and determine that the legislative bodies of the City of Indio will continue to hold meetings via teleconferencing pursuant to the findings set forth in Government Code Section 54953(e)(3).

RECOMMENDATION:

The City Council has (i) reconsidered the circumstances of the COVID-19 state of emergency; and (2) finds that the state of emergency continues to directly impact the ability of the members of the City’s legislative bodies to meet safety in person and Cal OSHA continues to recommend measures to promote social distancing.

SUMMARY:

To continue to have the ability to meet remotely pursuant Government Code Section 54953(e) (AB 361), the City Council must make certain finings no later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. The City Council reconsiders the findings it previously made and then makes a determination of whether the State’s COVID-19 declared state of emergency continues to impact the ability of all of the members of the City’s legislative bodies from meeting safely in person and as a result of the state of emergency, meeting in person presents imminent risks to the health and safety of attendees. Accordingly, the City Council has previously held that the City's legislative bodies may continue to use virtual teleconferenced meetings in compliance with Government Code Section 54953(e).

BACKGROUND INFORMATION:

The City Council and its legislative bodies have met remotely throughout the pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect and the City Council has previously reconsidered the findings and determined that the state of emergency continues to directly impact the ability of members of the City's legislative bodies to meet safely in person.

Since the beginning of the year, there have been several COVID-19 variants, including the Delta variant, the Omicron variant (which was prevalent in the beginning of the year), and the subvariant BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron. With the start of the summer, the number of coronavirus cases has significantly increased. In addition, there are two new Omicron strains (BA.4 and BA.5) that have become dominant.

AGENDA ITEM #9.17
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 996 of 1610 During the month of July in Riverside County, COVID-19 cases and hospitalizations continued to increase along with many other counties in Southern California. For example, between July 8th and July 11th, Riverside County added 4,238 new cases. Between July 13 and July 20th, there were 814 cases reported. Towards the end of July, the case number decreased to 746 cases for the reporting period ending July 27th. While COVID-19 cases continue to remain high, the numbers are decreasing.

In the City of Indio, for the reporting period ending July 27th, Indio had an increase of 181 cases, 1 additional death and 320 recoveries.

Notwithstanding the lifting of the universal mask mandate, Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and states that the fact that particles containing the virus can travel more than six feet, especially indoors, training and instruction should be given to employees in that regard as well as inform that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID-19 and are most effective when used in combination.

Accordingly, it remains prudent that we monitor and continue the flexibility of a hybrid format will allow the continuation of the City’s business so that Council or Commission meetings would not have to be cancelled should members have health concerns or are sick and would provide the flexibility to each member of a legislative body to determine for themselves based on their own health matters whether attending a meeting will be risk to their health and safety or to those attending the meeting.

Even if the City Council continues to make the findings as required, the City Council and each of the City’s commissions can continue to meet in person and the chambers can continue to stay open. This determination does not require that meetings only be held remotely. This determination, however, would allow the City to make adjustments if needed (temporarily closing the chambers to the public) should COVID-19 continue to rapidly rise or the new variants threaten the health and safety of the public including staff and members of the City’s legislative bodies.

In conclusion, by reconsidering the circumstances of the state of emergency created by the COVID19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person, the public meetings of the City of Indio can continue to be conducted by Zoom for the next 30 days.

Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 997 of 1610 City of Indio
City Council
September 21, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in certain areas of the City and finding that Re-Introduced Ordinance No. 1779 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
RECOMMENDATION:

Waive full reading of Re-Introduced Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in certain area of the City, introduce the re-introduced ordinance by title only and request the City Clerk to read the title.

SUMMARY:

Re-Introduction of Ordinance No. 1779 to meet state and city publication requirements.

BACKGROUND INFORMATION:

California Governmental Code Section 36993 specifies that within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at least three public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city.

Subsection 10.15 of the Indio Municipal Code specifies that all ordinances passed by the City Council requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided.

The City Council previously adopted Ordinance No. 1779 with the first reading conducted on May 18, 2022 and the second reading on June 1, 2022. Recently, the City Clerk Administrator determined that the second reading of the ordinance was not published in accordance with state and city regulations.

Therefore, upon the advice of the City Attorney, Ordinance No. 1779 will be re-introduced for first reading on September 21, 2022 and will be re-introduced for second reading on October 5, 2022.

There are no changes to the text and substance of Ordinance No. 1779 with this requested reintroduction action.

AGENDA ITEM #10.1
Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 998 of 1610 ATTACHMENTS:

Attachment1_ReIntroduced_Ordinance No. 1779 - Zoning Regulation (Cannabis) Attachment2_StaffReport_OrdinanceNo1779
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 13 Sep 2022 City Attorney, City Attorney Approved - 13 Sep 2022
Bryan H. Montgomery, City Manager Approved - 13 Sep 2022

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 999 of 1610 1 RE-INTRODUCED
ORDINANCE NO. 1779
AN ORDINANCE OF THE CITY OF INDIO AMENDING CHAPTER 159
(ZONING REGULATIONS) OF THE INDIO MUNICIPAL CODE TO
ALLOW CANNABIS STOREFRONT RETAILER AND CANNABIS NONSTOREFRONT RETAILER BUSINESSES IN COMMERCIAL LAND USE

DISTRICTS EXCEPT FOR THE NEIGHBORHOOD COMMERCIAL ZONE,

MIXED USE LAND USE DISTRICTS AND ON PROPERTIES

REGULATED BY A SPECIFIC PLAN OR PROJECT MASTER PLAN

THAT PERMIT COMMERCIAL LAND USES EXCLUDING ANY
PROPERTIES DESIGNATED AS NEIGHBORHOOD COMMERCIAL;

AMENDING THE SUBCHAPTER ENTITLED CANNABIS ACTIVITY
(159.565 ET. SEQ.); AND MAKING A DETERMINATION THAT THE

ORDINANCE IS EXEMPT FROM REVIEW UNDER CEQA PURSUANT
TO CEQA GUIDELINES SECTION 15061(8)(3)

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

Section 1. Findings. Pursuant to Indio Municipal Code Section 159.875, the City Council the City Council hereby determines and makes the following finding: the proposed change to the zoning code set forth in this Ordinance is consistent with the objectives of Title XV (Land Usage) of the Indio Municipal Code. In addition, the proposed zoning code amendment is consistent with the City of Indio 2040 General Plan Land Use Element Policy LU-2.2 (Balanced Land Uses), Economic Development Policy ED-6.1 (New Retailers) and Economic Development Policy ED-6.2 (Retail Development).

Section 2. Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended by amending the title of the subchapter currently entitled "Cannabis Activity" and renaming said subchapter as "Commercial Cannabis." Section 3. Section 159.565 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:
"§ 159.565. Permitted Commercial Cannabis Uses.

A. Definitions. The technical terms and phrases used in Sections 159.565 and 159.566 are defined in Section 123.06 of Chapter 123 (Cannabis Business Activities) of Title XI (Business Regulations) of the Indio Municipal Code.

B. Uses Permitted. Cannabis Storefront Retailer and Cannabis NonStorefront Retailer businesses are permitted land uses in the following land use districts subject to the location requirements set forth herein:

1. All commercial land use districts except on properties zoned Neighborhood Commercial.

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1000 of 1610 2 2. All Mixed-Use land use districts.

3. On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan.

All other commercial cannabis activities are expressly prohibited.

C. Location Requirement. A Cannabis Storefront Retailer and Cannabis NonStorefront Retailer shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use pursuant to Indio Municipal Code Section 123.32(8)(2) or 250 feet from any church located in a residential zone, that is in existence at the time the Cannabis Business Permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.

D. Regulatory Permit Required. In order to operate in the areas set forth in paragraph B, a Cannabis Storefront Retailer and a Cannabis Non-Storefront Retailer must obtain and maintain at all times the following permits and licenses: a valid Cannabis Business Permit as required by Chapter 123 of the Indio Municipal Code; a valid business license from the City; and a valid State of California Seller's Permit." Section 4. Section 159.566 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:
"§ 159.566. Personal Indoor Cultivation.

A. Notwithstanding Section 159.565, engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclosed and secure structure, to the extent such cultivation is authorized by Cal. Health and Safety Code, §§ 11362.1 and 11362.2, as the same may be amended from time to time, is hereby permitted. The outdoor cultivation, however, of six or fewer live cannabis plants upon the grounds of a private residence is prohibited." B. For purposes of this Section 159.566, the following definitions shall apply:
"Cultivation" shall mean any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
"Fully enclosed and secure structure" shall mean a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1001 of 1610 3 "Indoor" shall mean within a fully enclosed and secure structure. "Outdoor" shall mean any location that is not within a fully enclosed and secure structure."
"Private residence" shall mean a house, an apartment unit, a condominium unit, a mobile home or other similar dwelling that is lawfully used as a residence." Section 5. Section 159.567 and Section 159.568 are hereby repealed in their entirety.

Section 6. The City Council, through an exercise of its independent judgement, finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Adoption of this Ordinance is covered by the commonsense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Here, the Ordinance allows cannabis retailers as a permitted uses in commercial areas of the City including mixed use zones and in area regulated by a specific plan or project master plan that authorizes commercial land uses. These areas already allows for uses akin to cannabis retailers such as general retail outlets and drug stores and the like.

Accordingly, the City Council directs City staff to file a Notice of Exemption.

Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 8. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1002 of 1610 4 PASSED, APPROVED AND ADOPTED this 21
st day of September, 2022.

WAYMOND FERMON
MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1003 of 1610 City of Indio
City Council
May 18, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in certain areas of the City and finding that Ordinance No. 1779 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
RECOMMENDATION:

Waive full reading of Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in certain area of the City, introduce the ordinance by title only and request the City Clerk to read the title.

SUMMARY:

Beginning in late 2020 and continuing to present, the City Council has conducted public discussions on the potential allowance of cannabis activities in the City inclusive of a joint study session with the Planning Commission on March 2, 2022. At the conclusion of its discussion on March 2, 2022, the City Council directed staff to prepare regulations related to the conduct of Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses including zoning regulations; for its future review and consideration. The Planning Commission conducted a duly noticed public hearing on April 27, 2022 for the proposed zoning text amendment. There was no written or oral testimony submitted during the public hearing. Following the close of the public hearing, the Planning Commission deliberated and voted 4-0 to recommend to the City Council the approval of the zoning text amendment. A notice of public hearing for the zoning text amendment before the City Council on May 18, 2022 was published in the Desert Sun, a newspaper of general circulation, on May 6, 2022 exceeding the minimum 10-day public notice period. This notice consisted of an 1/8 of a page display ad for conformity to California Government Code Section 65091.

BACKGROUND INFORMATION:

The Federal Government has issued guidelines for states and local governments that have enacted laws authorizing cannabis-related conduct, requiring them to implement strong and effective regulatory and enforcement systems that will address the threat that medical and adult-use cannabis activity could pose to public safety, public health, and other law enforcement interests.

On June 17, 2017, the Medical and Adult Use-Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control and taxation of medical and adult-use cannabis-related businesses in California.

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1004 of 1610 On December 16, 2017, the Indio City Council adopted Ordinance No. 1726 establishing Subsections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City.

Beginning in late 2020 and continuing to present, the City Council had conducted public discussions on the potential allowance of cannabis activities in the City inclusive a joint study session with the Planning Commission on March 2, 2022. At the conclusion of the March 2 meeting, the City Council directed staff to prepare regulations related to the conduct of Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in the City. Non-Storefront Retailer businesses are those cannabis businesses that engage in "delivery" only and do not open up their business to the public.

Zoning is a planning control tool used to regulate the physical development of land. Zoning promotes desirable development patterns and protects the public peace, health, safety and general welfare by preventing incompatible uses. Accordingly, amendments to the City's zoning regulations are initially considered by the Planning Commission, which makes a recommendation to the City Council. The City Council, in turn, reviews the Commission's recommendation and makes a final decision on the formal adoption of the amendment.

The proposed ordinance permits a cannabis storefront retailer and a cannabis non-storefront retailer business as a use that is permitted by right in certain land use areas of the City. Specifically, these uses will be permitted in all commercial land use districts except on properties that are zoned Neighborhood Commercial; in all mixed-use land use districts; and on properties that are within a Specific Plan or Project Master Plan that permit commercial land uses with the exception of properties designated as Neighborhood Commercial. Any other type of commercial cannabis activity is prohibited.

In addition to the areas where cannabis retailers will be permitted to operate, the proposed ordinance requires that the business obtain a regulatory or business permit from the City as well as a City business license and a State of California seller's permit. The City will be adopting the regulatory ordinance separately from this zoning code amendment.

Under State law, personal indoor cultivation is permitted as a matter of right. The provisions in the proposed ordinance related to personal indoor cultivation is a carry-over from the City's current provisions on this topic.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE
The Community Development Director has determined the amendment to Chapter 159 (Zoning Regulations) of Title XV (Land Usage) is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Adoption of this Ordinance is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance allows cannabis retailers as a permitted uses in commercial areas of the City including mixed use zones and in area regulated by a specific plan or project master plan that authorizes commercial land uses. These areas already allows for uses akin to cannabis retailers such as general retail outlets and drug stores and the like.

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1005 of 1610

GENERAL PLAN AND ZONING COMPLIANCE
Findings and Conclusions:

The following are the Findings and Conclusions pertaining to the zoning text amendment:

GENERAL PLAN:

The City Council adopted the General Plan 2040 on September 18, 2019. The following are General Plan policies relevant and applicable to the proposed zoning text amendment:

The proposed zoning text amendment is consistent with Policy LU-2.2 (Balanced land uses) that reads “Maintain a balanced land use pattern to support a broad range of housing choices, retail businesses, employment opportunities, educational and cultural institutions, entertainment spaces, and other supportive uses and within long-established Indio neighborhoods and new growth areas.” The proposed zoning text amendment will expand the City’s retail base by permitting retail land uses that are not currently allowed to operate within the City limits. Further, the allowance of these businesses will create additional employment opportunities in a retail sector that is not currently operating in the City.

The proposed zoning text amendment is consistent with Policy ED-6.1 (New retailers) that reads:
“Where appropriate, support the entry of new retail uses into the City, including uses that will attract spending from visitors and residents of neighboring communities in the Coachella Valley.” The proposed zoning text amendment will expand the City’s retail base by permitting retail land uses that are not currently allowed to operate within the City limits. Cannabis storefront retail activities will attract visitors and residents from surrounding communities to purchase cannabis within the City that will result in expanded business activities in the City and increased sales tax revenue directly to the City to support the City’s role as a full-service community.

The proposed zoning text amendment is consistent with Policy ED-6.2 (Retail development) that reads: “Support retail development that meets the community needs of Indio’s residents in appropriate locations in order to prevent the leakage of local expenditures to neighboring communities”. The proposed zoning text amendment will authorize new retail uses in the City that are not currently allowed based on the adoption of Ordinance No. 1726 in 2017. Subsequent to this adoption, surrounding communities such as Cathedral City, Coachella, Palm Desert and Palm Springs have adopted regulations that authorize cannabis storefront activities. This has caused leakage in local expenditures as residents and visitors to the City of Indio are spending money in these communities rather than in the City.

ATTACHMENTS:

AttachmentA_OrdinanceNo1779_CannabisZoningTextAmendment APPROVAL(S):

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1006 of 1610 Kevin H. Snyder, Dir. Of Community Development Approved - 06 May 2022 Roxanne Diaz, City Attorney Approved - 11 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 May 2022 Bryan H. Montgomery, City Manager Approved - 12 May 2022

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1007 of 1610 12183-0001\2654798v1.doc
ORDINANCE NO. 1779
AN ORDINANCE OF THE CITY OF INDIO AMENDING CHAPTER 159
(ZONING REGULATIONS) OF THE INDIO MUNICIPAL CODE TO ALLOW CANNABIS STOREFRONT RETAILER AND CANNABIS NONSTOREFRONT RETAILER BUSINESSES IN COMMERCIAL LAND USE

DISTRICTS EXCEPT FOR THE NEIGHBORHOOD COMMERCIAL ZONE,

MIXED USE LAND USE DISTRICTS AND ON PROPERTIES REGULATED

BY A SPECIFIC PLAN OR PROJECT MASTER PLAN THAT PERMIT

COMMERCIAL LAND USES EXCLUDING ANY PROPERTIES
DESIGNATED AS NEIGHBORHOOD COMMERCIAL; AMENDING THE
SUBCHAPTER ENTITLED CANNABIS ACTIVITY (159.565 ET. SEQ.);

AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT

FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3)

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

Section 1. Findings. Pursuant to Indio Municipal Code Section 159.875, the City Council the City Council hereby determines and makes the following finding: the proposed change to the zoning code set forth in this Ordinance is consistent with the objectives of Title XV (Land Usage) of the Indio Municipal Code. In addition, the proposed zoning code amendment is consistent with the City of Indio 2040 General Plan Land Use Element Policy LU-2.2 (Balanced Land Uses), Economic Development Policy ED-6.1 (New Retailers) and Economic Development Policy ED-6.2 (Retail Development).

Section 2. Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended by amending the title of the subchapter currently entitled “Cannabis Activity” and renaming said subchapter as “Commercial Cannabis.”
Section 3. Section 159.565 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:
Ҥ 159.565. Permitted Commercial Cannabis Uses.

A. Definitions. The technical terms and phrases used in Sections 159.565 and 159.566 are defined in Section 123.06 of Chapter 123 (Cannabis Business Activities) of Title XI (Business Regulations) of the Indio Municipal Code.

B. Uses Permitted. Cannabis Storefront Retailer and Cannabis NonStorefront Retailer businesses are permitted land uses in the following land use districts subject to the location requirements set forth herein:

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1008 of 1610 -2-

1. All commercial land use districts except on properties zoned Neighborhood Commercial.

2. All Mixed-Use land use districts.

3. On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan.

All other commercial cannabis activities are expressly prohibited.

C. Location Requirement. A Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use pursuant to Indio Municipal Code Section 123.32(B)(2), that is in existence at the time the Cannabis Business Permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.

D. Regulatory Permit Required. In order to operate in the areas set forth in paragraph B, a Cannabis Storefront Retailer and a Cannabis Non-Storefront Retailer must obtain and maintain at all times the following permits and licenses: a valid Cannabis Business Permit as required by Chapter 123 of the Indio Municipal Code; a valid business license from the City; and a valid State of California Seller’s Permit.” Section 4. Section 159.566 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:
Ҥ 159.566. Personal Indoor Cultivation.

A. Notwithstanding Section 159.565, engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclosed and secure structure, to the extent such cultivation is authorized by Cal. Health and Safety Code, §§ 11362.1 and 11362.2, as the same may be amended from time to time, is hereby permitted. The outdoor cultivation, however, of six or fewer live cannabis plants upon the grounds of a private residence is prohibited.” B. For purposes of this Section 159.566, the following definitions shall apply:
“Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
“Fully enclosed and secure structure” shall mean a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1009 of 1610 -3-
unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. “Indoor” shall mean within a fully enclosed and secure structure. “Outdoor” shall mean any location that is not within a fully enclosed and secure structure.”
“Private residence” shall mean a house, an apartment unit, a condominium unit, a mobile home or other similar dwelling that is lawfully used as a residence.” Section 5. Section 159.567 and Section 159.568 are hereby repealed in their entirety.

Section 6. The City Council, through an exercise of its independent judgement, finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Adoption of this Ordinance is covered by the commonsense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance allows cannabis retailers as a permitted uses in commercial areas of the City including mixed use zones and in area regulated by a specific plan or project master plan that authorizes commercial land uses. These areas already allows for uses akin to cannabis retailers such as general retail outlets and drug stores and the like. Accordingly, the City Council directs City staff to file a Notice of Exemption.

Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 8. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1010 of 1610 -4-
PASSED, APPROVED, and ADOPTED this 18th day of May 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________

WAYMOND FERMON, MAYOR
ATTEST:
__________________________

CYNTHIA HERNANDEZ

CITY CLERK
APPROVED AS TO FORM:
__________________________

ROXANNE DIAZ

CITY ATTORNEY

Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regul... Page 1011 of 1610 City of Indio
City Council
September 21, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title XI of the Indio Municipal to regulate and permit commercial cannabis activities in the City; and making a determination that the Re-Introduced Ordinance is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines 15060(c)(3)
RECOMMENDATION:

Waive full reading of Re-Introduced Ordinance No. 1780 adding a new Chapter 123 to Title XI of the Indio Municipal Code to regulate and permit commercial cannabis activities in the City, introduce the re-introduced ordinance by title only and request the City Clerk to read the title.

SUMMARY:

Re-Introduction of Ordinance No. 1780 to meet state and city publication requirements.

BACKGROUND INFORMATION:

California Governmental Code Section 36993 specifies that within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at least three public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city.

Subsection 10.15 of the Indio Municipal Code specifies that all ordinances passed by the City Council requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided.

The City Council previously adopted Ordinance No. 1780 with the first reading conducted on May 18, 2022 and the second reading on June 1, 2022. Recently, the City Clerk Administrator determined that the second reading of the ordinance was not published in accordance with state and city regulations.

Therefore, upon the advice of the City Attorney, Ordinance No. 1780 will be re-introduced for first reading on September 21, 2022 and will be re-introduced for second reading on October 5, 2022.

There are no changes to the text and substance of Ordinance No. 1780 with this requested reintroduction action.

ATTACHMENTS:

Attachment 1_ReIntroduced Ordinance No. 1780 - Regulatory Cannabis Ordinance AGENDA ITEM #10.2
Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1012 of 1610 Attachment 2_Staff Report 05-18-22_Ordinance No.1780
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 13 Sep 2022 City Attorney, City Attorney Approved - 13 Sep 2022
Bryan H. Montgomery, City Manager Approved - 13 Sep 2022

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1013 of 1610 1 RE-INTRODUCED ORDINANCE NO. 1780

AN ORDINANCE OF THE CITY OF INDIO ADDING A NEW CHAPTER
123 ENTITLED CANNABIS BUSINESS ACTIVITIES TO TITLE XI,

BUSINESS REGULATIONS, OF THE INDIO MUNICIPALCODE TO

REGULATE COMMERCIAL CANNABIS USES IN THE CITY
THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 123 (Cannabis Activities) of Title XI (Business Regulations) ofthe Indio Municipal Code is hereby repealed in its entirety.

SECTION 2. A new Chapter 123 entitled "Cannabis Business Activities" is hereby added to Title XI (Business Regulations) of the Indio Municipal Code to read as follows:
"CHAPTER 123

CANNABIS BUSINESS ACTIVITIES
123.01
123.02
123.03
123.04
123.05
123.06
123.07
123.08
123.09
123.10
123.11
123.12
123.13
123.14
123.15
123.16
123.17
123.18
123.19
123.20
Title
Purpose and IntentLegal
Authority
Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter
Compliance with State and Local Laws and RegulationsDefinitions Cannabis Business Permit Required to Engage in CannabisBusiness Activity
Cannabis Owners Criminal Background
Persons Prohibited from Holding a Permit
Maximum Number and Type of Authorized Cannabis
Businesses Permitted
Community Benefits
City's Reservation of Rights
Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Permit Applications
Exercise of a Cannabis Business Permit
Abandonment of Permit
Reapplying for a Cannabis Business Permit
Term of a Cannabis Business Permit Renewal
of Cannabis Business Permits
Suspension, Revocation, or Modification of PermitsEffect of State License Suspension

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1014 of 1610 2 123.21
123.22
123.23
123.24
123.25
123.26
123.27
123.28
123.29
123.30
123.31
123.32
123.33
123.34
123.35
123.36
123.37
123.38
123.39
123.40
123.41
123.42
123.43
123.44
123.45
123.46
123.47
123.48
123.49
123.01 Title.

Effect of State License Revocation or Termination
Appeals
Appeals and Contents of Appeal
Appointment of Hearing Officer or Body
Appeal Hearing Process and Proceedings
Change in location; Updated Application Form
Transfer of Cannabis Business Permit
City Business License
Building Permits and Inspection
Authorization from the Community Development Director
Right to Occupy and to Use Property
Location and Design of Cannabis Businesses
Limitations on City's Liability
Records and Recordkeeping
Security Measures
Fees and Charges
General Operating Requirements
Operating Requirements for Store Front Retail Facilities Operating Requirements for Non-Store Front Retail (DeliveryOnly) Facilities.

Store Front and Non-Store Front Retail Delivery Requirements.

Operating Requirements for Out-of-City Delivery Services Permissible Delivery Locations and Customers
Promulgation of Regulations, Standards and Other Legal Duties Community Relations
Fees Deemed Debt to the City
Permit Holder Responsible for Violations
Inspection and Enforcement
Violations Declared a Public Nuisance
No Vested Rights
This Chapter shall be known as the Cannabis Activities Ordinance of the City of Indio. 123.02 Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the City's residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this Chapter to regulate the commercial sale and delivery of cannabis and cannabis products in a responsible

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1015 of 1610 3 manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law.
123.03 Legal Authority.

This Chapter is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, Title 4, Division 19 of the California Code of Regulations, and the provisions of the MAUCRSA.
123.04 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution,or transportation, of cannabis or cannabis products is expressly prohibited in the City. 123.05 Compliance with State and Local Laws and Regulations.

It is the responsibility of the owners and/or operators of any Commercial Cannabis Business within the City limits to ensure that they operate in a manner compliant with thisChapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.
123.06 Definitions.
(A) "Applicant" means a person or entity that submits an application for a Cannabis Business Permit under this Chapter.
(8) "Cannabis" shall have the same meaning as that appearing in Business and Professions Code Section 26001(e).
(C) "Cannabis Products" shall have the same meaning as that appearing in Businessand Professions Code Section 26001(h).
(D) "City" shall mean the City of Indio, California.
(E) "City Manager" shall mean the City of Indio City Manager or his or her designee. (F) "Commercial Cannabis Business" or "Cannabis Business" means any business or operation which engages in medicinal or adult-use commercial cannabis activity authorized by this Chapter.
(G) "Cannabis Business Permit" means a regulatory permit issued by the City pursuant to this Chapter, to a Commercial Cannabis Business and is required before any commercial cannabis activity may be conducted in the City. The initial permit and annual renewal of a permit is made expressly contingent upon the business'

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1016 of 1610 4 ongoing compliance with all of the requirements of this Chapter and any regulations adopted by the City governing the commercial cannabis activity at issue. (H) "Cannabis Business Permittee" or "Permittee" means a person or entity that has received a Cannabis Business Permit from the City as authorized under this Chapter (I) Delivery shall have the same meaning as that appearing in Business and Professions Code Section 26001(o).
(J) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a retailer.
(K) "Limited-access area" means an area in which cannabis is stored or held and is only accessible to a permittee and authorized personnel.
(L) "Medicinal cannabis" or "Medicinal cannabis product" shall have the same meaning as that appearing in Business and Professions Code Section 26001(ai). (M) "Non-Storefront retailer'' is a subset of "Retailer" and is a permitted retail businessthat is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls.
(N) "Owner" means any of the following:
(1) A person with an aggregate ownership interest of 10 percent or more in the Commercial Cannabis Business, unless the interest is solely a security, lien or encumbrance.
(2) An individual who manages, directs, or controls the operations of the Commercial Cannabis Business, including but not limited to:
(a) A member of the board of directors of a nonprofit.
(b) A general partner of a Commercial Cannabis Business that is organized as a partnership.
(c) A non-member manager or manager of a Commercial Cannabis Business that is organized as a limited liability company.
(d) The trustee(s) and all persons who have control of the trust and/or the Commercial Cannabis Business that is held in trust.
(e) An individual with the authority to provide strategic direction and oversight for the overall operations of the Commercial Cannabis Business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent. (f) An individual with the authority to execute contracts on behalf of the

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1017 of 1610 5 Commercial Cannabis Business.
(g) When an entity is an owner in a Commercial Cannabis Business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the Commercial Cannabis Business. For example, this includes all entities in a multilayer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
(0) "Package" means any container or receptacle used for holding cannabis or cannabis products.
(P) "Person" shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. (Q) "Physician's recommendation" shall have the same meaning as that appearing in Business and Professions Code Section 26001(ap).
(R) "Premises" all have the same meaning as that appearing in Business and Professions Code Section 26001(aq).
(S) "Retailer" or "Storefront Retailer" shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code. (T) "State license" means a permit or license issued by the State of California, or one of its departments or divisions, under the MAUCRSA and any subsequent related State of California legislation, to engage in cannabis activity. A state license alone will not authorize the holder to operate a Cannabis Business, as state law also requires a license or other authorization issued by a local jurisdiction. (U) "Youth center" means any:
(1) Public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
(a) Private youth membership organizations or clubs,
(b) Social service teenage club facilities,
(c) Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or
(d) Similar amusement park facilities, and
(e) Must be used for youth activities at least 60 percent of the time in a

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1018 of 1610 6 calendar year.
(2) It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county, or state parks.
(3) This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.
123.07 Cannabis Business Permit Required to Engage in Cannabis Business Activity.

No person may engage in any Cannabis Business within the City, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabisor a cannabis product, unless the person meets all of the following requirements:
(A) Possess a valid Cannabis Business Permit from the City; (B) Possess a valid business license from the City;
(C) Possess a valid State of California Seller's Permit; and (D) Is currently in compliance with all applicable state and local laws and regulations pertaining to the Cannabis Business and the cannabis activities, including the duty to obtain any required state licenses.
123.08 Cannabis Owners Criminal Background.
(A) Any person who is an owner of a Cannabis Business must be legally authorizedto do so under applicable state law.
(B) Cannabis Business owners shall be required to submit to a criminal background check for themselves. Business owners shall be required to complete a criminal background check prior to issuance or transfer of a Cannabis Business Permit. (C) The City shall conduct criminal background checks which must, at a minimum, identify the following:
(1) Whether the owner has ever been convicted of a violent felony as definedby California Penal Code 667.5 or equivalent offense in other states;

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1019 of 1610 7 (2) Whether the owner has ever been convicted of a serious felony, as definedby California Penal Code 1192.7 or equivalent offense in other states; (3) Whether the owner as ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
(4) Whether the owner has ever been convicted of a felony for drug traffickingwith enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code; or
(5) Whether the owner has ever been convicted of a felony involving fraud, deceit, or embezzlement.
(D) Evidence of a conviction of any the offenses enumerated in Section 123.0B(c) of this Code shall be grounds for denial or revocation of a Cannabis Business Permit. 123.09 Persons Prohibited from Holding a Permit.
(A) A person is prohibited from holding or maintaining a Cannabis Business Permit if any of the following apply:
(1) The applicant has been denied a cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority; (2) The applicant was notified by the state, county, or city that it was conducting cannabis activity in violation of State law or City ordinances, codes, and requirements, and failed to cure the violation in a timely manner; (3) Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;
123.10 Maximum Number and Type of Authorized Cannabis Businesses Permitted.

This section is intended to create a maximum number and types of Cannabis Businessesthat may be issued permits to operate in the City.
(A) The following cannabis license types are authorized to operate in the City of Indio. (1) Cannabis Storefront Retailer.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1020 of 1610 8 (2) Cannabis Non-Storefront Retailer.
(B) Cannabis license types not identified in Section 123.10 (A) are prohibited from obtaining a Cannabis Business Permit in the City of Indio. (C) The number of each type of Cannabis Business that shall be permitted to operatein the City shall be established by resolution by the City Council. (D) Notwithstanding Section 123.10 (C), the total number of allowable Cannabis Storefront Retail permits established by City Council resolution shall be no more than one (1) permit for every fifteen thousand (15,000) residents inthe City of Indio, and no less than one (1) permit for every twenty-five thousand (25,000) residents in the City of Indio.

The population of the City of Indio shall be based on the official census population estimate, as periodically updated by the US Department of Commerce, Census Bureau.
(E) Each year following the City's initial award of permits, if any, or at any time in the City Council's discretion, the City Council may reassess the number of Cannabis Business Permits which are authorized for issuance and make any changes by resolution. (F) The City Council, at its sole discretion, may determine that the number and/or types of Cannabis Business Permits should remain the same or be modified. 123.11 Community Benefits.
(A) The application Procedure Guidelines and Review Criteria, set forth in Section 123.13 of this Chapter, shall include a component on community benefits. (B) Any community benefits that a Cannabis Business agrees to provide shall be incorporated into the terms and conditions under which the Cannabis Business will operate with the City's approval, if and when a Cannabis Business Permit is issued.

Such terms and conditions shall be in addition to the requirements of thisChapter. 123.12 City's Reservation of Rights.

The City reserves the right to reject any or all applications for a Cannabis Business Permit. Prior to permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the Cannabis Business Permit program, or any particular category of permit potentially authorized under this Chapter, may be cancelledat any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1021 of 1610 9 a failure to comply with other requirements in this Chapter, an application may be rejectedfor any of the following reasons:
(A) The application was received after the designated time and date of the deadline. (B) The application did not contain the required elements, exhibits, or was not organized in the required format.
(C) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete.
123.13 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Permit Applications.
(A) By resolution, the City Council shall adopt Procedure Guidelines and Review Criteria for the City's evaluation of Cannabis Business permit applications and subsequent issuance.
(B) The Procedure Guidelines shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications.
(C) The Review Criteria shall include detailed instructions on the methodology to be used to evaluate applications on a point, or other evaluation system, tied to particular sets of criteria.
(D) The Review Criteria shall be used to determine which candidates will be eligible to proceed to the final selection process as determined by City Council resolution. (E) The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the Procedure Guidelines and Review Criteria. (F) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process.
(G) For applicants with ten or more employees, the applicant shall attest that the applicant will enter into a labor peace agreement as defined in Business and Professions Code Section 26001(y) and will abide by the terms of the agreement,and the applicant shall provide a copy thereof to the City. For applicants that havenot yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating that within 30-days of cannabis permit from the City, the applicant will enter into and abide by the labor peace agreement.
123.14 Exercise of a Cannabis Business Permit.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1022 of 1610 10 (A) A Cannabis Business Permit shall be exercised within twelve (12) months of the final selection process, as defined by the Procedure Guideline and Review Criteria. A Cannabis Business Permit shall be considered exercised shall be when any of the following occur:
(1) A Certificate of Occupancy has been issued,
(2) The permitted use(s) has commenced on the site, and (3) A City Building Permit or Grading Permit is secured, and construction lawfully commenced.
(B) Failure to exercise a Cannabis Business Permit within the timeframe established in Section 123.14 (A) shall result in denial of the application. (C) The City Manager, in his/her sole discretion, may extend the timeframe established in Section 123.14 (A), if he/she determines that the applicant has made a good faith effort to exercise the Cannabis Business Permit within the defined timeframe. 123.15 Abandonment of Permit.

If the Cannabis Business has not been in regular and continuous operation in the preceding four (4) months at the permitted location, the Cannabis Business Permit shall be considered abandoned, unless mitigating circumstance occur which was beyond the control of the permittee and an extension has been authorized by the City Manager. 123.16 Reapplying for a Cannabis Business Permit.

If an applicant is denied a permit due to a disqualifying factors including, but not limited to, failing a background check or not complying with any state, or local jurisdictions regulatory requirements in which legal or administrative action has been taken, a new application may not be filed by the applicant for one (1) year from the date of the denial. This section shall not apply to an approved applicant not awarded a permit resulting fromthe City not selecting them for one of the permits in the application process.
123.17 Term of a Cannabis Business Permit.

All permits issued under the provisions of this chapter shall be effective for a period not to exceed one (1) year from the date of issuance. The City Manager may renew a permitthrough the procedures identified in Section 123.18 of this Code. 123.18 Renewal of Cannabis Business Permits.
(A) An application for renewal of a Cannabis Business Permit shall be filed by the Cannabis Business Permittee at least sixty (60) calendar days prior to the expiration date of the current permit.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1023 of 1610 11 (B) The renewal application shall contain all the information required for new applications.
(C) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter. (D) An application for renewal of a Cannabis Business Permit may be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration or a shorter time period which shall be at the discretion of the City Manager. (2) The Cannabis Business Permit is suspended or revoked at the time of the application.
(3) The Cannabis Business has not been in regular and continuous operation in the four (4) months prior to the renewal application or the approved extension of the deadline from the City Manager.
(4) The Cannabis Business has failed to conform to the requirements of the Cannabis Business Permit or this Chapter or any regulations adopted pursuant to this Chapter.
(5) The permittee fails or is unable to renew its State of California license. (6) If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the Cannabis Business Permit.
(7) Violation of Section 123.08 of this Code.
(E) The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Manager shall be handled pursuant to this Chapter.
(F) If a renewal application is denied, a person may file a new application pursuant to this Chapter not sooner than one (1) year from the date of the denial. 123.19 Suspension, Revocation or Modification of Permits.

Cannabis Business Permits may be suspended, revoked or modified for any violation of

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1024 of 1610 12 this Chapter, any state or local laws, rules, and/or any standards, policies, procedures, or regulations adopted pursuant to this Chapter relating to Cannabis Businesses. A decision of the City to suspend, revoke or modify a Cannabis Permit is appealable as set forth in this Chapter.
123.20 Effect of State License Suspension.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the Cannabis Business Permit of the Cannabis Business. If the State of California or its respective department or division reinstates or reissues the State license, the Cannabis Business may seek reinstatement of its Cannabis Business Permit if the business can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency hasotherwise been cured. Any Cannabis Business Permittee shall inform the City of any suspension of a state license. 123.21 Effect of State License Revocation or Termination.

Revocation or termination of a license issued by the State of California, or by any of its departments or divisions, shall immediately revoke or terminate the Cannabis Business Permit of the Cannabis Business. Any Cannabis Business Permittee shall inform the City of any revocation or termination of a state license.
123.22 Appeals.

Appeals relating to denial of an application; to revoke, suspend or modify a permit; to deny renewal of an application for a permit; or to add conditions to a permit shall be conducted as prescribed in this Chapter.
123.23 Appeals and Contents of Appeal
(A) Within ten (10) calendar days after service of the notice of the decision of the Cityto deny advancement to the final selection process; to revoke, suspend or modifya permit; to deny a renewed application for a permit; or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For appeals of a denial of an application prior to the final decision process, reasons shall be stated with specificity and shall address the issues outlined in Section 123.24 (A). Date of service shall mean the date when a notice or written decision was personally delivered to the applicant or permittee or the date when the noticewas caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal. (B) The Notice of Appeal shall be in writing and signed by the person making the

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1025 of 1610 13 appeal ("Appellant"), or their legal representative, and shall contain the following:
(1) Name, address, and telephone number of the appellant. (2) Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
(3) Include a true and correct copy of the notice issued by the City Manager for which the appellant is appealing.
(4) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearingofficer, to understand the nature of the controversy, the basis of the appeal, and the relief requested. (5) All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing. (6) An appeal fee as established by Resolution of the City Council. (A) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the rightto appeal the notice issued by the City Manager. In this event, the City Manager'snotice of revocation, nonrenewal, or suspension shall be final. (8) In the event a written Notice of Appeal is timely filed, the nonrenewal, suspension,or revocation shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal notserved in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.
(C) If no appeal is timely filed in the event of a decision of nonrenewal, the Cannabis Businesses Permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal.
123.24 Appointment and Scope of Hearing Officer or Body. (A) Denial of Application Prior to Final Decision Process. The City Manager, or an appointed hearing officer, as set forth by City Council Resolution, will hear appeals that address the following issues:
(1) Any deviation from the City's published Procedure Guidelines and Review Criteria that adversely affected the applicant by altering the outcome of the City's decision on the application. Examples of appealable deviations

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1026 of 1610 14 include, but are not limited to:
i. Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings and/or email to the applicant prior to the time the application was submitted;
ii. Failure on the part of the City to provide an applicant an equal opportunity to modify an application where that opportunity was provided to other applicants;
iii. Failure on the part of the City to correctly apply the Review Criteria, as established by City Council resolution, in reviewing the application;
(2) Any appeal based upon this section must be supported by a preponderance of the evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.
(B) All Other Appeals. The City Council, or an appointed hearing officer or body, as set forth by City Council Resolution, shall hear appeals relating the denial of a renewed application, revocation, suspension or modification a permit, or addition of conditions to a permit.
(C) Notwithstanding Section 123.24 (A) (1), an applicant that is eligible to participate in the final selection process, as set forth in the Procedure Guidelines and Review Criteria, but is not selected during the final selection process, shall not be eligible to appeal the outcome of the process.
123.25 Appeal Hearing Process and Proceedings.
(A) Review by City Council, City Manager, Appointed Hearing Officer or Body. (1) Appellants who file a timely written Notice of Appeal will be entitled to an administrative hearing before the City Council, City Manager, hearing officer or body, as set forth by the City Council by Resolution. (2) Upon receipt by the City Clerk of a timely-filed Notice of Appeal, the City Clerk shall forward such appeal to the hearing officer who shall schedule a hearing within thirty days (30) days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant, then the City Clerk shall schedule the appeal to be heard within forty-five (45) days or

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1027 of 1610 15 as reasonably possible.
(3) The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing ("Notice of Appeal Hearing").
(4) A request by an appellant or by the City to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The City Council, City Manager, appointed hearing officer or body may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days, unless there is a stipulation by all parties to do so. (8) At the date, time and location set forth in the Notice of Appeal Hearing, the City Council, City Manager, appointed Hearing Officer or body shall hear and considerthe testimony of the appellant(s), City staff, and/or their witnesses, as well as anydocumentary evidence properly submitted for consideration.
(C) The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery donot apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The City bears the burden of proof to establish the grounds for nonrenewal, suspension, revocation, modification of the permit, or adding conditions to the permit by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an application or denial of advancement to the final selection process established by the City Council.
(3) The issuance of the City's notice constitutes prima facie evidence of groundsfor the denial, nonrenewal, suspension or revocation.
(4) The hearing officer or body may accept and consider late evidence not submitted initially with the Notice of Appeal upon a showing by the appellantof good cause.

The hearing officer or body shall determine whether a particular fact or set of facts amount to good cause on a case-by-case basis.
(5) The appellant may bring a language interpreter to the hearing at their sole expense.
(6) The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used,

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1028 of 1610 appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(D) If the appellant, or their legal representative, fails to appear at the appeal hearing,the City Council, City Manager, appointed hearing officer or body, may cancel theappeal hearing and send a notice thereof to the appellant by certified, first class mail to the address (es) stated on the Notice of Appeal. A cancellation of a hearingdue to nonappearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City's notice of decision is final and binding.
(E) Final Decision. Following the conclusion of the hearing, the City Council, City Manager, appointed hearing officer or body shall issue a written decision within twenty (20) days which (i) determines if the action appealed from is affirmed or overturned and (ii) specifies the reasons for the decision.
(F) The written decision of the City Council, City Manager, appointed hearing officer or body shall provide that it is final and conclusive and is subject to the time limitsset forth in California Code of Civil Procedure Section 1094.6 for judicial review. (G) A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the Cannabis Business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.
123.26 Change in Location; Updated Application Form.
(A) Any time the business location specified in the regulatory permit is changed, the permittee shall submit an updated application form to the City Manager for approval prior to the change in location. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in Sections 123.18 and 123.27.
(B) Within fifteen (15) calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this Chapter, including any change in the Cannabis Business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee. 123.27 Transfer of Cannabis Business Permit.
(A) The owner of a Cannabis Business Permit shall not transfer ownership or control 16 L

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1029 of 1610 17 of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is nowthe permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of this Chapter (as though the transferee were applying for an original Cannabis Business Permit). The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee). The transferee's application will be treated as a new application, and will be evaluated according to procedures adopted by the City Manager, pursuant to Section 123.43.
(B) Cannabis Business Permits issued through the grant of a transfer by the City Manager shall be valid for a period of one year beginning on the day the City Manager approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit and pay the appropriate fee in the manner required by this Chapter.
(C) A Cannabis Business Permit shall not be transferred when the City has notified the permittee in writing that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a Cannabis Business Permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this Chapter.

Such a purported transfer shall be deemed a ground for revocation of thepermit. 123.28 City Business License.

Prior to commencing operations, a Cannabis Business shall obtain a City of Indio business license.
123.29 Building Permits and Inspection.

Prior to commencing operations, a Cannabis Business permittee shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating inthat zone.

This includes but is not limited to obtaining any required building permit(s), Fire Department approvals, Police Department approval, Code Enforcement, Planning, and County Health Department approvals, and any other applicable zoning and land use permit(s) and approvals. 123.30 Authorization from the Community Development Director.

Prior to commencing operations, a Cannabis Business must obtain authorization from the Community Development Director certifying that the business is located on a site that meets all of the requirements of Sections 123.29, 123.31 and 123.32 of this Code.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1030 of 1610 18 123.31 Right to Occupy and to Use Property.

Prior to the City 's issuance of a Cannabis Business Permit pursuant to this Chapter, anyperson intending to open and to operate a Cannabis Business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the Cannabis Business on the owner's property.
123.32 Location and Design of Cannabis Businesses.
(A) A Cannabis Business must meet land use and building standards pursuant toTitle 15 of this Code, including:
(1) Conform with the City's general plan, any applicable specific plan, masterplan, and design requirements.
(2) Comply with all applicable zoning and related development standards. (3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
(B) A Cannabis Business must meet the following rules relating to proximity tosensitive uses:
(1) Shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use under Section 123.32 (B) (2) or 250 feet from any church located in a residential zone, that is in existence at the timethe permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.
(:;,) Sensitive uses include:
(a) A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
(b) A commercial daycare center licensed by the State, County or City. (c) A Youth Center.
123.33 Limitations on City's Liability.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1031 of 1610 19 To the fullest extent permitted by law, the City of Indio shall not assume any liability whatsoever with respect to having issued a Cannabis Business Permit pursuant to this Chapter or otherwise approving the operation of any Cannabis Business. As a condition to the approval of any Cannabis Business Permit, the applicant shall be required to meetall of the following conditions prior to receiving the Cannabis Business Permit:
(A) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of Indio, and its officers, officials, employees, representatives, and agents, harmless, fromany and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the Cannabis Business Permit, the City 's decision to approve the operation of the Cannabis Business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the Cannabis Business or any of its officers, employees or agents. (B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City's Risk Manager. (C) Reimburse the City for all costs and expenses, including but not limited to legal fees and court costs, which the City may be required to pay as a result of any legalchallenge related to the City's approval of the applicant's Cannabis Business Permit or related to the City's approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder. 123.34 Records and Recordkeeping.
(A) Each owner and operator of a Cannabis Business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities for a period not less than seven (7) years.

On no less than an annual basis (at or before the time of the renewal of a Cannabis Business Permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each Cannabis Business shall file a sworn statement detailing the number and amount of sales by the Cannabis Business during the previous twelvemonth period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and/or fees paid or due to bepaid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business's operations conducted by an independent certifiedpublic accountant. Each permittee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1032 of 1610 20 (B) Each owner and operator of a Cannabis Business shall maintain a current registerof the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the Cannabis Business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the Cannabis Business. The register required by this paragraph shall be provided to the City Manager upon request. (C) All Cannabis Businesses shall maintain an inventory control and reporting systemthat accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA. 123.35 Security Measures.
(A) A Cannabis Business permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the Cannabis Business. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all of the following:
(1} Perimeter fencing and exterior lighting systems (including motion sensors) for afterhours security as approved by the Chief of Police and/or the Community Development Director were applicable.
(1) Preventing individuals from remaining on the premises of the Cannabis Business if they are not engaging in an activity directly related to the permitted operations of the Cannabis Business. In cases in which the individual will notvoluntarily leave the premises, the cannabis employee shall contact the Police Department. (2) Establishing limited access areas accessible only to authorized Cannabis Business personnel.
(3) Installing 24-hour security surveillance cameras of at least high-definition (HD} quality to monitor all entrances and exits to and from the premises, all interior spaces within the Cannabis Business which are open and accessibleto the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces wherediversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The Cannabis Business shall be responsible for ensuring that the security

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1033 of 1610 21 surveillance camera's footage is remotely accessible by the City Manager, and that it is compatible with the City's software and hardware. In addition, if required, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police at the expense of the permittee. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the Chief of Police upon request. Videoshall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the Cannabis Business and shall be capable of enlargement via projection or other means.

Internet Protocol address information shall be provided to the Police Department by the Cannabis Business, to facilitate remote monitoring of security cameras by the Department or its designee. Each business shall have network security protocols that are certified by Underwriters Laboratories. (4) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services. (5) Panic buttons shall be installed in all Cannabis Businesses with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.
(6) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services. The permittee shall be required to obtainan alarm permit from the Police Department.
(7) Any security measures, such as bars, installed on the windows or the doors of the Cannabis Business shall be installed only on the interior of the building. (8) Security personnel shall be on-site 24 hours a day or alternative security as authorized by the City Manager and must have a security patrol when closed.

Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such approval not to be unreasonably withheld.
(9) Each Cannabis Business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlledby an electronic access panel to ensure that locks are not released during a power outage.
(10) Each Cannabis Business shall have an accounting software system in placeto provide point of sale data as well as audit trails of both product and cash, where applicable.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1034 of 1610 22 (11) Each Cannabis Business shall demonstrate to the Chief of Police, City Manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products.
(12) Each Cannabis Business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed toprotect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories. (13) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. (14) Emergency access and emergency evacuation plans that are in compliancewith state and local fire safety standards.
(8) Each Cannabis Business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the Cannabis Business, annually maintain a copy of the current security plan on the premises ofthe business, to present to the City Manager upon request that meets the following requirements:
(1) Confirms that a designated Manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. (2) Identifies all Managers of the Cannabis Business and their contact phone numbers.
(3) Confirms that first aid supplies and operational fire extinguishers are locatedin the service areas and the Manager's office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company. (5) Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the Cannabis Business, the parking lot, any adjacent property under the business' control,and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
(C) As part of the application and licensing process each Cannabis Business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1035 of 1610 23 (D) The Cannabis Business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectivenessof any security plan or of any other requirement of this Chapter. (E) A Cannabis Business shall notify the City Manager within twenty-four (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significanceshall be determined by the regulations promulgated by the City Manager. (2) Diversion, theft, loss, or any criminal activity involving the Cannabis Business or any agent or employee of the Cannabis Business. (a) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the Cannabis Business. (b) Any other breach of security.
(F) Compliance with the foregoing requirements shall be verified by the City Managerprior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
123.36 Fees and Charges.
(A) No person may commence or continue any cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a Cannabis Business.

Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended fromtime to time. (8) All Cannabis Businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, permit, registration, and other fees required under federal, state, and local law. Each Cannabis Business shall cooperate with the City with respect to any request to audit the Cannabis Business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period.
(C) Prior to operating in the City and as a condition of issuance of a permit, the operator of each cannabis facility shall enter into an operational and/or community benefit agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1036 of 1610 24 conditions that will protect and promote the public health, safety and welfare. 123.37 General Operating Requirements.
(A) Cannabis Businesses may operate only during the hours specified in the Cannabis Business Permit issued by the City.
(8) Restriction on Sales and Consumption. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the Cannabis Business.
(C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a Cannabis Business Permit, or on any of the vehicles owned or used as part of the CannabisBusiness. No outdoor storage of cannabis or cannabis products is permitted at anytime. (D) Reporting and Tracking of Product and of Gross Sales. Each Cannabis Business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the Cannabis Business including, but not limitedto, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The Cannabis Business shall ensure that such information is compatible with the City's recordkeeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selectedmust be approved and authorized by the City Manager prior to being used by the permittee. (E) All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the State and local regulations. (F) Emergency Contact. Each Cannabis Business shall provide the City Manager withthe name, telephone number (both land line and mobile, if available) of an on-siteemployee or owner to whom emergency notice can be provided at any hour of the day. (G) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a Cannabis Business shall conform to the requirements of Chapter 150 Billboards and Signs, including, but not limited to, seeking the issuance of a City sign permit.
(2) No signs placed on the premises of a Cannabis Business shall obstruct any entrance or exit to the building or any window.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1037 of 1610 (3) Each entrance to a Cannabis Business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consumingcannabis on the premises or in the areas adjacent to the Cannabis Businessis prohibited. (4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No Cannabis Business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the Cannabis Business or elsewhere including, but not limited to,the public right-of-way.
(5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be usedat any time.
(6) In accordance with state law and regulations or as stipulated in the City's Cannabis Business Permit, holders of a Cannabis Business Permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any Cannabis Business located in the city limits utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a Cannabis Business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
(H) Minors.
(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a Cannabis Business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a Cannabis Business who isnot at least twentyone (21) years of age. (2) The entrance to the Cannabis Business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age ispermitted to enter upon the premises of the Cannabis Business.
(3) Notwithstanding Section 123.37(h)(1), persons aged 18 to 20 years shall be allowed on the premises of a Cannabis Business if they can produce a physician's recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need thatis the subject of the physician's recommendation.
25 _

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1038 of 1610 (I) Odor Control. Odor control devices and techniques shall be incorporated in all Cannabis Businesses to ensure that odors from cannabis are not detectable off- site.

Cannabis Businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Cannabis Business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any otherareas available for use by common tenants or the visiting public, or within any otherunit located inside the same building as the Cannabis Business. As such, Cannabis Businesses must install and maintain the following equipment, or any other equipment which the Community Development Director or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odorsfrom being emitted externally;
(2) An air system that creates negative air pressure between the Cannabis Business's interior and exterior, so that the odors generated inside the Cannabis Business are not detectable on the outside of the Cannabis Business. (J) Display of Permit and City Business License. The original copy of the Cannabis Business Permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the Cannabis Business in a location readily visible to the public.
(K) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11 ), which authorizes City authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner must submit fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the City of Indio Police Department. Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11 ), which requires that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a Cannabis Business unless they have first cleared the background check, as determined by the Chief of Police or his/her designee(s), as required bythis section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Indio to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a CannabisBusiness Permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the 26 L

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1039 of 1610 27 applicant.
(L) Loitering. The owner and/or operator of a Cannabis Business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises. The Cannabis Business shall notify the Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner.
(M) Permits and other Approvals. Prior to the establishment of any Cannabis Business or the operation of any such business, the person intending to establish a Cannabis Business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such Cannabis Business intends to establish and to operate pursuant to Section 123.32 and all applicable requirements in this Chapter.
(N) Each cannabis operator shall establish minimum training standards for all employees. The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or non-compliance issues with City or state requirements.
123.38 Operating Requirements for Store Front Retail Facilities. (A) No more than the number of cannabis retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City. (8) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Marijuana Card). For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
(C) Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician's recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor's recommendation or cannabis card must also be shown at the point-of-sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location.
(D) Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1040 of 1610 28 activities. Security personnel may be allowed to carry firearms if authorized by theChief of Police.
(E) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer.

Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
(F) All restroom facilities shall remain locked and under the control of management. (G) Permitted Store Front Retailers are authorized to conduct cannabis sales by delivery, pursuant to the requirements set forth in Section 123.40. (H) Retailers authorized to conduct retail activities shall only serve customers who are within the permitted premises, or at a delivery address that meets the requirements of this division.
(1) The sale and delivery of cannabis goods shall not occur through a pass- through window or a slide-out tray to the exterior of the premises. (2) Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(4) All cannabis goods sold by a retail business shall be contained in child- resistant packaging.
(5) Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
(6) A retail permittee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the permitted retail premises. All security personnel hired or contracted for by the permittee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Division 3 of the Business and Professions Code. (I) Access to Retailer Premises.
(1) Access to the premises of a retail permittee shall be limited to individuals whoare at least 21 years of age.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1041 of 1610 29 (2) Notwithstanding Section 123.37 (h)(1), individuals who are at least 18 years of age and in possession of a valid physician's recommendation shall be granted access to the premises of a retail permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician's recommendation.
(I} Authorized Sales. A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of avalid physician's recommendation. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted.
(J) Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires accessto the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Chief of Police, or their designees upon request.
(K) Operating hours of the Store Front Retailer Permit shall be limited to the hours of 6:00 a.m. through 10:00 p.m., seven days a week.
(L) Store Front/Retail Security Requirements. All provisions incorporated within Section 123.35 of this Code (Security Measures), are directly applicable to and binding on all Cannabis Businesses, including all Store Front/Retail businesses. 123.39 Operating Requirements for Non-Store Front Retail (Delivery-Only) Facilities.
(A) No more than the number of Non-Store Front Retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City.
(8) A non-storefront retailer permittee shall be authorized to conduct retail sales exclusively by delivery. The permitted premises of a non-storefront retailer permittee shall be closed to the public.
(C) A non-storefront retailer permittee shall comply with all the requirements applicable to retailer permittees, except for those provisions related to public access to the permitted premises and the retail area.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1042 of 1610 30 (D) Operating hours of the Non-Store Front Retailer Permit shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
123.40 Store Front and Non-Store Front Retail Delivery Requirements. (A) Prior to providing cannabis goods to a delivery customer, operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least eighteen (18) years of age and verify that the customer has a valid doctor's recommendation. In the case of adult-use customers, they must verify that the customer is at least twenty-one (21) years of age. Sales shall only be made to persons matching these criteria. (B) Retail delivery services shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
(C) Prior to commencing delivery operations, a cannabis Retailer and cannabis NonStore Front Retailer shall provide the following information to the City:
(1) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
(2) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
(3) Proof of insurance as required in Section 123.33(b) for any and all vehicles being used to deliver cannabis goods.
(4) The permittee shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods priorto using the vehicle to deliver cannabis goods.
(5) The permittee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days. 123.41 Operating Requirements for Out-of-City Delivery Services. (A) All Cannabis Businesses which conduct deliveries into or within the City of Indio shall be required to obtain a permit from the City of Indio in order to conduct retail sales regardless of whether they are located in the City or another local jurisdiction. (B) Prior to commencing operations, a cannabis out-of-City delivery service shall comply with the following requirements:
(1) Obtain from the City a permit authorizing the delivery of cannabis and cannabis

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1043 of 1610 31 products within the City limits. A copy of this permit shall be retained by all drivers.
(2) The retail business operating the delivery service shall provide the City Manager with evidence of a valid state and local license for a Cannabis Business on whose authorization the delivery service is performing the delivery function. (3) The retail business operating the delivery service shall furnish to the City Manager the year, make, model, license plate number, and numerical VehicleIdentification Number (VIN) for any and all vehicles that will be used to delivercannabis goods. (C)Operating hours of the Out-of-City Delivery Service shall be limited to the hours of9:00 a.m. through 9:00 p.m., seven days a week.
123.42 Permissible Delivery Locations and Customers.

Cannabis delivery businesses permitted to engage in delivery of cannabis and cannabis products inside the City of Indio are subject to the following requirements:
(A) A permitted Cannabis Business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by apublic agency.
(8) A permitted Cannabis Business shall comply with all requirements of state and local law pertaining to the Cannabis Business Permit and all subsequent policies,procedures and regulations which may be amended by the City Manager from time to in order to enforce this Chapter.
(C) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter.
123.43 Promulgation of Regulations, Standards and Other Legal Duties. (A) In addition to any regulations adopted by the City Council, the City Manager is authorized to establish administratively any additional rules, regulations and standards governing the issuance, denial or renewal of Cannabis Business Permits, the ongoing operation of Cannabis Businesses and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter. (8) Regulations shall be published on the City's website.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1044 of 1610 32 (C) Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis Businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
123.44 Community Relations.
(A) Each Cannabis Business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the Cannabis Business can be provided. Each Cannabis Business shall alsoprovide the above information to all businesses and residences located within onehundred (100) feet of the Cannabis Business.
(B) During the first year of operation pursuant to this Chapter, the owner, manager, and community relations representative from each Cannabis Business holding a permit issued pursuant to this Chapter shall attend meetings with the City Manager, and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such Cannabis Business shall meet with the City Manager when and as requested by the City Manager.
123.45 Fees Deemed Debt to the City.

The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemeda debt to the City that is recoverable via an authorized administrative process as set forth in the City ordinance or in any court of competent jurisdiction.
123.46 Permit Holder Responsible for Violations.

The person to whom a permit is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City, whether committed by the permittee or any employee or agent ofthe permittee, which violations occur in or about the premises of the Cannabis Business whether or not said violations occur within the permit holder's presence.
123.47 Inspection and Enforcement.
(A) The City Manager, or designee charged with enforcing the provisions of the City of Indio Municipal Code, or any provision thereof, may enter the location of a Cannabis Business at any time, without notice, and inspect the location of any Cannabis Business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law. (B) It is unlawful for any person having responsibility over the operation of a Cannabis

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1045 of 1610 33 Business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a Cannabis Business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a Cannabis Business under this Chapter or under state or local law. (C) The City Manager, or designee charged with enforcing the provisions of this Chapter may enter the location of a Cannabis Business at any time during the hours of operation and without notice to obtain samples of the cannabis to test forpublic safety purposes. Any samples obtained by the City of Indio shall be logged, recorded, and maintained in accordance with established procedures by the City of India's City Manager or these regulations.
123.48 Violations declared a public nuisance.

Each and every violation of the provisions of this Chapter constitutes a misdemeanor andis hereby deemed unlawful and a public nuisance. The City reserves the right to pursue any available legal remedy to address violations of this Chapter. 123.49 No Vested Rights
No person(s) (including any Applicant, Owner, and/or Permittee) shall have any vested rights to any permit, right, and/or interest under this chapter, regardless of whether such person(s) sold, distributed, and/or otherwise engaged in acts related to the use of Cannabis prior to the adoption of the ordinance codified in this Chapter."
SECTION 3. CEQA. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to the State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Ordinance does not have the potential for resulting in either a direct physical change inthe environment or a reasonably foreseeable indirect physical change in the environment as it is an ordinance setting forth the regulatory process for cannabis permits.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall causethe same to be published in the manner prescribed by law.

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1046 of 1610 34 PASSED, APPROVED AND ADOPTED this 21st day of September, 2022.

WAYMOND FERMON
MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1047 of 1610

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1048 of 1610 City of Indio
City Council
May 18, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title XI of the Indio Municipal to regulate and permit commercial cannabis activities in the City; and making a determination that the Ordinance is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines 15060(c)(3)
RECOMMENDATION:

Waive full reading of Ordinance No. 1780 adding a new Chapter 123 to Title XI of the Indio Municipal Code to regulate and permit commercial cannabis activities in the City, introduce the ordinance by title only and request the City Clerk to read the title.

SUMMARY:

Ordinance No. 1780 establishes a regulatory framework to permit commercial cannabis activities in the City. If adopted, the ordinance will permit only cannabis retail activity. Staff and the City’s consultant will return with proposed policies and procedures for the processing, review and selection of the applications at a later date. Separately, the City Council also has before it a related land use ordinance that establishes the locations in the City where retail commercial cannabis businesses are permitted.

BACKGROUND INFORMATION:

In the later part of 2021, the City Council requested that the City Manager bring forward the discussion on permitting cannabis uses in the City. To that end, the City engaged Hinderliter, De Llamas and Associates (“HdL”) to assist the City with the discussion and potential drafting of an ordinance. HdL is a leader in cannabis consulting services, providing jurisdictions in California, with assistance or development of regulations and/or ordinances, application process development, application review, tax administration including audit services and other services related to the cannabis industry. HdL proceeded with meeting with staff in addition to providing an overview of the economic market conditions and approach to the City Council at various study sessions. The result is the proposed ordinance which has previously been reviewed with the Council and the Planning Commission for the City Council’s formal consideration.

Ordinance No. 1780 provides the regulatory framework for permitting commercial cannabis activities in the City. As proposed, the ordinance permits cannabis retail activity, establishes sensitive use buffers and establishes requirements regarding security, recordkeeping, signage, odor and customer access. This ordinance does not establish the locations where cannabis retail businesses can locate.

The location for such businesses is set forth in a separate land use ordinance that will also be reviewed

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1049 of 1610 by the City Council at the May 18, 2022 meeting. This ordinance also does not establish the process by which applications for permits will be processed, reviewed or selected. This will be further delineated in a resolution to be adopted by the City Council at a later date as authorized by Section 123.13 of Ordinance No. 1780.

As stated above, this regulatory ordinance provides detailed general operating requirements in the following areas: odor control, age-verification, signage, background checks, record keeping and inventory tracking. In addition, hours of operation for the retail businesses are limited to 9:00 am through 9:00 p.m., seven days a week and no on-site consumption is allowed. The ordinance also contains detailed security requirements such as exterior lighting, alarm system, 24-hour video camera surveillance, panic buttons and requires the business owner to establish emergency response protocols. Last, each commercial cannabis business will be required to enter into an operating agreement with the City prior to opening that will include a negotiated public benefit fee and any other community benefits that is offered by the business.

Staff reviewed Ordinance No. 1780 and determined that as a regulatory ordinance, Ordinance No. 1780 is not subject to the California Environmental Quality Act (“CEQA”) as it is not a project as defined by CEQA.

ATTACHMENTS:

Ordinance No. 1780
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 12 May 2022 Roxanne Diaz, City Attorney Approved - 12 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 May 2022 Bryan H. Montgomery, City Manager Approved - 13 May 2022

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1050 of 1610

ORDINANCE NO. 1780

AN ORDINANCE OF THE CITY OF INDIO ADDING A NEW CHAPTER
123 ENTITLED CANNABIS BUSINESS ACTIVITIES TO TITLE XI,

BUSINESS REGULATIONS, OF THE INDIO MUNICIPAL CODE TO

REGULATE COMMERCIAL CANNABIS USES IN THE CITY
THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 123 (Cannabis Activities) of Title XI (Business Regulations) of the Indio Municipal Code is hereby repealed in its entirety.

SECTION 2. A new Chapter 123 entitled “Cannabis Business Activities” is hereby added to Title XI (Business Regulations) of the Indio Municipal Code to read as follows:
“CHAPTER 123

CANNABIS BUSINESS ACTIVITIES
123.01 Title
123.02 Purpose and Intent
123.03 Legal Authority
123.04 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter
123.05 Compliance with State and Local Laws and Regulations 123.06 Definitions
123.07 Cannabis Business Permit Required to Engage in Cannabis Business Activity
123.08 Cannabis Owners and Employee Criminal Background 123.09 Persons Prohibited from Holding a Permit or from Employment with a Cannabis Business Permittee
123.10 Maximum Number and Type of Authorized Cannabis Businesses Permitted
123.11 Community Benefits
123.12 City’s Reservation of Rights
123.13 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Permit Applications
123.14 Exercise of a Cannabis Business Permit
123.15 Abandonment of Permit
123.16 Reapplying for a Cannabis Business Permit
123.17 Term of a Cannabis Business Permit
123.18 Renewal of Cannabis Business Permits

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1051 of 1610

123.19 Suspension, Revocation, or Modification of Permits 123.20 Effect of State License Suspension
123.21 Effect of State License Revocation or Termination 123.22 Appeals
123.23 Appeals and Contents of Appeal
123.24 Appointment of Hearing Officer or Body
123.25 Appeal Hearing Process and Proceedings
123.26 Change in location; Updated Application Form
123.27 Transfer of Cannabis Business Permit
123.28 City Business License
123.29 Building Permits and Inspection
123.30 Authorization from the Community Development Director 123.31 Right to Occupy and to Use Property
123.32 Location and Design of Cannabis Businesses
123.33 Limitations on City’s Liability
123.34 Records and Recordkeeping
123.35 Security Measures
123.36 Fees and Charges
123.37 General Operating Requirements
123.38 Operating Requirements for Store Front Retail Facilities 123.39 Operating Requirements for Non-Store Front Retail (Delivery-Only) Facilities.
123.40 Store Front and Non-Store Front Retail Delivery Requirements. 123.41 Operating Requirements for Out-of-City Delivery Services 123.42 Permissible Delivery Locations and Customers
123.43 Promulgation of Regulations, Standards and Other Legal Duties 123.44 Community Relations
123.45 Fees Deemed Debt to the City
123.46 Permit Holder Responsible for Violations
123.47 Inspection and Enforcement
123.48 Violations Declared a Public Nuisance
123.49 No Vested Rights
123.01 Title.

This Chapter shall be known as the Cannabis Activities Ordinance of the City of Indio. 123.02 Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the

Re-Introduction of Ordinance No. 1780 adding a new Chapter 123 to Title ... Page 1052 of 1610

MAUCRSA, while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this Chapter to regulate the commercial sale and delivery of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law. 123.03 Legal Authority.

This Chapter is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, Title 4, Division 19 of the California Code of Regulations, and the provisions of the MAUCRSA.
123.04 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, or transportation, of cannabis or cannabis products is expressly prohibited in the City. 123.05 Compliance with State and Local Laws and Regulations.

It is the responsibility of the owners and/or operators of any Commercial Cannabis Business within the City limits to ensure that they operate in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.
123.06 Definitions.
(A) “Applicant” means a person or entity that submits an application for a Cannabis Business Permit under this Chapter.
(B) “Cannabis” shall have the same meaning as that appearing in Business and Professions Code Section 26001(f).
(C) Cannabis Products shall have the same meaning as that appearing in Business and Professions Code Section 26001(h).
(D) “City” shall mean the City of Indio, California.
(E) “City Manager” shall mean the City of Indio City Manager or his or her designee. (F) “Commercial Cannabis Business” or “Cannabis Business” means any business or operation which engages in medicinal or adult-use commercial cannabis activity authorized by this Chapter.

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(G) “Cannabis Business Permit” means a regulatory permit issued by the City pursuant to this Chapter, to a Commercial Cannabis Business and is required before any commercial cannabis activity may be conducted in the City. The initial permit and annual renewal of a permit is made expressly contingent upon the business’ ongoing compliance with all of the requirements of this Chapter and any regulations adopted by the City governing the commercial cannabis activity at issue.
(H) “Cannabis Business Permittee” or “Permittee” means a person or entity that has received a Cannabis Business Permit from the City as authorized under this Chapter (I) Delivery shall have the same meaning as that appearing in Business and Professions Code Section 26001(o).
(J) “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.
(K) “Limited-access area” means an area in which cannabis is stored or held and is only accessible to a permittee and authorized personnel.
(L) “Medicinal cannabis” or “Medicinal cannabis product” shall have the same meaning as that appearing in Business and Professions Code Section 26001(ai). (M) “Non-Storefront retailer” is a subset of “Retailer” and is a permitted retail business that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls.
(N) “Owner” means any of the following:
(1) A person with an aggregate ownership interest of 10 percent or more in the Commercial Cannabis Business, unless the interest is solely a security, lien or encumbrance.
(2) An individual who manages, directs, or controls the operations of the Commercial Cannabis Business, including but not limited to:
(a) A member of the board of directors of a nonprofit.
(b) A general partner of a Commercial Cannabis Business that is organized as a partnership.
(c) A non-member manager or manager of a Commercial Cannabis Business that is organized as a limited liability company.
(d) The trustee(s) and all persons who have control of the trust and/or the Commercial Cannabis Business that is held in trust.
(e) An individual with the authority to provide strategic direction and oversight

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for the overall operations of the Commercial Cannabis Business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
(f) An individual with the authority to execute contracts on behalf of the Commercial Cannabis Business.
(g) When an entity is an owner in a Commercial Cannabis Business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the Commercial Cannabis Business. For example, this includes all entities in a multi- layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
(O) “Package” means any container or receptacle used for holding cannabis or cannabis products.
(P) “Person” shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
(Q) “Physician’s recommendation” shall have the same meaning as that appearing in Business and Professions Code Section 26001(ap).
(R) “Premises” all have the same meaning as that appearing in Business and Professions Code Section 26001(aq).
(S) “Retailer” or “Storefront Retailer” shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code. (T) “State license” means a permit or license issued by the State of California, or one of its departments or divisions, under the MAUCRSA and any subsequent related State of California legislation, to engage in cannabis activity. A state license alone will not authorize the holder to operate a Cannabis Business, as state law also requires a license or other authorization issued by a local jurisdiction.
(U) “Youth center” means any:
(1) Public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
(a) Private youth membership organizations or clubs,
(b) Social service teenage club facilities,

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(c) Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or (d) Similar amusement park facilities, and
(e) Must be used for youth activities at least 60 percent of the time in a calendar year.
(2) It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county, or state parks.
(3) This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.
123.07 Cannabis Business Permit Required to Engage in Cannabis Business Activity.

No person may engage in any Cannabis Business within the City, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product, unless the person meets all of the following requirements:
(A) Possess a valid Cannabis Business Permit from the City; (B) Possess a valid business license from the City;
(C) Possess a valid State of California Seller’s Permit; and (D) Is currently in compliance with all applicable state and local laws and regulations pertaining to the Cannabis Business and the cannabis activities, including the duty to obtain any required state licenses.
123.08 Cannabis Owners and Employee Criminal Background. (A) Any person who is an owner, employee or who otherwise works within a Cannabis Business must be legally authorized to do so under applicable state law. (B) Cannabis Business owners, and employees shall be required to submit to a criminal background check for themselves and all persons in their employment. Business owners shall be required to complete a criminal background check prior to issuance or transfer of a Cannabis Business Permit. Employees shall submit to a criminal background check within one month of being hired.

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(C) The City shall conduct criminal background checks which must, at a minimum, identify the following:
(1) Whether the owner or employee has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offense in other states; (2) Whether the owner or employee has ever been convicted of a serious felony, as defined by California Penal Code 1192.7 or equivalent offense in other states; (3) Whether the owner or employee has ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
(4) Whether the owner or employee has ever been convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code; or
(5) Whether the owner or employee has ever been convicted of a felony involving fraud, deceit, or embezzlement.
(D) Evidence of a conviction of any the offenses enumerated in Section 123.08(c) of this Code shall be grounds for denial or revocation of a Cannabis Business Permit, and/or employment with a Cannabis Business permittee in the City of Indio. 123.09 Persons Prohibited from Holding a Permit or from Employment with a Cannabis Business Permittee.
(A) A person is prohibited from holding or maintaining a Cannabis Business Permit, or from being employed at a Cannabis Business, if any of the following apply:
(1) The applicant has been denied a cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority;
(2) The applicant was notified by the state, county, or city that it was conducting cannabis activity in violation of State law or City ordinances, codes, and requirements, and failed to cure the violation in a timely manner; (3) Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;

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123.10 Maximum Number and Type of Authorized Cannabis Businesses Permitted.

This section is intended to create a maximum number and types of Cannabis Businesses that may be issued permits to operate in the City.
(A) The following cannabis license types are authorized to operate in the City of Indio. (1) Cannabis Storefront Retailer.
(2) Cannabis Non-Storefront Retailer.
(B) Cannabis license types not identified in Section 123.10 (A) are prohibited from obtaining a Cannabis Business Permit in the City of Indio.
(C) The number of each type of Cannabis Business that shall be permitted to operate in the City shall be established by resolution by the City Council. (D) Notwithstanding Section 123.10 (C), the total number of allowable Cannabis Storefront Retail permits established by City Council resolution shall be no more than one (1) permit for every fifteen thousand (15,000) residents in the City of Indio, and no less than one (1) permit for every twenty-five thousand (25,000) residents in the City of Indio. The population of the City of Indio shall be based on the official census population estimate, as periodically updated by the US Department of Commerce, Census Bureau. (E) Each year following the City’s initial award of permits, if any, or at any time in the City Council’s discretion, the City Council may reassess the number of Cannabis Business Permits which are authorized for issuance and make any changes by resolution. (F) The City Council, at its sole discretion, may determine that the number and/or types of Cannabis Business Permits should remain the same or be modified. 123.11 Community Benefits.
(A) The application Procedure Guidelines and Review Criteria, set forth in Section 123.13 of this Chapter, shall include a component on community benefits. (B) Any community benefits that a Cannabis Business agrees to provide shall be incorporated into the terms and conditions under which the Cannabis Business will operate with the City’s approval, if and when a Cannabis Business Permit is issued. Such terms and conditions shall be in addition to the requirements of this Chapter. 123.12 City’s Reservation of Rights.

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The City reserves the right to reject any or all applications for a Cannabis Business Permit. Prior to permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the Cannabis Business Permit program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this Chapter, an application may be rejected for any of the following reasons:
(A) The application was received after the designated time and date of the deadline. (B) The application did not contain the required elements, exhibits, or was not organized in the required format.
(C) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete.
123.13 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Permit Applications.
(A) By resolution, the City Council shall adopt Procedure Guidelines and Review Criteria for the City’s evaluation of Cannabis Business permit applications and subsequent issuance. (B) The Procedure Guidelines shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications. (C) The Review Criteria shall include detailed instructions on the methodology to be used to evaluate applications on a point, or other evaluation system, tied to particular sets of criteria.
(D) The Review Criteria shall be used to determine which candidates will be eligible to proceed to the final selection process as determined by City Council resolution. (E) The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the Procedure Guidelines and Review Criteria. (F) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process. (G) For applicants with ten or more employees, the applicant shall attest that the applicant will enter into a labor peace agreement as defined in Business and Professions Code Section 26001(y) and will abide by the terms of the agreement, and the applicant shall provide a copy thereof to the City. For applicants that have not yet entered into a labor

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peace agreement, the applicant shall provide a notarized statement indicating that within 30-days of cannabis permit from the City, the applicant will enter into and abide by the labor peace agreement.
123.14 Exercise of a Cannabis Business Permit.
(A) A Cannabis Business Permit shall be exercised within twelve (12) months of the final selection process, as defined by the Procedure Guideline and Review Criteria. A Cannabis Business Permit shall be considered exercised shall be when any of the following occur:
(1) A Certificate of Occupancy has been issued,
(2) The permitted use(s) has commenced on the site, and (3) A City Building Permit or Grading Permit is secured, and construction lawfully commenced.
(B) Failure to exercise a Cannabis Business Permit within the timeframe established in Section 123.14 (A) shall result in denial of the application.
(C) The City Manager, in his/her sole discretion, may extend the timeframe established in Section 123.14 (A), if he/she determines that the applicant has made a good faith effort to exercise the Cannabis Business Permit within the defined timeframe. 123.15 Abandonment of Permit.

If the Cannabis Business has not been in regular and continuous operation in the preceding four (4) months at the permitted location, the Cannabis Business Permit shall be considered abandoned, unless mitigating circumstance occur which was beyond the control of the permittee and an extension has been authorized by the City Manager. 123.16 Reapplying for a Cannabis Business Permit.

If an applicant is denied a permit due to a disqualifying factorsincluding, but not limited to, failing a background check or not complying with any state, or local jurisdictions regulatory requirements in which legal or administrative action has been taken, a new application may not be filed by the applicant for one (1) year from the date of the denial. This section shall not apply to an approved applicant not awarded a permit resulting from the City not selecting them for one of the permits in the application process.
123.17 Term of a Cannabis Business Permit.

All permits issued under the provisions of this chapter shall be effective for a period not to exceed one (1) year from the date of issuance. The City Manager may renew a permit through the

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procedures identified in Section 123.18 of this Code.
123.18 Renewal of Cannabis Business Permits.
(A) An application for renewal of a Cannabis Business Permit shall be filed by the Cannabis Business Permittee at least sixty (60) calendar days prior to the expiration date of the current permit.
(B) The renewal application shall contain all the information required for new applications. (C) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter.
(D) An application for renewal of a Cannabis Business Permit may be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration or a shortertime period which shall be at the discretion of the City Manager. (2) The Cannabis Business Permit is suspended or revoked at the time of the application.
(3) The Cannabis Business has not been in regular and continuous operation in the four (4) months prior to the renewal application or the approved extension of the deadline from the City Manager.
(4) The Cannabis Business has failed to conform to the requirements of the Cannabis Business Permit or this Chapter or any regulations adopted pursuant to this Chapter. (5) The permittee fails or is unable to renew its State of California license. (6) If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the Cannabis Business Permit.
(7) Violation of Section 123.08 of this Code.
(E) The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare.

Appeals from the decision of the City Manager shall be handled pursuant to this Chapter.

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(F) If a renewal application is denied, a person may file a new application pursuant to this Chapter not sooner than one (1) year from the date of the denial. 123.19 Suspension, Revocation or Modification of Permits.

Cannabis Business Permits may be suspended, revoked or modified for any violation of this Chapter, any state or local laws, rules, and/or any standards, policies, procedures, or regulations adopted pursuant to this Chapter relating to Cannabis Businesses. A decision of the City to suspend, revoke or modify a Cannabis Permit is appealable as set forth in this Chapter. 123.20 Effect of State License Suspension.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the Cannabis Business Permit of the Cannabis Business. If the State of California or its respective department or division reinstates or reissues the State license, the Cannabis Business may seek reinstatement of its Cannabis Business Permit if the business can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured. Any Cannabis Business Permittee shall inform the City of any suspension of a state license.

123.21 Effect of State License Revocation or Termination.

Revocation or termination of a license issued by the State of California, or by any of its departments or divisions, shall immediately revoke or terminate the Cannabis Business Permit of the Cannabis Business. Any Cannabis Business Permittee shall inform the City of any revocation or termination of a state license.
123.22 Appeals.

Appeals relating to denial of an application; to revoke, suspend or modify a permit; to deny renewal of an application for a permit; or to add conditions to a permit shall be conducted as prescribed in this Chapter.
123.23 Appeals and Contents of Appeal
(A) Within ten (10) calendar days after service of the notice of the decision of the City to deny advancement to the final selection process; to revoke, suspend or modify a permit; to deny a renewed application for a permit; or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For appeals of a denial of an application prior to the final decision process, reasons shall be stated with specificity and shall address the issues outlined in Section 123.24 (A). Date of service shall mean the date when a notice or written decision was personally delivered to the applicant or permittee

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or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
(B) The Notice of Appeal shall be in writing and signed by the person making the appeal (“Appellant”), or their legal representative, and shall contain the following:
(1) Name, address, and telephone number of the appellant. (2) Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
(3) Include a true and correct copy of the notice issued by the City Manager for which the appellant is appealing.
(4) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested. (5) All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing. (6) An appeal fee as established by Resolution of the City Council. (A) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Manager. In this event, the City Manager’s notice of revocation, nonrenewal, or suspension shall be final.
(B) In the event a written Notice of Appeal is timely filed, the nonrenewal, suspension, or revocation shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal not served in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.
(C) If no appeal is timely filed in the event of a decision of nonrenewal, the Cannabis Businesses Permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal.
123.24 Appointment and Scope of Hearing Officer or Body.

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(A) Denial of Application Prior to Final Decision Process. The City Manager, or an appointed hearing officer, as set forth by City Council Resolution, will hear appeals that address the following issues:
(1) Any deviation from the City’s published Procedure Guidelines and Review Criteria that adversely affected the applicant by altering the outcome of the City’s decision on the application. Examples of appealable deviations include, but are not limited to:
i. Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings and/or email to the applicant prior to the time the application was submitted; ii. Failure on the part of the City to provide an applicant an equal opportunity to modify an application where that opportunity was provided to other applicants;
iii. Failure on the part of the City to correctly apply the Review Criteria, as established by City Council resolution, in reviewing the application; (2) Any appeal based upon this section must be supported by a preponderance of the evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal. (B) All Other Appeals. The City Council, or an appointed hearing officer or body, as set forth by City Council Resolution, shall hear appeals relating the denial of a renewed application, revocation, suspension or modification a permit, or addition of conditions to a permit. (C) Notwithstanding Section 123.24 (A) (1), an applicant that is eligible to participate in the final selection process, as set forth in the Procedure Guidelines and Review Criteria, but is not selected during the final selection process, shall not be eligible to appeal the outcome of the process.
123.25 Appeal Hearing Process and Proceedings.
(A) Review by City Council, City Manager, Appointed Hearing Officer or Body. (1) Appellants who file a timely written Notice of Appeal will be entitled to an administrative hearing before the City Council, City Manager, hearing officer or body, as set forth by the City Council by Resolution.

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(2) Upon receipt by the City Clerk of a timely-filed Notice of Appeal, the City Clerk shall forward such appeal to the hearing officer who shall schedule a hearing within thirty days (30) days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant, then the City Clerk shall schedule the appeal to be heard within forty-five (45) days or as reasonably possible. (3) The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing (“Notice of Appeal Hearing”).
(4) A request by an appellant or by the City to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The City Council, City Manager, appointed hearing officer or body may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days, unless there is a stipulation by all parties to do so.
(B) At the date, time and location set forth in the Notice of Appeal Hearing, the City Council, City Manager, appointed Hearing Officer or body shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
(C) The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The City bears the burden of proof to establish the grounds for nonrenewal, suspension, revocation, modification of the permit, or adding conditions to the permit by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an application or denial of advancement to the final selection process established by the City Council.
(3) The issuance of the City’s notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation.
(4) The hearing officer or body may accept and consider late evidence not submitted initially with the Notice of Appeal upon a showing by the appellant of good cause.

The hearing officer or body shall determine whether a particular fact or set of facts amount to good cause on a case-by-case basis.
(5) The appellant may bring a language interpreter to the hearing at their sole expense.

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(6) The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(D) If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Council, City Manager, appointed hearing officer or body, may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City’s notice of decision is final and binding.
(E) Final Decision. Following the conclusion of the hearing, the City Council, City Manager, appointed hearing officer or body shall issue a written decision within twenty (20) days which (i) determines if the action appealed from is affirmed or overturned and (ii) specifies the reasons for the decision.
(F) The written decision of the City Council, City Manager, appointed hearing officer or body shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review. (G) A copy of the written decision shall be served by certified, first class mail on the appellant.

If the appellant is not the owner of the real property in which the Cannabis Business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter. 123.26 Change in Location; Updated Application Form.
(A) Any time the business location specified in the regulatory permit is changed, the permittee shall submit an updated application form to the City Managerfor approval prior to the change in location. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in Sections 123.18 and 123.27. (B) Within fifteen (15) calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this Chapter, including any change in the Cannabis Business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee.

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123.27 Transfer of Cannabis Business Permit.
(A) The owner of a Cannabis Business Permit shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee.

Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of this Chapter (as though the transferee were applying for an original Cannabis Business Permit). The proposed transferee’s application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee). The transferee’s application will be treated as a new application, and will be evaluated according to procedures adopted by the City Manager, pursuant to Section 123.43. (B) Cannabis Business Permits issued through the grant of a transfer by the City Manager shall be valid for a period of one year beginning on the day the City Manager approves the transfer of the permit. Before the transferee’s permit expires, the transferee shall apply for a renewal permit and pay the appropriate fee in the manner required by this Chapter.
(C) A Cannabis Business Permit shall not be transferred when the City has notified the permittee in writing that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a Cannabis Business Permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this Chapter. Such a purported transfer shall be deemed a ground for revocation of the permit. 123.28 City Business License.

Prior to commencing operations, a Cannabis Business shall obtain a City of Indio business license. 123.29 Building Permits and Inspection.

Prior to commencing operations, a Cannabis Business permittee shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), Fire Department approvals, Police Department approval, Code Enforcement, Planning, and County Health Department approvals, and any other applicable zoning and land use permit(s) and approvals. 123.30 Authorization from the Community Development Director.

Prior to commencing operations, a Cannabis Business must obtain authorization from the Community Development Director certifying that the business is located on a site that meets all of the requirements of Sections 123.29, 123.31 and 123.32 of this Code.

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123.31 Right to Occupy and to Use Property.

Prior to the City ’s issuance of a Cannabis Business Permit pursuant to this Chapter, any person intending to open and to operate a Cannabis Business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the Cannabis Business on the owner’s property. 123.32 Location and Design of Cannabis Businesses.
(A) A Cannabis Business must meet land use and building standards pursuant to Title 15 of this Code, including:
(1) Conform with the City ’s general plan, any applicable specific plan, master plan, and design requirements.
(2) Comply with all applicable zoning and related development standards. (3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
(B) A Cannabis Business must meet the following rules relating to proximity to sensitive uses:
(1) Shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use under Section 123.32 (B) (2), that is in existence at the time the permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.
(2) Sensitive uses include:
(a) A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
(b) A commercial daycare center licensed by the State, County or City. (c) A Youth Center.
123.33 Limitations on City’s Liability.

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To the fullest extent permitted by law, the City of Indio shall not assume any liability whatsoever with respect to having issued a Cannabis Business Permit pursuant to this Chapter or otherwise approving the operation of any Cannabis Business. As a condition to the approval of any Cannabis Business Permit, the applicant shall be required to meet all of the following conditions prior to receiving the Cannabis Business Permit:
(A) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Indio, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City ’s issuance of the Cannabis Business Permit, the City ’s decision to approve the operation of the Cannabis Business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the Cannabis Business or any of its officers, employees or agents. (B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City’s Risk Manager. (C) Reimburse the City for all costs and expenses, including but not limited to legal fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s Cannabis Business Permit or related to the City ’s approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.
123.34 Records and Recordkeeping.
(A) Each owner and operator of a Cannabis Business shall maintain accurate books and recordsin an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities for a period not less than seven (7) years. On no less than an annual basis (at or before the time of the renewal of a Cannabis Business Permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each Cannabis Business shall file a sworn statement detailing the number and amount of sales by the Cannabis Business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and/or fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City. (B) Each owner and operator of a Cannabis Business shall maintain a current register of the names and the contact information (including the name, address, and telephone number)

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of anyone owning or holding an interest in the Cannabis Business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the Cannabis Business. The register required by this paragraph shall be provided to the City Manager upon request.
(C) All Cannabis Businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA. 123.35 Security Measures.
(A) A Cannabis Business permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the Cannabis Business. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all of the following:
(1) Perimeter fencing and exterior lighting systems (including motion sensors) for afterhours security as approved by the Chief of Police and/or the Community Development Director were applicable.
(2) Preventing individuals from remaining on the premises of the Cannabis Business if they are not engaging in an activity directly related to the permitted operations of the Cannabis Business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department. (3) Establishing limited access areas accessible only to authorized Cannabis Business personnel.
(4) Installing 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the Cannabis Business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The Cannabis Business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the City Manager, and that it is compatible with the City ’s software and hardware. In addition, if required, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police at the expense of the permittee.

Video recordings shall be maintained for a minimum of ninety (90) days and shall be