Agenda packet — Coachella City Council, January 26, 2022 (part 2 of 6)

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Item 21.

CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 50,000.00 BBB+ A3 04/27/21 05/04/21 50,000.00 0.98 241.16 50,000.00 49,687.75

CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 55,000.00 BBB+ A3 04/28/21 05/04/21 55,145.75 0.91 265.28 55,127.66 54,656.53

GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 05/22/2015 3.750% 05/22/2025
38148LAE6 135,000.00 BBB+ A2 02/12/21 02/17/21 150,819.30 0.94 2,235.94 148,046.07 144,892.13

JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 06/01/2021 0.824% 06/01/2025
46647PCH7 115,000.00 A- A2 05/24/21 06/01/21 115,000.00 0.82 394.83 115,000.00 113,788.82

JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 08/10/2021 0.768% 08/09/2025
46647PCM6 50,000.00 A- A2 08/03/21 08/10/21 50,000.00 0.77 86.40 50,000.00 49,277.60

BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 72,000.00 A+ A2 06/17/21 06/21/21 71,282.88 0.98 252.00 71,342.27 70,518.17 Security Type Sub-Total 3,012,000.00 3,052,860.18 1.75 13,681.44 3,047,146.75 3,075,657.73 Certificate of Deposit

SUMITOMO MITSUI BANK NY CERT DEPOS
DTD 07/14/2020 0.700% 07/08/2022
86565CKU2 155,000.00 A-1 P-1 07/10/20 07/14/20 155,000.00 0.70 349.61 155,000.00 155,460.51

NORDEA BANK ABP NEW YORK CERT DEPOS
DTD 08/29/2019 1.850% 08/26/2022
65558TLL7 280,000.00 A-1+ P-1 08/27/19 08/29/19 280,000.00 1.84 964.06 280,000.00 283,593.80

SKANDINAV ENSKILDA BANK LT CD
DTD 09/03/2019 1.860% 08/26/2022
83050PDR7 295,000.00 A-1 P-1 08/29/19 09/03/19 295,000.00 1.85 1,021.19 295,000.00 298,810.52

DNB BANK ASA/NY LT CD
DTD 12/06/2019 2.040% 12/02/2022
23341VZT1 145,000.00 AA- Aa2 12/05/19 12/06/19 145,000.00 2.03 1,248.93 145,000.00 147,657.71

CREDIT SUISSE NEW YORK CERT DEPOS
DTD 03/23/2021 0.590% 03/17/2023
22552G3C2 155,000.00 A+ A1 03/19/21 03/23/21 155,000.00 0.59 566.48 155,000.00 155,352.16

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Item 21.

HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
44932NAD2 25,622.91 AAA NR 04/03/19 04/10/19 25,619.54 2.66 30.29 25,621.61 25,792.35 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
43815MAC0 45,993.27 NR Aaa 05/21/19 05/29/19 45,991.55 2.52 32.20 45,992.58 46,403.80 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
89239AAD5 55,733.39 AAA Aaa 02/05/19 02/13/19 55,723.24 2.91 72.08 55,729.48 56,237.29 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
02004WAC5 19,370.97 NR Aaa 02/05/19 02/13/19 19,368.63 2.91 25.05 19,370.02 19,517.43 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
65479KAD2 44,684.35 NR Aaa 02/05/19 02/13/19 44,677.58 2.90 57.59 44,681.52 45,196.41 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
14042WAC4 42,023.45 AAA Aaa 05/21/19 05/30/19 42,014.93 2.51 46.88 42,019.56 42,394.21 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
65479HAC1 52,142.40 NR Aaa 05/21/19 05/28/19 52,130.61 2.51 57.94 52,137.03 52,627.32 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
43813RAC1 105,000.00 NR Aaa 02/19/20 02/26/20 104,979.42 1.61 46.96 104,987.75 105,901.36 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
89232HAC9 139,823.95 AAA Aaa 02/04/20 02/12/20 139,813.85 1.66 103.16 139,817.93 140,983.47 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
14315XAC2 100,000.00 AAA NR 01/14/20 01/22/20 99,980.38 1.89 84.00 99,987.49 101,128.45 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 55,000.00 NR Aaa 02/17/21 02/24/21 54,998.99 0.27 4.13 54,999.16 54,749.73 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 45,000.00 AAA NR 04/20/21 04/28/21 44,995.27 0.38 7.60 44,995.82 44,750.56 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 30,000.00 AAA NR 01/20/21 01/27/21 29,994.07 0.34 4.53 29,994.99 29,861.55

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Item 21.

Managed Account Detail of Securities Held For the Month Ending October 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 70,000.00 AAA Aaa 09/21/21 09/27/21 69,994.42 0.43 13.38 69,994.54 69,416.94 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 65,000.00 AAA NR 04/13/21 04/21/21 64,985.99 0.52 15.02 64,987.53 64,814.09 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 55,000.00 AAA Aaa 09/20/21 09/27/21 54,988.22 0.58 14.18 54,988.45 54,406.89 Security Type Sub-Total 982,516.62 982,377.76 1.62 647.82 982,427.10 986,553.30 Managed Account Sub-Total 20,016,707.39 20,061,667.53 1.34 63,060.75 20,056,111.11 20,164,147.71 Money Market Mutual Fund
PFM Funds - Govt Select, Instl Cl 206,197.77 AAAm NR 206,197.77 0.00 206,197.77 206,197.77 Liquid Sub-Total 206,197.77 206,197.77 0.00 206,197.77 206,197.77 $20,222,905.16 $20,267,865.30 1.34% $63,060.75 $20,262,308.88 $20,370,345.48 $20,433,406.23
$63,060.75
Total Investments
Accrued Interest
Securities Sub-Total

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Item 21.

Managed Account Security Transactions & Interest For the Month Ending October 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
10/06/21 US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
10/04/21 91282CAT8 410,000.00 (401,319.53) (442.87) (401,762.40) Transaction Type Sub-Total 410,000.00 (401,319.53) (442.87) (401,762.40)

INTEREST
10/01/21 UNITED PARCEL SERVICE CORP NOTES
DTD 09/27/2012 2.450% 10/01/2022
10/01/21 911312AQ9 275,000.00 0.00 3,368.75 3,368.75
10/01/21 BB&T CORP (CALLABLE) NOTES
DTD 03/21/2017 2.750% 04/01/2022
10/01/21 05531FAX1 185,000.00 0.00 2,543.75 2,543.75
10/01/21 CA ST TXBL GO BONDS
DTD 10/24/2019 2.400% 10/01/2023
10/01/21 13063DRJ9 190,000.00 0.00 2,280.00 2,280.00
10/25/21 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
10/01/21 3137BGK24 110,000.00 0.00 280.69 280.69
10/25/21 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
10/01/21 3136AJB54 101,135.05 0.00 420.59 420.59
10/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
10/01/21 3137AWQH1 100,000.00 0.00 192.25 192.25
10/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 05/01/2015 2.791% 01/01/2022
10/01/21 3137BHXY8 126,223.51 0.00 293.57 293.57
10/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
10/01/21 3137BLUR7 95,911.02 0.00 217.08 217.08
10/25/21 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
10/01/21 3137BM6P6 95,228.71 0.00 245.21 245.21
10/05/21 MORGAN STANLEY CORP NOTES
(CALLABLE)
DTD 04/22/2021 0.731% 04/05/2024
10/05/21 61772BAA1 100,000.00 0.00 330.98 330.98
10/14/21 FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
10/14/21 3130AJHU6 200,000.00 0.00 500.00 500.00
10/15/21 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
10/15/21 254683CP8 55,000.00 0.00 15.95 15.95
10/15/21 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
10/15/21 65479HAC1 57,420.72 0.00 119.63 119.63
10/15/21 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
10/15/21 44932NAD2 29,621.93 0.00 65.66 65.66

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Item 21.

INTEREST
10/15/21 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
10/15/21 14314QAC8 65,000.00 0.00 28.17 28.17
10/15/21 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
10/15/21 02004WAC5 22,125.71 0.00 53.65 53.65
10/15/21 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
10/15/21 14316NAC3 30,000.00 0.00 8.50 8.50
10/15/21 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
10/15/21 14042WAC4 46,978.15 0.00 98.26 98.26
10/15/21 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
10/15/21 44933LAC7 45,000.00 0.00 14.25 14.25
10/15/21 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
10/15/21 14315XAC2 100,000.00 0.00 157.50 157.50
10/15/21 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
10/15/21 65479KAD2 50,190.48 0.00 121.29 121.29
10/15/21 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
10/15/21 89232HAC9 140,000.00 0.00 193.67 193.67
10/15/21 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
10/15/21 89239BAC5 70,000.00 0.00 15.05 15.05
10/15/21 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
10/15/21 89239AAD5 62,389.99 0.00 151.30 151.30
10/18/21 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
10/18/21 43814WAC9 37,032.10 0.00 87.33 87.33
10/21/21 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
10/21/21 43813RAC1 105,000.00 0.00 140.88 140.88
10/21/21 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
10/21/21 43815MAC0 51,344.96 0.00 107.82 107.82
10/21/21 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
10/21/21 43813GAC5 55,000.00 0.00 12.38 12.38
10/22/21 FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
10/22/21 3135G03U5 620,000.00 0.00 1,937.50 1,937.50
10/24/21 BANK OF AMERICA CORP (CALLABLE)

CORPORAT
DTD 10/21/2020 0.810% 10/24/2024
10/24/21 06051GJH3 150,000.00 0.00 607.50 607.50

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Item 21.

INTEREST
10/31/21 US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
10/31/21 91282CAT8 410,000.00 0.00 512.50 512.50
10/31/21 US TREASURY NOTES
DTD 10/31/2019 1.500% 10/31/2024
10/31/21 912828YM6 195,000.00 0.00 1,462.50 1,462.50
10/31/21 US TREASURY NOTES
DTD 05/01/2017 2.000% 04/30/2024
10/31/21 912828X70 655,000.00 0.00 6,550.00 6,550.00
Transaction Type Sub-Total 4,630,602.33 0.00 23,134.16 23,134.16

PAYDOWNS
10/25/21 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
10/01/21 3136AJB54 7,806.00 7,806.00 0.00 7,806.00 (379.32) 0.00 10/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
10/01/21 3137BLUR7 180.92 180.92 0.00 180.92 (0.45) 0.00 10/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 05/01/2015 2.791% 01/01/2022
10/01/21 3137BHXY8 50,851.24 50,851.24 0.00 50,851.24 (317.82) 0.00 10/25/21 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
10/01/21 3137BM6P6 2,469.36 2,469.36 0.00 2,469.36 (21.03) 0.00 10/15/21 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
10/15/21 65479HAC1 5,278.32 5,278.32 0.00 5,278.32 1.19 0.00 10/15/21 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
10/15/21 89239AAD5 6,656.60 6,656.60 0.00 6,656.60 1.21 0.00 10/15/21 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
10/15/21 14042WAC4 4,954.70 4,954.70 0.00 4,954.70 1.00 0.00 10/15/21 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
10/15/21 44932NAD2 3,999.02 3,999.02 0.00 3,999.02 0.53 0.00 10/15/21 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
10/15/21 02004WAC5 2,754.74 2,754.74 0.00 2,754.74 0.33 0.00 10/15/21 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
10/15/21 65479KAD2 5,506.13 5,506.13 0.00 5,506.13 0.83 0.00 10/15/21 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
10/15/21 89232HAC9 176.05 176.05 0.00 176.05 0.01 0.00
10/18/21 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
10/18/21 43814WAC9 4,910.17 4,910.17 0.00 4,910.17 0.13 0.00

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Item 21.

PAYDOWNS
10/21/21 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
10/21/21 43815MAC0 5,351.69 5,351.69 0.00 5,351.69 0.20 0.00 Transaction Type Sub-Total 100,894.94 100,894.94 0.00 100,894.94 (713.19) 0.00 SELL
10/06/21 IBM CORP BONDS
DTD 01/27/2017 2.500% 01/27/2022
10/04/21 459200JQ5 400,000.00 402,912.00 1,916.67 404,828.67 2,072.00 2,859.82 FIFO Transaction Type Sub-Total 400,000.00 402,912.00 1,916.67 404,828.67 2,072.00 2,859.82 Managed Account Sub-Total 102,487.41 24,607.96 127,095.37 1,358.81 2,859.82 Total Security Transactions $102,487.41 $24,607.96 $127,095.37 $1,358.81 $2,859.82

Page 17 of 17 ends

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Item 21.

STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Andrea J. Carranza, Deputy City Clerk
SUBJECT: Amendment to Committee Member assignment to the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC) to Appoint City Engineer Andrew Simmons.

STAFF RECOMMENDATION:

The recommendation by the City Manager is to appoint City Engineer Andrew Simmons as a member to fill a vacancy on the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC), representing the City of Coachella, with a term to end December 2024.

BACKGROUND:

Created in 1994, IID’s Energy Consumers Advisory Committee provides advice and recommendations to the IID Board of Directors regarding fiscal, strategic planning, and Board policy matters that affect the Energy Department.

The committee is comprised of 20 representatives with diverse backgrounds and expertise. In the Imperial Valley, each director is responsible for the selection of two appointees for his or her division—totaling 10 representatives. The remaining 10 members represent the Coachella Valley; nominated by the cities and the county of Riverside. Indio, Coachella and La Quinta are allowed two nominations each, while Palm Desert and Rancho Mirage share a delegate. Three representatives nominated by the county serve the unincorporated areas. After nomination, the IID board then ratifies each representative.

On December 8, 2021, the City Council approved the annual appointments and committee list, and removed Neftali Galarza and Denise Delgado, Coachella’s two representatives, from the ECAC assignments. Jacob Alvarez was appointed to fill outgoing ECAC Member Galarza’s term, leaving the vacancy on ECAC Member Delgado’s term. This appointment will fill the second vacancy.

ECAC meetings are held at 6:00 p.m. on the first Monday of each month. Meetings alternate between El Centro and La Quinta, and are currently following COVID-19 safety protocols. There is no stipend, but members do receive mileage reimbursement.

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Item 22.

The appointment as Coachella’s representative must reside within the IID electrical service of the Coachella Valley. After Council’s approval, the IID Board will then ratify the representative before the term takes effect.

This assignment to the ECAC does not fall into the category required to update the Fair Political Practices Commission (FPPC) Form 806, as there is no stipend.

FISCAL IMPACT:

There is no fiscal impact to the General Fund
Attachment: IID Boundary Map for the Coachella Valley

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Item 22.

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Item 22.

STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize facility use permit fee waiver for Coachella Valley Community Tax Services.

STAFF RECOMMENDATION:

Authorize facility use fee waiver for Coachella Valley Community Tax Services.

EXECUTIVE SUMMARY:

The Coachella Valley Community Tax Services (CVCTS), a non-profit organization, has submitted a facility use permit and is requesting all permit fees be waived. CVCTS provides free tax services throughout the Coachella Valley. Individuals must income-qualify to be eligible to use the offered services. The requested facility use permit is for a total of 40 different rental dates needed to provide tax services in 2022, starting in February – May 2022; use request totals 323 hours of facility use fees totaling $9,528.50. CVCTS provided their free services to Coachella residents for the last three tax seasons (2019, 2020, 2021) and the services were well received and utilized.

FISCAL IMPACT:

Approval of the recommended action would waive $9,528.50 in facility use fees for the requested permitted use of the Coachella Library and City Hall Council Chambers.

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Item 23.

STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Authorize the City Manager to execute Professional Services Agreements with RG Planning Consultants and Terra Nova Planning & Research for Professional Planning Consultant Services.

STAFF RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute the attached Professional Services Agreements with RG Planning Consultants and Terra Nova Planning & Research for On-Call Professional Planning Consultant Services.

BACKGROUND:

On October 13, 2021, the City Council authorized the Development Services Department to advertise a Request for Qualifications (RFQ) for Professional Planning Consultant Services to assist with Project Management/Entitlements, Long Range Planning, Environmental Review Analysis, Fiscal Impact Analysis, Design Review, and Landscape Architecture. The City received fourteen planning consultant proposals and City Staff qualified all fourteen consultants after a review of their qualification based on the RFQ evaluation criteria. City staff added the fourteen consultants to a qualified list that the will be used by staff on an as needed basis for professional planning services.

DISCUSSION/ANALYSIS:

Attached to this staff report are Professional Services Agreements for RG Planning Consultants and Terra Nova Planning & Research to provide on-call professional planning consultant services for a term of 3 years until 2025. Both consultants will provide assistance with project management to the Planning Division. In addition to project management experience, Terra Nova Planning & Research also has specialized expertise in environmental review services. RG Planning Consultants currently provides project management support for the Desert Lakes Specific Plan project and will continue to provide such support under the professional services agreement.

ALTERNATIVES:

1. Authorize the City Manager to execute Professional Services Agreements with RG Planning Consultants and Terra Nova Planning & Research.

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Item 24.

2. Continue this item and provide staff direction.

FISCAL IMPACT:

The fiscal impact of this action cannot be directly determined. Planning services from the planning consultants will be secured on an as needed basis based on the fee schedule provided in the PSA.

The Desert Lakes Specific Plan project has provided a deposit to the City of Coachella to pay for project management services provided by RG Planning Consultants. Costs will be paid from City Council approved appropriations either through the approved annual budget or through specific appropriation action.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as noted above.

Attachment:

1. Professional Services Agreement (PSA) with RG Planning Consultants

2. Professional Services Agreement (PSA) with Terra Nova Planning & Research

Page 229 ends

Item 24.
80237.00000\34369633.1
BB&K (2021) -1- PROFESSIONAL SERVICES AGREEMENT–ON CALL

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

FOR REOCCURRING AS NEEDED SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 26th day of January, 2022, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and RC Planning Consultants with its principal place of business at 7008 Edgewild Drive ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing project management/entitlement services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the current planning project management ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 27, 2022 to January 27, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth

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Item 24.
80237.00000\34369633.1
BB&K (2021) -2- PROFESSIONAL SERVICES AGREEMENT–ON CALL in Exhibit "C" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.

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3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
 Ron Goldman, President

3.3.5 City's Representative. The City hereby designates Gabriel Perez, Development Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Ron Goldman, President or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any

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BB&K (2021) -4- PROFESSIONAL SERVICES AGREEMENT–ON CALL employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the

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BB&K (2021) -5- PROFESSIONAL SERVICES AGREEMENT–ON CALL employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

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BB&K (2021) -6- PROFESSIONAL SERVICES AGREEMENT–ON CALL subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

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BB&K (2021) -7- PROFESSIONAL SERVICES AGREEMENT–ON CALL 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

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BB&K (2021) -8- PROFESSIONAL SERVICES AGREEMENT–ON CALL shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations

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BB&K (2021) -9- PROFESSIONAL SERVICES AGREEMENT–ON CALL to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

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3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by

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BB&K (2021) -11- PROFESSIONAL SERVICES AGREEMENT–ON CALL the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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BB&K (2021) -12- PROFESSIONAL SERVICES AGREEMENT–ON CALL Consultant: RG Planning Consultants
7008 Edgewild Drive
Riverside, CA 92506
ATTN: Ron Goldman
City: City of Coachella
1515 6th Street
Coachella, CA 92236
ATTN: Gabriel Perez, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or

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BB&K (2021) -13- PROFESSIONAL SERVICES AGREEMENT–ON CALL another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,

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3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR REOCCURRING

AS NEEDED SERVICES BETWEEN THE CITY OF COACHELLA AND
RG Planning Consultants
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF COACHELLA RG Planning Consultants
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Gabriel D. Martin, Ph.D.

City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT "B"

SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: On-Call Planning Services with RG Planning Consultants Consultant: RG Planning Consultants
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF COACHELLA RG Planning Consultants
Dated: Dated:

By: By:

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COMPENSATION

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CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

FOR REOCCURRING AS NEEDED SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 26th day of January, 2022, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and Terra Nova Planning and Research with its principal place of business at 42-635 Melanie Place, Suite 101, Palm Desert, CA 92211 ("Consultant").

City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing planning and environmental services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the current planning project management, long range planning and environmental review analysis projects ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

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BB&K (2021) -3- PROFESSIONAL SERVICES AGREEMENT–ON CALL personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.6 Consultant's Representative. Consultant hereby designates Nicole Saviat Criste, Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards

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BB&K (2021) -4- PROFESSIONAL SERVICES AGREEMENT–ON CALL generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

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3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

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BB&K (2021) -9- PROFESSIONAL SERVICES AGREEMENT–ON CALL (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.4 Labor Code Requirements.

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BB&K (2021) -10- PROFESSIONAL SERVICES AGREEMENT–ON CALL officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.5 Termination of Agreement.

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3.6 Indemnification.

3.7 General Provisions.

3.7.2 Independent Contractors and Subcontracting.

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Consultant: Terra Nova Planning & Research
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
ATTN: Nicole Saviat Criste
City: City of Coachella
1515 6th Street
Coachella, CA 92236
ATTN: Gabriel Perez, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

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BB&K (2021) -13- PROFESSIONAL SERVICES AGREEMENT–ON CALL Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

Consultant shall not subcontract any portion of the Services required by this Agreement, except

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3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR REOCCURRING

AS NEEDED SERVICES BETWEEN THE CITY OF COACHELLA AND

TERRA NOVA PLANNING & RESEARCH
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF COACHELLA Terra Nova Planning & Research
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Gabriel D. Martin, Ph.D.

City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT "B"

SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: On-Call Planning Services with Terra Nova Planning & Research Consultant: Terra Nova Planning & Research
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

CITY OF COACHELLA Terra Nova Planning &Research
Dated: Dated:

By: By:

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COMPENSATION

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City of Coachella Building Activity Report
OCTOBER 2021
Permits Current Month Past Month This Month Last
Year
This Year to Date Last Year to Date
Res. Solar Panels 18 30 19 144 117
Misc. Building Permits 47 40 27 382 309
Residential Additions 2 1 4 23 20
Single Family Dwellings 0 0 26 133 126
Commercial Bldgs. 0 0 1 9 9
Commercial Ten. Improv 1 2 1 12 11
Multi- Family Units 0 0 105 105 105
Plan Check 1 0 78 573 234
TOTALS 69 73 261 1381 931
Revenue Fees
Building Fees $19,350.50 $19,809.00 $74,741.00 $428,312.25 $408,961.75 Dev. Impact Fees $0.00 $0.00 $1,147,878.74 $3,124,280.41 $3,124,280.41 Sewer &Water Fees $0.00 $82,330.81 $629,375.03 $1,659,584.64 $1,659,584.64 Misc. (TUMF, MSF, FIRE) $0.00 $0.00 $73,285.38 $344,814.49 $344,814.49 Plan Check $9,590.50 $12,127.00 $19,780.00 $133,590.01 $123,999.51 Cert of Occupancy $0.00 $0.00 $6,144.00 $35,584.00 $35,584.00 SB1473 $182.95 $225.50 $708.00 $2,737.95 $2,555.00
TOTALS $29,123.95 $114,492.31 $1,951,912.15 $5,728,903.75 $5,699,779.80 1% Construction Tax $0.00 $0.00 $157,209.61 $480,769.30 $480,769.30 Strong Motion Instr. $806.19 $1,110.17 $3,821.92 $11,000.25 $10,194.06 TOTALS $806.19 $1,110.17 $161,031.53 $198,203.23 $490,963.36 Valuations $5,407,038.17 $19,809.00 $16,322,872.34 $48,107,763.23 $42,700,725.06 Inspections
General 546 539 539 2108 3644
Final Single Family 0 7 6 59 90
Final Multi Family 0 0 0 0 0
Final Commercial 0 0 10 5 15
Final Miscellaneous 51 41 53 99 348
Final Solar 13 19 10 57 174
Code Enforcement Insp. 23 23 19 82 237
TOTALS 633 629 637 2410 0
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9104
Submitted by:

Rosa Montoya
Development Services Technician

Page 273 ends

Item 25.

City of Coachella Building Activity Report
NOVEMBER 2021
Permits Current Month Past Month This Month Last
Year
This Year to Date Last Year to Date
Res. Solar Panels 6 18 9 150 126
Misc. Building Permits 46 47 26 428 335
Residential Additions 10 2 1 33 21
Single Family Dwellings 0 7 7 133 133
Commercial Bldgs. 0 0 0 9 9
Commercial Ten. Improv 2 1 0 14 11
Multi- Family Units 0 0 0 105 105
Plan Check 0 1 44 573 572
TOTALS 64 76 87 1445 1312
Revenue Fees
Building Fees $21,087.00 $19,350.50 $25,339.00 $449,399.25 $434,300.75 Dev. Impact Fees $0.00 $0.00 $113,960.28 $3,124,280.41 $3,238,240.69 Sewer &Water Fees $86,636.47 $0.00 $56,628.11 $1,746,231.11 $1,716,212.75 Misc. (TUMF, MSF, FIRE) $0.00 $0.00 $16,170.00 $344,814.49 $360,984.49 Plan Check $12,456.70 $9,590.50 $6,333.00 $146,046.71 $130,332.51 Cert of Occupancy $0.00 $0.00 $2,048.00 $35,584.00 $37,632.00 SB1473 $110.00 $182.95 $118.00 $2,847.95 $2,673.00
TOTALS $120,290.17 $29,123.95 $220,596.39 $5,849,267.92 $5,920,376.19 1% Construction Tax $150.00 $0.00 $20,850.86 $480,919.30 $501,620.16 Strong Motion Instr. $3,160.02 $806.19 $305.18 $14,160.47 $10,499.24 TOTALS $3,310.02 $806.19 $21,156.04 $494,929.77 $512,119.40 Valuations $12,674,142.79 $5,407,038.17 $2,027,317.72 $55,374,867.85 $44,728,042.78 Inspections
General 568 546 548 776 4192
Final Single Family 11 0 10 70 100
Final Multi Family 0 0 0 0 0
Final Commercial 0 0 15 5 30
Final Miscellaneous 59 51 61 158 409
Final Solar 24 13 15 81 189
Code Enforcement Insp. 27 23 14 109 251
TOTALS 689 633 663 1199 5171
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9104
Submitted by:

Rosa Montoya
Development Services Technician

Page 274 ends

Item 25.

City of Coachella Building Activity Report
DECEMBER 2021
Permits Current Month Past Month This Month Last
Year
This Year to Date Last Year to Date
Res. Solar Panels 2 6 0 152 126
Misc. Building Permits 31 46 25 459 360
Residential Additions 2 10 2 35 23
Single Family Dwellings 14 0 29 147 162
Commercial Bldgs. 0 0 0 9 9
Commercial Ten. Improv 0 2 0 14 11
Multi- Family Units 0 0 0 105 105
Plan Check 0 0 37 273 609
TOTALS 49 64 93 1194 1405
Revenue Fees
Building Fees $41,133.00 $21,087.00 $25,339.00 $490,532.25 $434,300.75 Dev. Impact Fees $228,162.35 $0.00 $113,960.28 $3,352,442.76 $3,238,240.69 Sewer &Water Fees $121,410.52 $86,636.47 $56,628.11 $1,867,641.63 $1,716,212.75 Misc. (TUMF, MSF, FIRE) $32,340.00 $0.00 $16,170.00 $374,154.49 $360,984.49 Plan Check $7,933.50 $12,456.70 $6,333.00 $153,980.21 $130,332.51 Cert of Occupancy $3,584.00 $0.00 $2,048.00 $39,168.00 $37,632.00 SB1473 $216.36 $110.00 $118.00 $3,064.31 $2,673.00
TOTALS $434,779.73 $120,290.17 $220,596.39 $6,277,448.65 $5,920,376.19 1% Construction Tax $42,668.74 $150.00 $20,850.86 $523,588.04 $501,620.16 Strong Motion Instr. $589.96 $3,310.22 $305.18 $14,750.43 $10,499.24 TOTALS $43,258.70 $3,460.22 $21,156.04 $538,338.47 $512,119.40 Valuations $2,027,317.72 $12,674,142.79 $2,027,317.72 $57,402,185.57 $44,728,042.78 Inspections
General 521 568 526 1297 4170
Final Single Family 10 0 16 80 106
Final Multi Family 0 0 0 0 0
Final Commercial 0 0 0 5 15
Final Miscellaneous 43 51 41 201 389
Final Solar 21 13 13 102 187
Code Enforcement Insp. 16 23 13 125 250
TOTALS 611 655 609 1810 0
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9118
Submitted by:

Rosa Montoya
Development Services Technician

Page 275 ends

Item 25.

Name Cesar Lucrecio Date Submitted
Department Finance
Period 10/1/2021 - 12/31/2021
Revenue Account Description of Revenue 2022 Total Budget 2Q 2022 Revenue Last Quarter Totals Year-to-date 2022 Revenues (Over)/Under Budget
101-11-110-10-315-000 Annual Registration Tax $ 25,000.00 $ 3,720.00 $ 1,720.00 $ 5,440.00 $ 19,560.00 101-11-110-10-316-000 Business Licensee Fee 570,000.00 52,362.26 20,280.57 72642.83 497,357.17 101-11-110-10-319-000 Penalties Revenue 3,500.00 - 335.36 335.36 3,164.64 240-12-110-40-342-000 Uniform Fire Code Fee 100,000.00 5,350.00 3,540.00 8890 91,110.00 101-11-110-10-325-000 SB-1186- State Tax 4,000.00 776.00 348.00 1124 2,876.00 101-11-110-10-322-000 Transient Occupancy Tax 140,000.00 149,426.54 73,905.84 223332.38 (83,332.38) 101-11-110-10-332-000 Cannabis - Cultivation - 264,711.17 93,243.00 357954.17 (357,954.17) 101-11-110-10-333-000 Cannabis - Manufacturing 7,000.00 814.00 991.21 1805.21 5,194.79 101-11-110-10-335-000 Cannabis - Retail 593,000.00 147,796.45 4,133.42 151929.87 441,070.13 101-11-110-10-336-000 Cannabis - Distribution 400,000.00 20,912.92 456.02 21368.94 378,631.06 Total $ 1,842,500.00 $ 645,869.34 $ 198,953.42 $ 844,822.76 $ 997,677.24 1/26/2022
Business Licensee Report

Page 276 ends

Item 25.

CITY OF COACHELLA
53-990 ENTERPRISE WAY
COACHELLA CA 92236

CODE ENFORCEMENT &

ANIMAL CONTROL

QUARTERLY REPORT
Oct. 1, 2021 to Dec. 31, 2021
Prepared By:

Jessica Navarro Page 277
Item 25.

Code Enforcement Summary Report
Report Criteria:

Status
Assigned
To
Census
Tract Violation Initiation Open Date Range
Follow up Date
Range
Close Date
Range
All All All All From 10/01/2021 To
12/31/2021 From To From To
CE Totals
Total Closed Cases Open Cases
Totals 112 90 22
CE Cases by Employee
Total Closed Cases Open Cases
24 19 5
88 71 17
112 90 22
CE Cases by Violation
Violation
Total
Violations
Closed
Violations
Open
Violations
7 6 1

10.08.060 - Working on parked vehicles 3 3 0

10.20.010(18)Abandoned/Inoperable/Dismantled vehicle(s). 12 10 2

12.12.050 - Duty to maintain sidewalks. 0 0 0

12.16.030 - Permit required/CURB CUTS AND DRIVEWAYS 0 0 0

12.42.030 - Unlawful camping. 12 10 2

12.42.040 - Storage of personal property on public property. 2 2 0

13.03.044 Wasting water prohibited. 0 0 0

13.03.208 - Access to water meter. 0 0 0

13.03.306 Expiration or Extension of Permit 0 0 0

15.04.020 (A) Concrete Flat Work, Shades & Storage Containers 1 0 1

15.44.010 Building Numbering/Required 0 0 0

15.60.010 Building Permit Required 6 3 3

15.60.050 - Substandard buildings and housing. 0 0 0

15.66.010 Seizmic Hazard Mitiagtion 0 0 0

17.16.020 - Permitted uses. 0 0 0

17.16.030(C)(5)-Property development standards. Walls/Fences 1 1 0

17.48.020 Display of merchandised out of doors. 0 0 0

17.54.010 (N)(2) Parking and Storage in Residential Zones. 9 8 1

17.54.010.(N)(3) 0 0 0

Page 278 ends

Item 25.

17.54.020 - Permitting of certain garage conversions to residential living space ("garage conversions"). 1 1 0

17.56.010(J)(2)(B) - Signs 1 1 0

17.58.010 - Home occupations 1 1 0

17.60.010 (F)(4) Accessory structures 0 0 0

17.60.010 (G) - Trailers Outside Camps 0 0 0

17.60.010 - Property development standards. (Fence) 1 0 1

17.60.010 Property Development Standards 9D)(3)(a) Yards 0 0 0

17.60.010(3)(e) Development Standards 0 0 0

17.74.010 (D)(3) Conditional Uses 0 0 0

17.84 Medical Cannabis Dispensaries. 0 0 0

17.84 Medical Cannabis Dispensaries. 17.84.030 - Prohibited activities. 0 0 0

17.84 Medical Cannabis Dispensaries. 17.84.040 - Prohibited activities declared a public nuisance. 0 0 0

17.84 Medical Cannabis Dispensaries. 17.84.050 Penalties for Violations 0 0 0

2.08.060 (A) - Political sign regulations. 0 0 0

2.08.060 (B) - Political sign regulations 0 0 0

2.08.060 (C) - Political sign regulations 0 0 0

2.08.060 (D) - Political sign regulations 0 0 0

2.08.060 (E) - Political sign regulations 0 0 0

3.10.010 (D) (16) Visibility Hazard 0 0 0

3.10.010 (D) (27) Public Burning 0 0 0

3.10.010 (D)(10) Termites, Insects, Vermin or Rodents. 0 0 0

3.10.010 (D)(12) Abandon or Vacated Building/Structure 0 0 0

3.10.010 (D)(13) Offensive Odors 0 0 0

3.10.010 (D)(15) Hazardous Substances and Waste 6 5 1

3.10.010 (D)(18) 0 0 0

3.10.010 (D)(19) 0 0 0

3.10.010 (D)(20) Swmng Pools, Ponds and Other Bodies of Wtr. 1 1 0

3.10.010 (D)(23)Public Nuisances/Safety Hazard 12 9 3

3.10.010 (D)(24) Disruptive Activities 2 2 0

3.10.010 (D)(25) Land Use Entitlements. 0 0 0

3.10.010 (D)(3) Weeds 4 4 0

3.10.010 (D)(31) Animal Manure 0 0 0

3.10.010 (D)(36) Signs 0 0 0

3.10.010 (D)(38) - Maintenance and abatement of nuisances. 1 1 0

3.10.010 (D)(4) - Trees and Shrubs 4 4 0

Page 279 ends

Item 25.

3.10.010 (D)(44)Public Nuisances/Rubbish, Refuse and Dirt 17 8 9

3.10.010 (D)(8) -Maintenance of Private Driveways 0 0 0

3.10.010(35) Water Disp[osal 0 0 0

3.10.010(D)(11)-Sewage. 0 0 0

3.10.010(D)(15)-Hazardous Substances and Waste. 0 0 0

3.10.010(D)(16)-Visibility Hazard. 0 0 0

3.10.010(D)(19)-Visual Blight 11 10 1

3.10.010(D)(20)-Swmng Pools, Ponds and Other Bodies of Wtr. 0 0 0

3.10.010(D)(21)-Public Toilets. 0 0 0

3.10.010(D)(22)-Privies. 0 0 0

3.10.010(D)(25)-Land Use Entitlements. 0 0 0

3.10.010(D)(27)-Public Burning. 0 0 0

3.10.010(D)(28)-Air Pollution. 0 0 0

3.10.010(D)(29) Mosquito Breeding Places. 1 1 0

3.10.010(D)(30)Discharge of Sewage 0 0 0

3.10.010(D)(31)-Animal Manure 0 0 0

3.10.010(D)(32)-Hauling of Offensive Substances 0 0 0

3.10.010(D)(33)-Clothes Lines. 0 0 0

3.10.010(D)(34)Stormwater Drainage 0 0 0

3.10.010(D)(35)-Water Disposal. 2 2 0

3.10.010(D)(36)-Signs. 0 0 0

3.10.010(D)(37)-Encroachment. 0 0 0

3.10.010(D)(38)-Municipal Code Violations. 0 0 0

3.10.010(D)(39)-California Civil Code. 0 0 0

3.10.010(D)(40)-California Red Light Abatement Act. 0 0 0

3.10.010(D)(41)-California Drug Abatement Act. 0 0 0

3.10.010(D)(42)-State Housing Law. 0 0 0

3.10.010(D)(43)-Weed Abatement. 0 0 0

3.10.010(D)(6)Parking on Yard Off Driveway 0 0 0

3.10.010(D)(7) Occupied Vehicles 2 2 0

3.16.090 - Failure to comply with notice of violation. 9 2 7

5.80.100 - Operational requirements and performance standards established. (Short Term Rentals) 0 0 0

7.04.040 - Prohibited noise generally. 1 1 0

8.20.040(C)Dust Control requirements 0 0 0

8.44.010 - Collection by city or agent only. 0 0 0

8.44.070 Commercial Garbage Collection and Disposal 0 0 0

Page 280 ends

Item 25.

8.48.030 (B)Graffiti Prohibted 2 2 0

8.60 - REGISTRATION AND MAINTENANCE OF ABANDONED PROPERTIES 0 0 0

8.60.040 Registration of Abandoned Property 0 0 0

8.60.050 - Abandoned Property Maintenance requirements. 0 0 0

8.64.050 - Vacant Property Maintenance Requirements 1 0 1 Abandoned/Inoperable/Dismantled vehicle(s) 3 3 0
Business License Required 4 4 0
Business Subject to Miscellaneous Tax Rates/Transportation, Trucking and Towing 0 0 0
Display of merchandise out of Door 0 0 0
Garbage Containers 4 3 1
Illegal Dumping 6 5 1
Illegal, Nonconform. Building or Structure(s) 2 1 1
Manner of Parking /Parallel Parking 2 2 0
Manner of Parking/Angle Parking 0 0 0
Manner of Parking/Commercial Vehicles Prohibited from Parking on Private Property and Public Rights-of-Ways 3 3 0
NEC 380-9 Electrical, (e) Outlet faceplates/covers in place 0 0 0 NFPA 13-4-2.5.1 Automatic Fire Sprinklers Systems,(c) 18" clearance below heads 0 0 0
Parking on yard/off driveway 6 5 1
Parking Requirements/General Provisions 0 0 0
Parking Requirements/Surface of Parking Area 0 0 0
Permit for Outdoor Advertising Signs 0 0 0
Prkg. Lot Striping/Handicap Markings 0 0 0
Prohibited Stopping, Standing or Parking/On a Crosswalk 0 0 0 Prohibited Stopping, Standing or Parking/Within an Intersection 0 0 0 Property Development Standards/Maintenance 0 0 0
Public Nuisances / Animals 3 3 0
Public Nuisances / Attractive Nuisances 6 4 2
Public Nuisances / Fire Hazard 6 6 0
Public Nuisances / Landscaping 3 2 1
Public Nuisances / Trees and Shrubs 8 7 1
Service Stations/Intent and Purpose 0 0 0
Service Stations/Landscaping 0 0 0
Service Stations/Parking 0 0 0
Set up Temporary Sales Location 0 0 0

Page 281 ends

Item 25.

Signs-All signs and sign programs shall be subject to review and approval 0 0 0 Special Event/Sales Permit Required 0 0 0
Special Event/Sales Signs 0 0 0
Stopping, Standing and Parking/Public or Private Driveway 2 2 0 Stopping, Standing or Parking/Sidewalk 6 5 1
Termites, Insects, Vermin or Rodents 0 0 0
Termites, Insects, Vermin or Rodents 0 0 0
Title 19, Subchapter 5-Hood and Duct Systems,(a)Serviced within 6 months 0 0 0 Trimming palm trees--Required 3 3 0
UBC 3304(c)-"This Door To Remain Unlocked During Business Hours" 0 0 0 UBC 3313(b)-(f) Emergency lighting operable 0 0 0
UBC 3314(c)-(b) Illuminated EXIT sign operable 0 0 0
UBC 3315(b)-(c) 44' clear access aisle width to exits 0 0 0 UFC 10.206(a)-(b) Obstruction 0 0 0
UFC 10.206(b)-Hydrant,(c) Red curb-15' each side 0 0 0
UFC 10.207(1)-Fire Apparatus Access Roads,(a) Red curb on signs 0 0 0 UFC 10.207-Fire Apparatus Access Roads.(b) Obstruction 0 0 0 UFC 10.208(a)-Premises Identification, 0 0 0
UFC 10.301(a)-Fire Extinguishers,(a) Minimum 2A10BC 0 0 0 UFC 10.301(a)-Fire Extinguishers,(e) Commercial kitchen 40BC. 0 0 0 UFC 10.302(a)-Fire Extinguishers,(b) Servicing due 0 0 0 UFC 10.313(b)-Hood and Duct Systems,(b) Proper nozzle position, caps, coverage
0 0 0
UFC 10.313(c)-Hood and Duct Systems,(c) Automatic gas/electric shut off 0 0 0 UFC 10.313(e) 0 0 0
UFC 10.313(e)-Hood and Duct Systems,(d) Fuseable links, cables, conduits 0 0 0 UFC 10.401 0 0 0
UFC 10.401-Walls and Ceilings,(a) Holes sealed 0 0 0
UFC 10.402(a)-Exits,(e) Maintain fire rated doors, windows, dampers, and hardware 0 0 0
UFC 11.201(b)-General Housekeeping,(a) Rubbish/trash buildup 2 1 1 UFC 11.203(b)-General Housekeeping,(d) Storage not within 24" of ceiling 0 0 0 UFC 11.203(c)-General Housekeeping,(g) Storage in boiler, mech., elect. panel rooms prohibited 0 0 0
UFC 11.205(a)-General Housekeeping,(h) Candles used in approved manner 0 0 0 UFC 12.103(a)-Exits,(d) Exit obstruction 0 0 0
UFC 12.106(c)-General Housekeeping,(e) Storage under stairs prohibited 0 0 0

Page 282 ends

Item 25.

UFC 12.203(a)-Occupant Limit/Sign,(a) Occupant load sign(s) posted 0 0 0 UFC 12.207-General Housekeeping,Storage in attic space prohibited 0 0 0 UFC 13.103-Occupant Limit/Sign,(b) Required NO SMOKING signs 0 0 0 UFC 74.107(a) 0 0 0
UFC 79-201(e)-Flammable Liquids -(a) Approved safety cans under 10 gal. 0 0 0 UFC 79.107-Flammable Liquids,(c) Legible labeling 0 0 0 UFC 79.201(e)-Flammable Liquids,(b) Approved cabinet exceeding 10 gal. 0 0 0 UFC 85.104 (c)-Electrical,(c) Abatement of electrical hazards 1 1 0 UFC 85.104 (f)-Electrical,(f) Cover open space in circuit breaker panel 1 1 0 UFC 85.106-Electrical,(d) Exten. cords not allowed as permanent wiring 2 2 0 UFC 85.107-Electrical,(a) Zip cords/cube adapters not allowed 0 0 0 UFC 85.108-Electrical,(b) Min. 30" clear access to circuit breaker 0 0 0 UFC Stand. No. 10-1-6.9-Fire Extinguishers,(c) Mounted 3-5 feet from floor 0 0 0 UFC Standard No. 10-1-6.5-Fire Extinguishers,(d) Obstruction 0 0 0 UMC 504(a)-General Housekeeping,(c) 36" clearance around water heater 0 0 0 Weed Abatement 15 7 8
Totals 221 170 51

Page 283 ends

Item 25.

County of Riverside
Department of Animal Services
Coachella City 2nd Quarter Field Service Report
Field Services Impound Statistics Dec-21 QTR 10/1/2021 - 12/31/2021) Field Services Activities Dec-21 QTR 10/1/2021 - 12/31/2021) Total Canines Impounded 24 73 Number of Requests for Service 74 185 Owner Turn-Ins 0 0 Number of Animal Bite Calls 4 12
Stray 23 71
Dead on Arrival 1 2 Number of sick/injured animal calls 6 18 Total Felines Impounded 12 68 Vicious Animal (imminent danger) 12 29 Owner Turn-Ins 0 0 Cruelty/Neglect Calls 3 4
Stray 4 48
Dead on Arrival 8 20 Total Citations 6 16
Total Other Animals Impounded 2 5 Total Licenses 47 139 Owner Turn-Ins 0 0 Number of Nuisance animal Complaints 1 1 Stray 0 2
Dead on Arrival 2 3
compiled on: 1/19/2022 as of 1/19/2022 11:05 AM Page 284 Item 25.
*Cannabis-related businesses/developments are identified in green text.

City of Coachella
Development Status Report
January, 2022

Prepared By:

Development Services Department
Gabriel Perez, Development Services Director
Nikki Gomez, Associate Planner
Rosa Montoya, Planning Technician
Jocelyn Kane, Cannabis Liaison
Coachella Permit Center
53-990 Enterprise Way
Coachella, CA 92236
(760) 398-3102 Fax (760) 398-5421
www.coachella.org

Page 285 ends

Item 25.

City of Coachella
Development Status Report
January 2022
2 Case No. Name / Description Location Contact Person Approval Date & Status AR
EA
14-02
14-03
Double Date Packing Facility
Construct new 35,500 sq. ft.
date packing facility
86301 Industrial Way
APN 763-131-061
Steven Gilfenbain
9777 Wilshire Blvd., #900
Beverly Hills, CA. 90212
(310) 651-2591
PC approved 12/17/14
1st Phase Complete
AR 16-04 Truck Storage
To develop a vehicle storage
yard in the M-S Zone on 3.10
acres.
49-640 Oates Lane Julia Molinar
P.O. Box 3091
Indio, CA. 92201
(760) 578-2108
PC Approved 4/20/16
1st Phase Complete (Off-site
improvements pending)
AR
TPM
CZ
EA
CUP
DA
16-19
37209
16-03
16-06
290
Date Palm Business Park
To subdivide 80 acres into a
multi-tenant industrial park.

East of Harrison Street,
North and South of
Avenue 49
Wesley Ahlgren
Sundate/Anthony Vineyards
P O Box 9578
Bakersfield CA
93389-9578
(760)406-4060
PC Approved 10/18/17
CC Approved 12/13/17
PC Approved (DA) 12/20/18
CC Approved (DA) 1/17/18
CC - 1st Final Map 9/14/20
AR
DA
17-07 Glenroy Resort - Project A
To construct a 76-unit
Bungalow-Style Hotel with
160,656 sq. ft. on 24.43 acres
in the CG zone.

SE Corner of Avenue 48
and Van Buren Street
Glenroy Coachella, LLC
1801 S. La Cienega Blvd.

Los Angeles CA 90035
(310) 207-6990
PC Approved 6/7/17
CC Approved (DA) 10/11/17
(Ord 1110)
Construction Stalled
AR
CZ
VAR
17-12
17-02
17-06
Coachella Village
To construct a new 242-unit
multifamily residential
project on 9.69 acres
South side of Ave 48,
west of Van Buren St
David Schuman
Coachella Village Partners, LLC
1014 S. Westlake Bl Ste 14
Westlake Village CA 91361
(213)321-9689
PC Approved 11/15/17
CC Approved 1/17/18
Plans Approved
AR 18-05 Coachella Village - Phase #2
To construct a new 110-unit
multifamily residential gated
community on 4.51 acres of
vacant land.

South side of Ave 48,
west of Van Buren St
David Schuman
Coachella Village Partners, LLC
1014 S. Westlake Bl Ste 14
Westlake Village CA 91361
(213)321-9689
PC Approved 10/17/18
Plans Approved
AR 18-10 Golden State Energy Services NE Corner Polk St. and Golden State Energy Services Plans Approved

Page 286 ends

Item 25.

City of Coachella
Development Status Report
January 2022
3 (Admin) Construct new electrical
substation
Industrial Way 3421 Gato Ct.

Riverside CA 92507
(951) 906-9865
AR 18-11 Pueblo Viejo Plaza
Construct new 6,900 sq. ft.
commercial center with two
restaurants and retail suite.

Northwest corner of 9th
St. and Grapefruit Blvd.

Pedro Padilla
49305 Grapefruit Blvd
Coachella, CA. 92236
(760) 972-2441
PC Approved 4/17/19
Under Construction
AR 19-01 Oraway Engineering
To construct a new
825 sq. ft. office and
contractor yard on 2.89 acres.
54-101 Enterprise Way Armando Bravo
83-850 Corte Solis
Coachella, CA. 92236
(760) 791-4383
PC Approved 4/17/19
Under Construction
AR 19-02 Guardado Commercial
Center
To construct a new 22,300
sq. ft. multi-tenant
retail/office complex on 1
acre
Southeast Corner of
Valley Rd. and Cesar
Chavez Street
Jual Carlos Guardado
82204 Hwy 111 Ste A
Indio, CA. 92201
(760) 578-3669
PC Approved 8/7/19
In Plan Check
AR 19-03
(Admin)
Vista Escondida – Phase 3
Review of 3 production home
models ranging in size from
1,378 sq. ft. to 1,874 sq. ft.

North side of Avenue 54
east of Cesar Chavez
Street (Tract 32264)
Mario Alberto Ornelas
2280 Wardlow Circle Ste 100
Corona CA 92880
Approved 8/27/19
Under Construction
AR
CZ
19-06
19-01
Villa Verde Apartments
To construct 152 multifamily
apartments on 9.25 acres of
vacant land.
84-824 Calle Verde
(SW Corner of Calle
Techa & Calle Verde)
Villa Verde I., LP
1149 S. Hill St Suite 700
Los Angeles CA 90015
(213) 255-2815
Director Approved 2/20/20
AR 19-08 Pueblo Viejo Villas
To construct of new 3-story
mixed use building with 105
dwelling units and 3,000 sq.
ft. of commercial and Transit
NE Corner of Cesar
Chavez Street, and 6th St
Dave Davis
Chelsea Investment Corp
6339 Paseo Del Lago
Carlsbad CA 92011
(619)987-7780
PC Approved 1/15/20
Under Construction

Page 287 ends

Item 25.

City of Coachella
Development Status Report
January 2022
4 Hub
AR
TPM
19-10
37833
CV Apartments
To demolish 50 dwellings
and construct 110 new
multifamily apartments with
community building, in two
phases with a lot split
sudivision.
84-900 Bagdad Avenue Vincent Nicholas
Community Housing Opportunities
5030 Business Center Drive Suite
Fairfield CA 94534
(707)759-6043 ext. 112
PC Approved 2/5/20
CC Approved 3/11/20
Final Map Recorded
In Plan Check
AR 19-11
(Admin)
Valencia by Pulte Homes
Review of 3 production home
models ranging in size from
1,959 sq. ft. to 2,824 sq. ft.

East side of Van Buren
Street south of Avenue
50 (Tract 31698)
Cole Theel
Pulte Homes
27-401 Los Altos
Mission Viejo CA 92691
Director Approved 2/14/20
Completed
AR 20-05
(Admin)
New SFR Home
Construct new 1,775 sq. ft. 4
bedroom, 2 bath homes with
attached garage
52878 Calle Camacho Juan Carlos Lopez
52443 Calle Avila
Coachella CA 92236
(760)619-8680
Director Approved 8/13/20
AR 20-10
(Admin)
Meza Storage Shed
Construct new 6,000 sq. ft.
storage shed on the site of a
wholesale palm tree nursery.

Southeast Corner of
Vista Del Sur and Tyler
Street
Nicolas Meza
50580 Calle Mendoza
Coachella CA 92236
(760)541-9034
Director Approved 2/10/21
AR 21-01
(Admin)
Nova Homes DBA Inland
Builders
Review of three (3)
production homes for final
phase of Rancho Mariposa
NW Corner of Ave. 50
and Frederick Street
Nicolas Meza
50580 Calle Mendoza
Coachella CA 92236
(760)541-9034
Pending
AR 21-02
(Admin)
Cathron Residence
Construct new 1,659 sq. ft.
single family residence with
84-499 Calle Cathron Gabriel Gonzalez
43-738 Commanche St
Indio CA 92201
Pending

Page 288 ends

Item 25.

City of Coachella
Development Status Report
January 2022
5 attached garage. (760)574-0601
AR 21-04 Ocean Mist Proposed 3.99
acre outdoor box storage
86709 and 86790 Ave
52 Christopher Drew
52300 Enterprise Way
Coachella, CA 92236
Admin. Approval 8/18/21
AR 21-06 29 Palms Band of Mission
Indians Temporary Event
Parking Proposed event
parking on 26 acres.

Portion of Planning
Area 1 of the Shadow
View Specific Plan
(APN 603-102-021,
603-110-016, 603-102-
029, 603-102-037, 603-
102-003, 603-102-002)
Twenty Nine Palms Band of Mission
Indians
46-200 Harrison Place
Coachella, CA 92236
Pending
Application deemed
incomplete
CZ
EA
20-07
20-04
B-4 Ranch Change of Zone
City-Initiated Change of
Zone for 5th Cycle Housing
Element
North side of Ave. 52,
east and west of
Education Way
City of Coachella
53-990 Enterprise Way
Coachella, CA 92236
(760) 398-3502
PC Recommended Approval
05-05-21
CC approved 6/9/21
CUP
AR
254
(Mod)
12-07
Gateway AM/PM Project
Construct carwash, drive-thru
restaurant modification
Southwest corner of
Ave. 48 and Grapefruit
Blvd.

The Chandi Group USA
P.O. Box 2817
Indio, CA. 92202
(760) 396-9260
PC approved 10/21/15
Complete
CUP
EA
DA
265
15-07
Cultivation Technologies
To develop a 111,000 sq. ft.
multi-tenant medical
cannabis cultivation facility.
84-811 Avenue 48 Michael Meade
Desert Rock Development
72100 Magnesia Falls
Rancho Mirage CA 92270
(760)837-1880
PC Approved 7/6/16
CC Approved (DA) 7-27-16
PC Approved Mod.-12/19/19
Project Re-Entitled as:

Desert Research Park #4
CUP
AR
TTM
TPM
EA
266
16-03
37040
37083
16-01
Coachella Vineyards Luxury
RV Park
To develop a 185-Lot RV
Park and subdivision on

29.41 acres of vacant land
NE Corner of Tyler
Street and Vista Del
Norte
Patty Nugent
Coachella Vineyards Luxury RV Park,
LLC
45-920 Meritage Lane
Coachella, CA. 92236
PC Approved 7/18/18
CC Approved 9/26/18
PM Approved 4/10/19 Reso2019-23
1 Yr. Ext 9/26/21 (TTM

Page 289 ends

Item 25.

City of Coachella
Development Status Report
January 2022
6 (760) 289-5279 37083)
AB 1561 Ext to 3/26/23
AR 16-03 and CUP 266
Expires 3/26/2022
CUP
CUP
AR
TTM
EA
267
268
16-05
37088
16-02
Ravella - To develop 20 acres
Planned Development with a
service station on 5 acres of
Neighborhood Commercial
center, and 115 residences on
15 acres.

NW Corner of Avenue
50 & Calhoun Street
Tower Energy Group
1983 W. 190th St., Ste. 100
Torrance, CA. 90504
(310) 535-8000
P.C. Approved 6/15/16
CC Approved 7/13/16
Phase 2 Under Construction
CUP 268
(Mod.)
Borrego Health To modify
the Ravella/Tower Energy
Planned Development to
alow a new 40,919 sq. ft., 2-
story, medical clinic with 294
parking spaces on approx. 4
acres in Tract 37088-1
NW Corner of Avenue
50 & Calhoun Street
Tower Energy Group
1983 W. 190th St., Ste. 100
Torrance, CA. 90504
(310) 535-8000
P.C. Approved 4/17/19
Under Construction
CUP
AR
275
16-14
Mosque & Assembly Hall
To construct a new 20,260
square foot mosque to be
built in two phases.
84-650 Avenue 49 Shakil Patel
25982 Hinkle St
Loma Linda CA 92354
(909)796-0300
PC Approved 12-21-16
Grading Permit Issued
CUP
AR
EA
276
16-18
16-05
Coachella Warehouses
To construct a 255,800 sq. ft.
multi-tenant medical
cannabis cultivation facility
84-851 Avenue 48 Kevin Stumm
PCC Industrial/Commercial
760 Garden View Court, Suite 200
Encinitas, CA 92024
(760)452-8075
PC Approved 12/21/16
CC Approved 02/08/17
Phase 1 Complete
CUP
AR
VAR
278
17-02
17-03
Kismet Organic
To construct a phased 77,400
sq. ft. medical cannabis
cultivation facility.
48-050 Harrison Street Ed Sapigao
5151 California Ave Ste 100
Irvine CA 92617
(949)280-4782
PC Approved 7/19/17
CC (Appeal) Approved 9/27/17
Under Construction

Page 290 ends

Item 25.

City of Coachella
Development Status Report
January 2022
7 CUP
CUP
CUP
284
285
286
Mobilitie Mono-Pole
To install 3 new wireless
communications poles in the
street right-of-way
SEC of Ave 52 & Tyler
SWC Ave 50 &
Harrison
NWC Westerfield &
Harrison
Robert Lewis
Mobilitie, LLC
2955 Red Hill Ave Ste 200
Costa Mesa CA 92626
(951) 212-5825
PC Approved 12/21/17
CUP 284 Withdrawn
CZ
CUP
AR
EA
17-01
279
17-03
17-01
Coachella Green LLC
To construct a phased
833,829 sq. ft. medical
cannabis industrial park.
86-601 Industrial Way Barry Walker
1933 S. Broadway No. 806
Los Angeles CA 90007
(323) 997-9914
PC Approved 11/15/17
CC Approved 11/29/17
1st - 12-month time extension
11/29/2019
PC Approved 24 month
retroactivetime extension
11/18/20 – Expired 11/29/21
Project under new
Ownership
CUP
AR
289
17-11
Coachella Brands
To construct a new 91,948 sf
cannabis cultivation facility
in the MW zone.
84-805 Ave. 48 Richard O’Connor
2 Curie Ct
Rancho Mirage CA 92270
(760)409-6464
AR Approved 8/30/17
CUP Approved 11/1/17
Interim Use In Operation
CUP
AR
TPM
EA
280
17-04
37266
17-02
Coachella Research Park #2
To develop an 833,829 sq. ft.
multi-tenant medical
cannabis cultivation facility,
with industrial condo lots, on
20 acres in the MW zone.
48-451 Harrison Street Michael Meade
Desert Rock Development
72-100 Magnesia Falls Dr. Ste 2
Rancho Mirage CA 92270
(760)837-1880
PC Approved 10/4/17
CC Approved 10/25/17
In Plan Check
CUP
AR
DA
280
(Mod)
17-04
(Mod)
Coachella RP #2 (Modified)
To allow two 3-story
industrial buildings (98,520
sf) and four greenhouses
(404,308 sf) for cannabis
48-451 Harrison Street Michael Meade
Desert Rock Development
72-100 Magnesia Falls Dr. Ste 2
Rancho Mirage CA 92270
(760)837-1880
PC Approved 11/28/18
CC Approved 2/13/19
In Plan Check

Page 291 ends

Item 25.

City of Coachella
Development Status Report
January 2022
8 VAR 18-05 cultivation uses.

CUP
AR
TPM
EA
281
17-05
37265
17-03
Coachella Research Park #1
To develop an 311,250 sq. ft.
multi-tenant medical
cannabis cultivation facility,
with industrial condo lots on

11.28 acres in the MW zone.

NE Corner of Ave. 48
and Harrison Street
Michael Meade
Desert Rock Development
72-100 Magnesia Falls Dr. Ste 2
Rancho Mirage CA 92270
(760)837-1880
PC Approved 10/4/17
CC Approved 10/25/17
Grading commenced
CUP
TPM
EA
282
37333
17-04
REI / Ponte Hotel Project
To develop a 5.45 acre site
with 2 hotels, drive-thru pad,
and restaurant.

NE Corner of Vista Del
Norte and Dillon Road
Claudio Ponte
726 W. Ventura Blvd Ste F
Camarillo CA 93010
(805)383-0367
PC Approved 7/19/17
CC Approved 8/9/17
Final Map Recorded
CUP
CUP
CZ
299
300
18-03
HOTN/Sinsemilla
Dispensary & Pub Project
Proposed 1,839 sq. ft. retail
cannabis dispensary and
1,432 sq. ft. bar/pub
1694 6th Street Pedro Ordoñez
6th Street Tap Room
45631 Capistrano St
Indio CA 92201
(760)409-6169
PC Approved 3/20/19
CC Approved 5/8/19
Under Construction
CUP 292 Verizon Wireless
To install a new wireless
communications pole at
Bagdouma Park
Northeast corner of
Frederick St and Ave 52
Bryce Novak
7711 Normal Ave
La Mesa CA 91941
PC Approved 1/31/18
Complete
CUP
AR
293
17-14
Coachella Herb Plantation
To construct a new 67,240 sf
medical cannabis cultivation
facility on 3.2 acres in the
MW zone.
84-801 Ave 48 Marcelo Morales
84-801 Ave. 48
Coachella CA 92236
(760)699-1332
PC Approved 11/28/17
Time Extension to 11/28/19
Time Extension to 11/28/20
Interim Use Under
Construction

Page 292 ends

Item 25.

City of Coachella
Development Status Report
January 2022
9 CUP 294 Chelsea Mixed Use Project
To establish “PD” land use
regulations and development
standards for TOD project
(105 Apartments w/ 3,000 sf
commercial and Transit Hub)
East side of Cesar
Chavez Street, north of
6th Street
Walter Heiberg
Chelsea Investment Corp
6339 Paseo Del Lago
Carlsbad CA 92011
(760)456-6000
PC Approved 12/21/17
CC Approved 11/29/18
Modification Approved 1/30/19
Under Construction
CUP
AR
VAR
297
18-01
18-01
CoachellaGro Corp.

To construct a new 257,051
sf cannabis cultivation
facility on 10.99 acres of
vacant land in the M-W zone.

East side of Harrison
Street, South of Ave. 48
CoachellaGro Corp.
3060 Saturn St #250
Brea CA 92821
(760)940-0100
PC Approved 6/6/18
Time Extension to 6/6/20
CZ
CUP
AR
VAR
18-09
307
18-07
18-04
Polk Cannabis
Redevelopment Project
To construct a new 174,500
sf cannabis cultivation
facility on 10 acres of land.
53-800 Polk St.

Peter Solomon
53-800 Polk St
Coachella CA 92236
(760)895-2621
PC Approved 11/7/18
CC Approved 12/12/18
Time Extension to March
18, 2021 related to litigation
Interim Use in Plan Check
CUP 301 AT & T Wireless Antenna
To install a new wireless
communications mono-palm
at 50 ft high
Jackson Square
SE Corner of Jackson
St. and Ave. 48
AT & T c/o Melissa Francisco
19519 Jacob Ave.

Cerritos CA 90703
(562)972-5161
PC Approved 9/19/18
Under Construction
CUP 302 AT & T Wireless Antenna
To install a new wireless
communications mono-palm
at 50 ft high
Bagdouma Park
51-711 Douma St.

AT & T c/o Melissa Francisco
19519 Jacob Ave.

Cerritos CA 90703
(562)972-5161
PC Approved 9/19/18
CUP
AR
EA
TPM
313
18-13
18-06
37670
Luxor Luxury RV Storage
To develop an indoor
123,940 sq. ft. indoor RV
storage facility with repair
and washing service, and
49-751 Oates Lane Luxtor Limited, LLC
450 Kansas Street #104
Redlands CA 92373
(909)556-5848
PC Approved 3/6/19
CC Approved 7/10/19
Under Construction

Page 293 ends

Item 25.

City of Coachella
Development Status Report
January 2022
10 caretaker unit
CUP
AR
EA
308
18-08
18-03
Red Moon RV Park
To develop a 78.3-acre RV
Resort with 46 long-term
rental spaces and 390 shortterm rental spaces
44-790 Dillon Rd.

Jim Komick
Red Moon Dev. & Construction
4320 Priceless View Dr.

Gold Canyon AZ 85118
(480)947-9253
PC Approved 3/06/19
Under Construction
CUP
AR
EA
VAR
318
(Mod)
19-09
19-01
19-03
NB Coachella Cannabis
Cultivation Facility
To construct a new industrial
greenhouse park for
commercial cannabis
cultivation uses on 49.97
acres of vacant land in the
MS-IP Zone.
86-601 Industrial Way NB Coachella Properties, Inc.
1650 Black Road
Santa Maria CA 93458
c/o CV Engineers
(760)360-4200
Pending
Application On Hold
CUP 319 Botanero Mexicali- Alcohol
Sales.

To allow beer and wine sales
with 1121 sq. ft. snack bar.
51-704 Cesar Chavez St.

Unit #3
Maria Carrera
51-704 Cesar Chavez St Unit #3
Coachella CA 92236
(760)574-5543
Application Withdrawn
(Not Needed due to
grandfathered ABC license)
CUP
VAR
320
20-01
K.C. Vargas Tattoo Parlor
To allow an 800 sq. ft. tattoo
parlor in the CG zone.
48-975 Grapefruit
Boulevard, Suite #4
Kenny Coronel Vargas
31-180 Desert Palm Dr.

Thousand Palms CA 92276
(442)400-1562
PC Approved 5/20/20
Business Open
CUP
CUP
AR
TPM
321
322
20-03
37940
7-Eleven Service Station/
Retail Center. To allow a
10,588 sq. ft. retail center
with service station, drivethru coffee /office buildings NE Corner of 1st St. and
Cesar Chavez St.

Mr. Francis Chu
Coachella Retail Realty, LP
1401 Quail St. Suite #100
Newport Beach CA 92660
(949)752-2515
PC Approved 7/15/20
CC Approved 9/23/20
PC Approved AR 20-03 and
TPM 37940 Mod 1/5/22
CC AR 20-03 TPM 37940

Page 294 ends

Item 25.

City of Coachella
Development Status Report
January 2022
11 on 3 acres in the CG zone. Mod Approval pending
CUP 323 The Foundation Delivery
To allow a 650 sq. ft. nonstorefront retail cannabis
(delivery only) microbusiness
in the CG zone.
51-544 Cesar Chavez
St., Suite #J1
CHAD Enterprises, LLC
43-100 Palm Royale Dr. #1627
La Quinta, CA 92253
(760)799-3636
PC Approved 9/2/20
Now operating
EA
CUP
CUP
CUP
CZ
AR
TTM
GPA
20-01
324
325
326
20-01
20-04
37921
20-01
Coachella Airport Business
Park.

To construct a 628,825 sq. ft.
industrial center w/ Cannabis
Cultivation, mini-storage, and
service station on 42.69 acres
in the MS-IP zone.

NW Corner of Airport
Blvd and CA-86
Expressway
Empire Airport, LLC (Haagen Co.)
12302 Exposition Blvd.

Los Angeles CA 90064
(310)820-1200
Pending
CUP
EA
AR
327
20-02
20-06
Bejarano Project
To construct a new 172,61
sq. ft. cannabis cultivation
facility on 9.98 acres in the
MW zone.
48-100 Harrison Street David E. Argudo
15835 E. Main St.

La Puente CA 91744
(415)640-4420
PC Approved 11/18/20
CUP
CZ
AR
328
20-02
20-08
Cairo Casitas Project
To construct new 8-unit
apartments project and
remodel existing commercial
building on 0.498 acres in the
CG zone.
51-704 Cesar Chavez St. Tomer Tzadok
23679 Calabasas Rd. #280
Calabasas CA 91302
(310) 751-4125
PC Approved 9/2/20
CUP
CUP
334
293
(Mod.)
Coachella Greenery
To allow a 1,100 sq. ft. retail
cannabis business in an
existing industrial building
84-801 Avenue 48 Diana Palacios
83614 Eagle Avenue
Coachella CA 92236
(760)50-14878
PC Approved ending

Page 295 ends

Item 25.

City of Coachella
Development Status Report
January 2022
12 on 3.2 acres in the M-W
zone.

CUP 335 Kismet Organic NonStorefront Retail Cannabis
To allow a 225 sq. ft. nonstorefront retail cannabis
business in the MW zone.
48-050 Harrison St. #2 Mr. Kyle Friend
9 Cushing
Irvine CA 92617
PC Approved 11/18/20
CUP
CZ
336
20-08
Pueblo Cannabis
To allow a 1,500 sq. ft. retail
cannabis dispensary in an
existing building on 0.30
acres of land in the CG-RC
zone.
85-591 Grapefruit Blvd Armando Lerma
83-983 Fiesta Road
Coachella, CA 92236
PC Approved 8/4/21
CC Approved 5/26/21- CUP
CC Approved 6/9/21 - CZ
CUP
CZ
VAR
337
21-01
21-01
Coachella Releaf Dispensary
Proposed 3,800 sq. ft. retail
cannabis microbusiness in the
MS-IP zone.
86-705 Avenue 54 Ste H Adriana Gonzalez
84-095 Tera Vista
Coachella CA 92236
PC Approved 4/7/21
CC Consideration Pending
CUP
VAR
338
21-02
Coachella Paradise
Convenience Store
New 2,500 sq. ft.
convenience store with offsale general liquor sales.
50-233 Cesar Chavez St. Mr. Nesrin Steih
6988 Cantera Way
Fontana, CA 92336
(909)728-0379
PC Denied 6/16/21
CC Denied Appeal 7/14/21
CUP
VAR
340
21-03
Best Friends Farms
Proposed 1,200 sq. fdt. NonStorefront Retail Cannabis
84-705 Ave 50, Suite #4 Craig Guggolz
69-822 Via del Sur
Cathedral City, CA 92234
PC Approved 6/16/21 (Res.
21-13)
CUP 344 Meza Interim Outdoor 86099 Tyler Street Nicolas Meza/CSC Growers PC Approved 10/16/21

Page 296 ends

Item 25.

City of Coachella
Development Status Report
January 2022
13 Cannabis Cultivation
24 hoop houses coveraing 1.1
acres for the interim outdoor
cultivation of cannabis
located on a 5 acre parcel
50580 Calle Mendoza
Coachella, CA 92236
[email protected]
CUP 345 CVG Interim Outdoor
Cannabis Cultivation
11 acres of proposed outdoor
cannabis cultivation in hoop
houses.
50501 Fillmore Street Wyatt Nelson
2323 Bonfield Ct, Camarillo, CA
(805)910-8587
PC approved 1/20/22
CUP
CZ
VAR
342
21-03
21-04
American Desert LLC Multitenant Microbusiness Project
conversion of an existing
18,960 square foot multitenant (12 units) industrial
building for cannabis
business uses on a 1.29 acre
parcel
86695 Avenue 54 American Desert LLC
15303 Arrow Blvd
Fontana, CA 92335
(213) 81603214
PC approved 10/20/21
CC approved 11/10/21
TTM
EA
CUP
CZ
GPA
32263
05-11
207
05-04
07-04
322 SF Units Subdivision

64.64 acres
See AR 05-21
Nickel creek
Ave 44, West of Dillon Coachella-Nickel Creek LLC
5744 Canyon Road
Amarillo, TX. 79109
PC approved 9/5/07
CC approved 9/12/07
SB1185 Ext to 9/12/10
AB333 Ext to 9/12/12
AB208 Ext to 9/12/14
AB116 Ext. to 9/12/16
1 Yr. Ext. to 9/12/17
1 Yr. Ext. to 9/12/18
Statutory Ext. to 9/12/21
AB 1561 Ext. to 3/12/23
TTM
AR
EA
CUP
CZ
GPA
Annex
35523
07-13
07-16
231
07-08
07-05
60 Villa Palmeras
111 Single Family attached &
detached residential

11.58 acres
South side of Ave 50
between Jackson St &
Calhoun St
DSE Turco, L.P.

Attn: Scott Carino
8910 University Center Ln
Suite 690
San Diego CA 92122
(858) 458-3432
(858) 458-3412 FAX
PC approved 1/16/08
CC approved 5/28/08
TTM Expired 5/28/19

Page 297 ends

Item 25.

City of Coachella
Development Status Report
January 2022
14 SP
GPA
CZ
EA
TPM
14-01
14-01
14-01
14-04
36872
Vista del Agua Specific Plan
280-acre subdivision with
single-family residential,
multi-family residential and
commercial development.

S of Vista del Sur
N of Ave. 48,
E of Tyler St.,
W of Polk Street
James Kozak
Strategic Land Partners, LP
12671 High Bluff Dr.,
Suite 150
San Diego, Ca. 92130
(858) 699-7440
PC Workshop 3/20/19
PC Approved 6/19/19
CC Approved 5/13/20
TPM
VAR
37758
21-05
Cervantes Lot Split
Subdivision of 10 acres into 2
lots
50800 Van Buren St Greg Cervantes
82265 Padova Dr.

Indio, CA 92203
PC Approved 7-21-21
CC Approved 8-25-21
TTM
AR
VAR
EA
38084
21-03
21-04
21-01
Pulte Coachella Subdivision
Subdivide 26.8 acres of
vacant land into 107 SFR
lots.

Northside of Ave 51,
500 East of Van Buren
St. (APN 768-050-002)
Daniel Wozniak
Pulte Homes Company LLC
27401 Los Altos St 400
Mission Viejo, CA 92691
PC Approved 5/19/21
CC Approved 6/23/21
TTM 31978 Bellssima Subdivision
Subdivide 38 acres into 160
single family lots
Southeast corner of
Avenue 53 and Fredrick
Street
Brighton Properties, LLC (original
TTM applicant)
PC Approved
CC Approved 5/20/06
1Yr. Ext. to 8/24/18 (Reso
2017-53)
1 Yr Ext. to 8/24/19
1 Yr Ext. to 8/24/20
AB 1561 Ext. to 2/24/2022
TPM
AR
38218
21-07
JJWR Holdings, LLC
construction of two 25,750
sq. ft. industrial building to
create up to 32 warehouse
condos and 8 office condos
53-457 and 53-459
Enterprise Way

JJWR, LLC
440 Santa Lucia Drive
Hemet, CA 92543
Pending PC and CC
Approval
VAR 18-02 Desert Research Park #1
To exceed height limit for 3
new industrial buildings.

NE Corner of Ave. 48
and Harrison St.

Michael Meade
Desert Rock Development
72-100 Magnesia Falls
Rancho Mirage CA 92270
(760)837-1880
PC Approved 4/18/18
Plans Approved
AR 21-09 Coachella 155
Proposed construction 155, 1
and 2-story residences within
SEC of Calhoun
Street and 50th
D.R. Horton
Mario Ornelas
2280 Wardlow Circle #100
Admin. Approval 1/5/22

Page 298 ends

Item 25.

City of Coachella
Development Status Report
January 2022
15 Tract 32074 Avenue Corona, CA 92880
(951)739-5481
AR 21-15 Bellissima proposed
construction of 111 single
family resdidences in an
unfinished Tract 31978
East of Fredrick
Street between
Avenue 53 and 54.

Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
(760)775-1806
Under Review
CUP
CUP
AR
346
347
21-12
Fountainhead Plaza. To allow
a 20,422 sq. ft. Aldi
supermarket and 2,600 sq. ft.

Panda Express in the CG
zone.
(related to CUP 321, 322, AR
20-03, TPM 37940)
NE Corner of 1st St. and
Cesar Chavez St.

Mr. Francis Chu
Coachella Retail Realty, LP
1401 Quail St. Suite #100
Newport Beach CA 92660
(949)752-2515
PC Approved 1/5/21
CUP 348 Gunther Investments To
allow interim outdoor
cannabis cultivation on a

38.48 acre site
Southwest corner of
Avenue 50 and Filmore
Street
Brandon Calandri
P.O. Box 8010
Lancaster, CA 93539
Pending – application
deemed incomplete
CUP 349 DAFCO To allow interim
outdoor cannabis cultivation
on a 199.39 acre site
Northeast corner of
Filmore & 52nd Stsreet
Brandon Calandri
P.O. Box 8010
Lancaster, CA 93539
Pending – application
deemed incomplete

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Item 25.
16 City of Coachella
Development Status Report
January, 2022
PC = Planning Commission
CC = City Council
Types = RS Single Family Residential, RM Multifamily Residential, CG Commercial General, NC Neighborhood Commercial MH Manufacturing Heavy, MS Manufacturing Service, MW Wrecking Yard, RE Residential Estate Status of Projects = Under Construction, Approved, Pending Approval Status of Maps = Constructed, Under Construction, Recorded, Approved Tentative, Pending Approval AR Architectural Review
CUP Conditional Use Permit
CZ Change of Zone
DA Development Agreement
EIS (EA) Environmental Initial Study (Environmental Assessment) GPA General Plan Amendment
PD Planned Development
TTM Tentative Tract Map or Tentative Subdivision Map
TPM Tentative Parcel Map
VAR Variance
Tentative Maps (Tract and Parcel) are approved for 2 years and may be extended an additional year three times upon approval of their request and payment of application fees.

Assembly Bill 1561 (AB1561) automatically grants an18-month extension to any Tentative Tract or Tentative Parcel Map that was valid between March 4, 2020 and 18 months after passage of the Bill.

Senate Bill (SB 1185) automatically grants a 12 month extension to any Tentative Tract or Tentative Parcel Map that was valid as of July 15, 2008 and will normally expire before January 1, 2011.

Assembly Bill 333 (AB333) automatically grants a 24 month extension to any Tentative Tract or Tentative Parcel Map that was valid as of July 15, 2009 and will normally expire before January 2, 2012.

Assembly Bill 208 (AB208) automatically grants a 24 month extension to any Tentative Tract or Tentative Parcel Map that was valid as of July 15, 2011 and will normally expire before January 1, 2014.

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Item 25.
1 | P a g e
ENGINEERING:

Capital Improvement Projects
October 2021-December 2021
ST-67 Ave 50/I-10 Interchange
100% complete plans were reviewed by CalTrans. The City’s consultant made the required revisions and is working with the appropriate utility companies to complete the engineering work.

Offer letters have been provided to property owners on the north and south side of Interstate 10.

Project meetings continue with CalTrans Management to review the Interchange Grading and finalize plans for construction.

ST-69 Ave 50 Bridge over Whitewater Channel / ST-81 New Interchange @ Avenue 50 and 86 South Expressway
Environmental document was approved and finalized in February 2019. Final authorization for reimbursement for design phase of the project has been approved by CVAG and City Council.

Project meeting with CalTrans to review technical studies on the project continues. Request for Authorization has been submitted to Caltrans HBP.

ST-93 Avenue 50 Widening Project (Calhoun to Harrison)
Professional agreement with KOA Corporation has been approved by City Council on 10/9/2019 for Final Construction PS&E. City Staff coordinating with KOA to complete design PS&E. KOA has submitted 90% design PS&E for review.

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2 | P a g e
ST-98 Avenue 50 Extension PS&E (All American Canal to I-10 Interchange) Engineering Staff is awaiting responses to acquisition offers; Right-of-way acquisitions under negotiations with five property owners located west of the All-American Canal. City Council approved two purchase agreements for 2 of the 5 parcels. Bureau of Reclamation (BOR) has approved the environmental document for the work within the canal area. Hydrologic and hydraulics models are being reconciled with Coachella Valley Water District and Riverside County Flood Control District engineers.

ST-109 Dillon Road Bridge Interstate I-10 Interchange & SR 86 Interchange CalTrans bridge inspections on behalf of FHWA, weight limit restrictions were implemented on the existing bridge. Due to the scour critical condition of the bridge, a Plan of Action was filed with FHWA. An application for the current round of the federal Build Grant funding has been submitted.

ST-123 Grapefruit Blvd. Urban Greening Project
A construction contract was awarded to C.S. Legacy Construction as the lowest, responsive bidder on December 17, 2020. Construction started on January 11, 2021 and is scheduled to be completed by January 2022. Decorative crosswalks and traffic signal on 6thstreet to be completed soon. City Staff continues to inspect.

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3 | P a g e
ST-129 Avenue 52 and Calhoun
City Staff is coordinating with the County of Riverside and City of Indio on Plans, Specifications and Engineer’s Estimate (PS&E) package. Project has been completed.

ST-130 Pueblo Viejo Sustainable Transportation Project
A Notice Inviting Bids was posted in November 2021 and were opened on December 1, 2021.The project will add over two miles of class II bikeways, pedestrian and landscaping improvements in the Pueblo Viejo downtown area. The project will be awarded to the lowest, responsive, responsible bidder in January 2022 and construction will follow shortly after.

ST-131 Avenue 48 Widening from Van Buren to Dillon Road Environmental documents have been completed and final design for Plans, Specifications and Engineer’s Estimates are being made. The project will add two lanes east bound and one lane west bound with bicycle and pedestrian facilities as well. Riverside County is lead agency on this project.

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Item 25.
4 | P a g e
Private Development Projects
49751 Oates Ln. Luxor RV Parking & Storage:

Storm drain and fire private systems have been installed. Project has been connected to City water system. V- Gutter, half of Parking Lot and two driveways have been completed. Contractor continues grading the rest of parking lot. Temporary COO has been issued. City Staff continues to inspect.

Red Moon Development at the Villas at the Vineyards:

Project is currently on hold.

Escondida Pointe D.R. Horton:

Construction continues as scheduled on Phases 36-38. Phases 1-35 are complete and finals for sewer, water and Engineering have been granted. Staff continues to inspect.

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Item 25.
5 | P a g e
Valencia:

City Staff issued Encroachment Permit for Hydrant, Water services and Meter boxes replacements.

Grading Plans and all submittals have been approved. PM10 sign has been installed. Model homes have been completed. Phase 1, 2, 3 and 4 have been completed. Phase B.O. and 5 are under construction. City staff continues to inspect.

Palm View Elementary School Rehabilitation:

Site Grading continues inside the project. Water and Sewer permits have been issued. New Water Services has been connected to City Water main lane & new fire hydrant has been installed. A contractor has installed three sewer MH and have been connected to city sewer lines. Irrigation has been connected to main line with backflow for landscape medians. Street lightings and Landscape have been completed. City staff continues to inspect.

Kismet:

Applicant was granted a Sewer line installation permit. Civil improvement Project continues on hold.

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Item 25.
6 | P a g e
54101 Enterprise Way Armando Bravo
PM10 and Utilities Plan have been approved. Construction of Water and Sewer have been hold until SWPPP gets approved and register with State. Grading permit has been paid. 84650 Ave. 49 Mosque
Grading permit has been issued. On-site grading has started and Storm Drain System has been completed. Pre-construction meeting for Sewer Improvements on 12/08/2020. Contractor completed installing Sewer main line at 49th avenue and Las Cruces Street. Sewer laterals have been installed and pressure test has passed inspection. City staff continues to inspect.

84851 Ave. 48th Del Grow:

Project has been granted various certificates of occupancies on multiple suites. Master project construction continues.

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Item 25.
7 | P a g e
49869 Calhoun Street. Borrego Health Medical Facility:

Engineering & Building Departments along with Contractor have been held a pre-construction meeting on 4/22/20. Grading plans have been approved & permits have been paid. Aggregates Materials, Concrete design & Traffic Control Plans have been submitted. Storm Drain lines, Headwalls have been completed. Water Improvements have been pressure tested, and Chlorination test has been completed. Contractor completed curb and gutter and Lights footings on Parking lot area. Parking lot base course paving has been completed. City staff continues to inspect.

45761 Dillon Rd. Loves Truck Stop
Parking lot has been completed per approved Grading Plans. Water and Sewer have been completed and connected to our system. Dillon Rd street improvement have been completed including street lights. Project has been completed.

1279 6th Street Pueblo Viejo Villas Apts.

Engineering Department and Contractor held a pre-construction meeting on 11/03/20. Grading plans have been approved & permits have been paid. Erosion Control Plan and PM10 have been set up. Storm Drain Lines and Retention Chambers for Pueblo Viejo Apts. and Mario Lazcano Court have been completed. Sewer line has been completed and connected to existing sewer system. Contractor has completed water line connection on Cesar Chavez, completed curbs in parking lot and portion of C & G and Mario Lazcano and Storm drain apron. Asphalt base course have been completed on Parking lot area and Mario Lazcano Court. City Staff continues to inspect.

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Item 25.
8 | P a g e
1694 9th Street Pueblo Viejo Plaza.

Engineering Department and Contractor held a pre-construction meeting on 02/04/21. Grading plans have been approved & permits have been paid. Erosion Control Plan and PM10 have been set up. Contractor has started the over excavation. City Staff continues to inspect Spotlight 29 Casino Temporary Parking lot
Temporary Parking lot for 410 parking spaces with an asphalt Driveway has been approved and constructed. Pm 10 plans have been installed and permit has been paid. SWPPP has been submitted and approved. Code enforcement case has been opened for violations.

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Item 25.
9 | P a g e
84805 48th Avenue Nursery Incubator Park.

Engineering Department and Contractor held a meeting. On-site Water Improvements plans have been approved & permits have been paid. Contractor installed Fire line and has water has been connected to City system. City Staff continues to inspect. 48451 Harrison Street Desert Rock Development.

Engineering Department and Contractor held a meeting. On-site Water and Sewer Improvements plans, Street Improvements and Grading Plans have been approved & permits have been paid.

Contractor installed construction entrance and Erosion Control Plan has been installed. Contractor continues with rough grading. City Staff continues to inspect.

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Item 25.
10 | P a g e
Sevilla TR 38084.

Engineering Department and Contractor held a pre-construction meeting on 08/31/21. Rough Grading plans have been approved & permits have been paid. Erosion Control Plan and PM10 have been set up. Sewer line and water line installation has started and grading for streets. City Staff continues to inspect.

Engineering Permits Development Service
Reviews
Building Permit Reviews
45 24 41

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Item 25.

COACHELLA CITY FIRE DEPARTMENT

COACHELLA CITY

FIRE DEPARTMENT
MID YEAR ROPORT JULY 2006

I N S I D E T H I S I S S U E

1. 2.

Personnel Assignments
Response Reports

3. Administration Reports

COACHELLA CITY

FIRE DEPARTMENT
QUARTERLY REPORT OCTOBER - DECEMBER 2021

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Item 25.

COACHELLA CITY FIRE DEPARTMENT

ADMINISTRATION
1377 SIXTH STREET
COACHELLA, CA 92236
(760) 398-8895

1. Battalion Chief – Bonifacio De La Cruz

2. Administrative Assistant – Marisa Duran
STATION 79
1377 SIXTH STREET
COACHELLA, CA 92236
(760) 398-8895

Engine Company 79

1. Fire Captain – Johnny Garcia

2. Fire Captain – Rodrigo Vega

3. Fire Captain – James Beckman

4. Fire Apparatus Engineer – Tommy Lemus

5. Firefighter Apparatus Engineer/Paramedic – Damian Sianez

6. Firefighter II/Paramedic – Michael Gonzales

7. Firefighter II/Paramedic – Joshua Brann

8. Firefighter II/Paramedic – Daniel Lucido

TRUCK 86
46-990 JACKSON ST.

INDIO, CA 92201
(760) 347-0726
Truck Company

1. Fire Captain – Darrel Anderson

2. Fire Captain – Luis Alvarez

3. Fire Captain – Mark Greenway

4. Fire Apparatus Engineer – Noah Dimuccio

5. Fire Apparatus Engineer – Bryan Rowe

6. Fire Apparatus Engineer – Alfonso Moreno

7. Firefighter II – Beau Clevenger

8. Firefighter II – Tyler Mentges

9. Firefighter II – Jesus Ortega

10. Firefighter II/PM – Kyle Wilmore

11. Firefighter II/PM – Andrew Barbosa

12. Firefighter II/PM – Sean Mc Chesney

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Item 25.

COACHELLA CITY FIRE DEPARTMENT

YE A R EN D RE S P O N S E RE P O R T
OC T O B E R 1, 202 1 – DE C E M B E R 3 1 , 202 1

O C T O B E R N O V E M B E R D E C E M B E R Y T D
(C I T Y O F

C O A C H E L L A )
S T R U C T U R E F I R E S 2 0 2 1 6
C O M M E R C I A L F I R E S 0 0 0 4
O T H E R F I R E S 7 8 1 1 1 61

R I N G I N G /F A L S E

A L A R M S
19 2 3 2 0 240
M E D I C A L I N C I D E N T S 147 176 223 2 , 3 1 4
T R A F F I C C O L L I S I O N S 33 41 35 324
O T H E R I N C I D E N T S 1 2 9 1 1 119
T O T A L 2 20 257 3 02 3 , 1 7 8

R E S P ONS E TIME S

O C T O B E R N O V E M B E R D E C E M B E R Y T D
(C I T Y O F

C O A C H E L L A

A V E R A G E R E S P O N S E

T I M E S (M I N U T E S )

5. 5 4. 8 4 . 6 4. 7
% O F C A L L S O N S C E N E
I N 5 M I N U T E S O R L E S S
6 8 % 65 % 6 3 % 6 8 %

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Item 25.

COACHELLA CITY FIRE DEPARTMENT

SIGNIFICANT EVENT
12/6/21 – Fire Department resources were dispatched to a reported residential structure fire with possible victims trapped, at 52407 Morgan Avenue in the City of Coachella. The first unit on scene reported heavy smoke showing from the back corner of the building. After an interior search was completed, no victims were found. The fire was contained to the two rear bedrooms.

Red Cross is in contact with the family of five that were displaced by the fire. The fire is currently under investigation. No injuries to fire personnel or civilians. (See photos below) Coachella Fire Department Response Totals
October - December 2021
Total of 779
Structure Fires - 1%
Commercial Fires - 0%
Other Fires - 5%
Ringing Alarms - 6%
Medical Incidents - 72%
Traffic Collisions - 11%
Other Incidents - 5%

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Item 25.

COACHELLA CITY FIRE DEPARTMENT
12/9/21 – Fire units arrived at the Fernandez Date Ranch to find smoke issuing from the attic vents of a 1600 square foot single-story modular home. Firefighters mounted a coordinated fire attack which contained the fire to the kitchen and dining room areas of the dwelling. The cause of fire was due to a malfunction of the exterior mounted propane tank's fuel delivery system. No injuries were reported, and American Red Cross has provided assistance to the four occupants.

COMMUNITY
10/15/21 – Coachella Firefighters attended the State of the City address at Veteran’s Park (See photos below)
11/6/21 – Firefighters participated in the Run with Los Muertos event held on 6th Street. (See photos below)

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Item 25.

COACHELLA CITY FIRE DEPARTMENT
12/1/21 – Coachella Firefighters attended the Annual Christmas Tree Lighting Ceremony at Coachella City Hall. Mr. & Mrs. Clause made their grand arrival on Coachella Squad 79. (See photos below)

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Item 25.

COACHELLA CITY FIRE DEPARTMENT Page 317
Item 25.

COACHELLA CITY FIRE DEPARTMENT
12/10/21 – City of Coachella Firefighters, Firefighter Reserves, and Explorer Post 679 participated in the City of Coachella’s Annual Holiday Parade. Our Fire Explorers enjoy making s’mores for parade attendees and appreciate the ongoing support from the City of Coachella. (See photos below)

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Item 25.

COACHELLA CITY FIRE DEPARTMENT
12/16/21 – For a brief moment, Fire Station #79 was able to once again host students from surrounding schools in the city. Peter Pendleton Elementary School was the lucky group to experience a station tour after such a long hiatus. Unfortunately, due to COVID19 restrictions, we are unable to receive visitors for the time being. Our firefighters look forward to the day that we are given the “Okay” to resume these educational visits. (See photos below)

ADMINISTRATION
The Coachella Fire Department would like to welcome Fire Captain, James Beckman and Fire Apparatus Engineer/Paramedic, Damian Sianez to Station #79. Administration continues to keep busy scheduling business inspections and re-inspections. Clerical administration duties continue to audit and reconcile the station’s Data/Response Records as well as overhaul files and

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Item 25.

COACHELLA CITY FIRE DEPARTMENT
recordkeeping systems. Clerical administrative duties have continued to look for ways to improve office efficiency and customer service.

FIRE PREVENTION
10/13/21 – The City of Coachella recognizes Fire Prevention Week. This year’s theme is “Learn the Sound of Fire Safety.”
The Coachella Fire Department continues to assist the public with code inquiries; conducts hazard reduction inspections and assists Code Enforcement with issues within the city. In closing, our Engine Company personnel continue to conduct multiple inspections and reinspections helping keep local businesses up to code.

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Item 25.

Public Works Department
2021 Fourth Quarter Report
TO: Honorable Mayor and Council
FROM: Maritza Martinez, Public Works Director
DATE: January 20, 2022
SUBJECT: Quarterly Report
________________________________________________________________________ Departmental Mission:

In a balanced effort to maintain cost effective operations and provide maintenance and emergency response services in a reasonable and efficient manner, it is the mission of the Public Works Department to provide quality maintenance and repair of facilities and infrastructure for the City of Coachella community and its city departments.

Executive Summary:

The Public Works Department is responsible for the operations of our: facilities, fleet, landscape, lighting and maintenance districts, parks, and streets. The Department is also the home to our Emergency Services Division and Recreation Division. As reflected below the Public Works Department staff responded to a myriad of requests as reflected below between October 2021 to December 2021.

Acres Feet/Sq Feet Miles/Sq
Miles
Quantity
Streets Division
Illegal Dumping 24 abandoned item removals
44 tires removed
1 homeless camps removed
1 oil spill abatement
Weed/brush
Abatement
4 removal jobs/locations
2 weed spraying
jobs/locations
Disaster Council
/Quarterly OAPC/
COVID Meetings
24 meetings

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Item 25.

Potholes/Street
Repairs
552 Potholes
5 water line street cut repairs
Sidewalk Repairs 7 locations
Street Sign Main. Replaced 68;
Repaired 40
Street Light Repair 82 repaired
Street Striping 330 Legends
Storm Drain Main 17 storm drains
Traffic Control 21 assignments
Acres Feet/Sq Feet Miles/Sq
Miles
Quantity
Parks/LLMD
Citations Issued 1,089
Facility Use Permits 48 permits
Overseeding
/Fertilization
35 acres 22,000lbs rye seed applied
10 tons of fertilizer applied
Park Lighting
Holiday Lighting
Removed
7 Fixture Repairs
13 Fixture Upgrade to LED
3 New installs
Sprinkler/Irrigation
Repairs
33 Heads;
4 valves;
Main Lines; 35 drip line;
Tree/Plant
Replacement
6 trees / 183 plants / 22 flats
of flowers
Building Maintenance
HVAC Systems
Serviced / Repaired
25 repairs / ongoing services
Building Repairs 35
Floor Maintenance 35,500 sq ft

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Item 25.

STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Introduce by first reading Ordinance 1192 Amending Chapter 8.44 of the City Municipal Code regarding Solid Waste Collection.

STAFF RECOMMENDATION:

Introduce by first reading Ordinance 1192 Amending Chapter 8.44 of the City Municipal Code regarding Solid Waste Collection.

BACKGROUND:

AB 939, known as the Integrated Waste Management Act of 1989, was passed because of an increase in the waste stream and the decrease in landfill capacity. As a result, the California Integrated Waste Management Board (CIWMB), now known as Department of Resources Recycling and Recovery (CalRecycle), was established and an integrated framework for program implementation, solid waste planning and solid waste facility and landfill compliance created. AB 939 mandated local jurisdictions to meet solid waste diversion goals of 25% by 1995 and 50% by 2000. Diversion goals and program requirements are implemented through a disposal-based reporting system by local jurisdictions under CalRecycle regulatory oversight.

Since 1989, AB 341(2011) and AB 1826(2014) were approved additions to the regulations established within AB 939. Assembly Bill 341 (AB 341) of 2011, also called the "Mandatory Commercial Recycling Regulation," requires businesses and multi-family residential dwellings of five units or more, that generate four or more cubic yards of commercial solid waste per week to implement recycling programs, on or after July 1, 2012. AB 1826, the mandatory Commercial Organic Waste Recycling Law, became effective on January 1, 2016; requiring businesses and multi-family complexes (with 5 or more units) that generate specified amounts of organic waste (compost) to arrange for organics collection services.

DISCUSSION/ANALYSIS:

Most recently, SB 1383 (Short Lived Climate Pollutants Regulation) was passed that further enhances AB 939 and mandates organics waste disposal/recovery by cities, residential households, commercial businesses, commercial edible food generators, haulers and food recovery organizations. SB 1383 was passed in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets set by SB 1383 include: 1) statewide reduction of organic waste

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Item 26.
disposal of 75% by 2025 and 2) statewide food rescue efforts that will rescue at least 20% of currently disposed surplus food by 2025.

SB 1383 applies to local agencies and in order to comply with regulations established by SB 1383 staff is recommending adoption of the attached Ordinance 1192 that will amend the City’s Municipal Code Chapter 8.44 Solid Waste. Currently, the chapter has Sections 8.44.010 –

8.44.130. Adoption of the proposed ordinance will amend the current chapter by adding Sections

8.44.140-8.44-240 (listed below):
- 8.44.140 Requirements for Single-Family Generators.
- 8.44.150 Requirements for Commercial Businesses.
- 8.44.160 Waivers for Generators.
- 8.44.170 Requirements for Commercial Edible Food Generators. - 8.44.180 Requirements for Food Recovery Organizations and Services. - 8.44.190 Requirements for Haulers, Facility Operators, and Community Composting Operations.
- 8.44.200 Self-hauler Requirements.
- 8.44.210 Compliance with CALGreen Recycling Requirements. - 8.44.220 Model Water Efficient Landscaping Ordinance Requirements. - 8.44.230 Inspections and Investigations by the City.
- 8.44.240 Enforcement.

The above additions to Chapter 8.44 will address the SB 1383 requirements placed on cities and in summary will require the following:

1. Organics collection services to all residents, multi-family and businesses. a. Staff is working in partnership with Burrtec to roll these programs out by Fall 2022.

2. Establishment of Food Recovery Program
a. The State has divided Commercial Food Generators into two tiers. Those generators that fall into Tier 1 must comply beginning January 1, 2022 and these large generators have already implemented food recovery programs. Staff is working with the County Public Health Department on the collection and reporting of this data, which will be included within the City’s Annual Report to CalRecycle. Tier 2 generators must comply by January 1, 2024 and staff will continue to work on outreach and education to these generators in partnership with Burrtec.

3. Establishment of Self- Hauler Requirements
a. All self-haul must register with the city and be able to provide receipts/weight tickets of its source separated waste.

4. Monitoring, reporting and enforcement of all of the above programs. a. Monitoring and reporting will be conducted in collaboration with Burrtec who will perform waste audits; if needed the ordinance will give the City the authority to enforce the SB 1383 regulations.

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Item 26.

In addition to the above requirements, SB 1383 also requires local agencies to provide:

5. Education and Outreach
a. Staff will work continue to with Burrtec to develop and distribute information on organics waste recycling and edible food recovery programs.

6. Procurement
a. Staff will be bringing back a separate resolution that will amend the City’s purchasing policy to address the SB 1383 purchasing requirements.

FISCAL IMPACT:

No direct fiscal impact to the City.

Attachment:

Ordinance 1192

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Item 26.
1 ORDINANCE NO. 1192

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, AMENDING CHAPTER 8.44 TO TITLE 8 OF THE COACHELLA MUNICIPAL CODE

REGARDING SOLID WASTE COLLECTION
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, Assembly Bill 341 of 2011 requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires the City to implement a Mandatory Commercial Recycling program; and WHEREAS, Assembly Bill 1826 of 2014 , requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recyclables, and Organic Waste per week to arrange for recycling services for that waste, requires the City to implement a recycling program to divert Organic Waste from businesses, and requires the City to implement a Mandatory Commercial Organics Recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations implementing SB 1383 (“SB 1383 Regulations”) place requirements on multiple entities including the City, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, SB 1383requires the City to adopt and enforce an ordinance to implement relevant provisions of SB 1383 Regulations by January 1, 2022. This ordinance will help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and
WHEREAS, the City Council desires to amend its Garbage Collection and Disposal Ordinance to comply with the SB 1383 Regulations.

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Coachella as follows:

Section 1. Chapter 8.44 to Title 8 of the Coachella Municipal Code is hereby amended in its entirety as set forth in Exhibit A and incorporated by this reference.

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Item 26.
2 Section 2. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project).

Section 3. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any Person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, or the application thereof to any Person or circumstance, be held invalid.

Section 4. No less than five (5) days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Coachella, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published and circulated in the City in accordance with Government Code section 36933.

Section 5. This ordinance shall take effect 30 days after adoption.

INTRODUCED on the 26th day of January, 2022, and PASSED AND ADOPTED by the City Council of the City of Coachella on this 9th day of February, 2022. ______________________________
Steven Hernandez
Mayor
ATTEST:
_____________________________
Angela M. Zepeda
City Clerk

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Item 26.
3 STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF COACHELLA )
I, ANGELA M. ZEPEDA, City Clerk of the City of Coachella, California, hereby certify that Ordinance No. 1192 was introduced at a regular meeting of the City Council of the City of Coachella held on the 26th day of January, 2022, and thereafter was adopted by the City Council of the City of Coachella at a regular meeting held on the 9th day of February, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
ANGELA M. ZEPEDA

CITY CLERK

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Item 26.
4 EXHIBIT A
CHAPTER 8.44- SOLID WASTE COLLECTION

8.44.010 - Definitions.

8.44.020 - Collection by City or agent only.

8.44.030 - Rates and charges to be established by resolution or ordinance.

8.44.035 - Collection of charges.

8.44.040 - Charges declared lien.

8.44.050 - Surety bond required.

8.44.060 - Containers—Residential.

8.44.070 – Same – Commercial.

8.44.080 - Storage areas.

8.44.090 - Deposit of Solid Waste in streets or permitting Solid Waste to accumulate—Unlawful.

8.44.100 - Duty of Persons served to keep clean and sanitary.

8.44.110 - Disturbing Solid Waste placed for Collection.

8.44.120 - Creating vermin harborage.

8.44.130 - Feeding to poultry.

8.44.140 - Requirements for Single-Family Generators.

8.44.150 - Requirements for Commercial Businesses.

8.44.160 - Waivers for Generators.

8.44.170 - Requirements for Commercial Edible Food Generators.

8.44.180 - Requirements for Food Recovery Organizations and Services.

8.44.190 – Requirements for Haulers, Facility Operators, and Community Composting Operations.

8.44.200 - Self-hauler Requirements.

8.44.210 - Compliance with CALGreen Recycling Requirements.

8.44.220 - Model Water Efficient Landscaping Ordinance Requirements.

8.44.230 - Inspections and Investigations by the City.

8.44.240 - Enforcement.

SECTION 8.44.010 - Definitions.

A. “CalRecycle” means the CaliforniaDepartment of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.

B. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

C. “City” means the City of Coachella.

D. “City Council” means the City Council of the City of Coachella.

E. “Collect” or “Collection” means the act of collecting Solid Waste, including Recyclable Materials and Organic Waste, at or near the place of generation by a Collector and the physical possession, transport, and removal of such materials.

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5 F. “Collector” or “Hauler” means any Person or other entity with whom the City has a contract or agreement for the Collection, removal, transportation, disposal, recycling, or Organic Materials processing of Solid Waste, Recyclable Materials, and/or Organic Waste generated within all or as part of the jurisdictional boundaries of the City.

G. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.

H. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.

I. “Compliance Review” means a review of records by the City to determine compliance with this Chapter.

J. “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

K. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

L. “Construction and demolition debris,” “C&D,” and “construction waste” means Solid Waste directly related to construction or demolition activities.

M. “Container” means a cart, bin, debris box, detachable packer receptacles, roll-off boxes, or other receptacle intended for the collection of Trash, Recyclable Materials, or Organic Waste.

N. “Container Contamination” or “Contaminated Container” means a Container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

O. “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

P. “Dwelling” means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except

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6 “Dwelling” does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

Q. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

R. “Enforcement Action” means an action by the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

S. “Enforcement Official” means the City Manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this Chapter.

T. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe Collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

U. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

V. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

W. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

X. “Food Recovery Organization” means an entity that engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other

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7 entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

Y. “Food Recovery Service” means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).

Z. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

AA. “Generator” means a Person or entity that is responsible for the initial creation of Solid Waste.

BB. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

CC. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s Collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

DD. “High Diversion Organic Waste Processing Facility” has the same meaning as defined in 14 CCR Section 18982(a)(33).

EE. “Inspection” means a site visit where the City reviews records, Containers, and an entity’s Collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

FF. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being

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8 used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply.

GG. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply.

HH. “Local Education Agency” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

II. “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. MultiFamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

JJ. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

KK. “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

LL. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

MM. “Notice of Violation (NOV)” means a notice that a violation of this Chapter has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

NN. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

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9 OO. “Organic Waste Generator” means a Person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

PP. “Organics Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and Collection of Source Separated Organic Waste.

QQ. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

RR. “Person” means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.

SS. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

TT. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the Recycling Container; (ii) discarded materials placed in the Organics Container that are not identified as acceptable Source Separated Organic Waste for the Organics Container; (iii) discarded materials placed in the Trash Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Wastes to be placed in the Organics Container and/or Recycling Container; and, (iv) Excluded Waste placed in any Container.

UU. “Recycling Container” shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.

VV. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

WW. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

XX. “Recyclable Materials” or “Recyclables” means material that can be separated from waste for the purpose of reusing or returning these materials in the form of raw materials for new, used or reconstituted products that meet the quality standard necessary to be used in the marketplace, or for composting, such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics.

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10 YY. “Recycle” or “Recycling” means the process of salvaging, transporting, sorting, marketing, reusing, reprocessing or remanufacturing Recyclable Materials.

ZZ. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

AAA. “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Recycling Containers, Organics Containers, and Trash Containers for purposes of identifying the quantity of materials in Containers (level of fill) and/or presence of Prohibited Container Contaminants.

BBB. “Residential” means any residential dwelling.

CCC. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

DDD. “Route Review” means a visual Inspection of Containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

EEE. “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), which established methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

FFF. “SB 1383 Regulations” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

GGG. “Self-Hauler” means a Person, who, in compliance with all applicable requirements of the Coachella Municipal Code, hauls Solid Waste, Organic Waste or Recyclable Materials he or she has generated directly to the appropriate facility, as required by this Chapter.

HHH. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.

III. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191.

JJJ. “Source Separated” means materials, including commingled Recyclable Materials or Organic Waste, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing

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Item 26.
11 those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from the Trash Container for the purposes of Collection and processing.

KKK. “Source Separated Recyclables” means means Source Separated Recyclable Materials that can be placed in a Blue Container.

LLL. “Source Separated Organic Waste” means Source Separated Organic Waste that can be placed in an Organics Container .

MMM.“State” means the State of California.

NNN. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

OOO. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

PPP. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site Food Facility and 200 or more rooms.

3. Health facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

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12 5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility.

QQQ. “Trash Container” shall be used for the purpose of storage and collection of Solid Waste, excluding Recyclable Materials and Organic Waste.

RRR. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

SECTION 8.44.020 - Collection by City or agent only.

The City and its duly authorized agents, servants, and employees, or any Collector with whom the City may at any time enter into an exclusive franchise agreement therefor, and the agents, servants, and employees of such Collector, while any such agreement shall be in force, shall have the exclusive right to gather, collect, and remove Solid Waste from any premises which may be the subject of such exclusive agreement. No Person other than those specified shall:

A. Gather, collect, or remove any Trash, Recyclable Materials, or Organic Waste; B. Convey or transport any Trash, Recyclable Materials, or Organic Waste in, along, or over any public street, alley, or highway;
C. Take any Trash, Recyclable Materials, or Organic Waste from any Container in which the same may be placed for Collection or removal;
D. Interfere with or disturb any such Container, or remove any such Container from any location where the Container is set out for Collection.

A. SECTION 8.44.030 - Rates and charges to be established by resolution or ordinance.

The rates to be charged for Collection of Trash, Recyclables, and Organic Waste shall be established by resolution or ordinance of the City Council. Owners, occupants, or persons, firms, or entities residing in or using residences, dwellings, apartments, hotels, motels, trailer parks, businesses, or commercial or industrial establishments shall pay for Collection services at the rate and in the manner set by resolution or ordinance from time to time adopted by the City Council.

In the event the City Council wishes to collect charges pursuant to section 8.44.035(B), it shall prepare an annual written report, provide notice and a public hearing of such charges, and comply with all applicable procedures as required by Health and Safety Code section 5470 et seq. and other law.

SECTION 8.44.035 - Collection of charges.

The City may collect charges for the Collection of Trash, Recyclables, and Organic Waste by either of the following:

A. The City or its agent may bill and collect such charges directly from the occupant or owner of the premises receiving Collection service.

B. The City may collect such charges on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separate from, the City's general taxes. In the event

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13 the City wishes to collect charges pursuant to this subsection, it shall prepare an annual written report, provide notice and a public hearing of such charges and comply with all applicable procedures as required by Health and Safety Code section 5470 et seq. and other law.

SECTION 8.44.040 - Charges declared lien.

The service of Collection of Trash, Recyclables, and Organic Waste shall be presumed to be for the benefit of the premises from which it is removed, and the occupant of the premises shall be presumed to be the agent of the owner thereof and acting for and on the behalf of the owner in receiving such service, and the charges for such service, if unpaid, shall become a lien on the premises served. Every Person receiving Trash, Recyclables, and Organic Waste Collection under this chapter shall be personally liable to the City or to the contractor for payment of the rates established pursuant to this chapter, any resolution or ordinance setting rates, or any agreement for Collection adopted pursuant to this chapter. Delinquent charges for services rendered to the premises under this chapter may be collected, at the option of the City Council or the contractor, by a personal action against the occupant receiving such service, or by an action for foreclosure of the lien on the premises served.

SECTION 8.44.050 - Surety bond required.

The Collector who contracts with the City for the removal and disposal of Trash, Recyclables, and Organic Waste shall be required to furnish a surety bond to the City in a sum required by the City Council, conditioned upon the faithful performance of the contract and compliance with the provisions of this chapter.

SECTION 8.44.060 - Containers—Residential.

Residential customers shall use watertight Containers for holding Trash, Recyclables, and Organic Waste , constructed of plastic, metal, or other substantial material of sufficient strength to resist breaking under ordinary conditions of use. Such standard Containers shall have a close-fitting cover to prevent insects, including flies, rodents and other animals from coming into contact with their contents. No Container shall have irregular surfaces or be in a condition which is likely to cause injury to persons moving or lifting them. Such standard Containers shall also be provided with a handle or handles on the outside thereof and shall not exceed the limit established by the Collector for the Container. Residential customers shall place standard Containers at the curb or property line along the street in front of each residential unit, except where a suitable alley, as determined by the administrator of any Collection agreement, exists at the rear of the property.

Clear access to standard Containers shall be provided to enable Collection.

SECTION 8.44.070 - Same—Commercial.

A Commercial Container shall be of welded steel construction suitable for the storage of Solid Waste. Commercial Containers shall be equipped with slots or other devices capable of being engaged by the arms of a front-loading refuse truck designed for that purpose provided by the City's Collection Collector. Business establishments, including any Commercial, industrial, or nonresidential unit in a trailer park, in a hotel or motel, or any building in which a combination of Residential and commercial and/or industrial uses exists, shall use Commercial Containers.

Commercial Containers may also include detachable packer receptacles and roll-off boxes.

Commercial Generators shall ensure clear access to Commercial Containers for Collection .

SECTION 8.44.080 - Storage areas.

It is unlawful for any Person to keep, accumulate, or permit to be kept or accumulated any Solid Waste in or upon any public or private place unless the same shall be in a Residential or Commercial Container as defined in this chapter.

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14 SECTION 8.44.90 - Deposit of Solid Waste in streets or permitting Solid Waste to accumulate— Unlawful.

It is unlawful for any Person in the City to throw or deposit any Solid Waste, or to cause the same to be thrown or deposited upon any street, alley, gutter, curb, park, or other public place, or to throw or deposit the same in or upon any vacant lot or backyard, or to store or keep the same other than as set forth in this chapter or any agreement enacted pursuant to this chapter.

SECTION 8.44.100 - Duty of Persons served to keep clean and sanitary.

It shall be the duty of every Person served to keep all Containers used in the service of such Person in a clean and sanitary condition.

SECTION 8.44.110 - Disturbing Solid Waste placed for Collection.

It is unlawful for any Person to dig into, scatter or displace or disturb Solid Waste which has been put out for Collection.

SECTION 8.44.120 - Creating vermin harborage.

It is unlawful to store, deposit, or keep Solid Waste where rats or other vermin can have access thereto or feed thereon.

SECTION 8.44.130 - Feeding to poultry.

Provided that all public health laws and regulations and all City ordinances and any agreements adopted pursuant to this chapter are complied with, food waste may be fed to poultry on the premises where such food waste is produced.

SECTION 8.44.140 Requirements for Single-Family Generators.

Single-Family Organic Waste Generators, except Single-Family Generators that meet all applicable Self-Hauler requirements in this Chapter and the Coachella Municipal Code:

A. Shall subscribe to the three-Container Organic Waste Collection services. The City shall have the right to review the number, size, and location of a Generator’s Containers to evaluate adequacy of capacity provided for each type of Collection service for proper separation of materials and containment of materials; and, Generator shall adjust its service level for its Collection services as requested by the City.

B. Shall participate in the three-Container system for Source Separated Recyclable Materials, Source Separated organic Organic Waste, and Trash Collection services.

Generator participation in the Collection programs requires that Generators place only approved materials in the appropriate colored Containers. Generators shall not place materials designated for the Trash Container into the Organics Container or Recycling Container.

Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Chapter and the Regulations, prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the Containers indicating the primary materials accepted and the primary materials prohibited in the Containers. Until SB 1383 compliant colored Containers are provided (Recycling Container, Organics Container, and Trash Container),

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15 Single-Family Waste Generators shall comply with the Container label requirements.

C. Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

SECTION 8.44.150 Requirements for Commercial Businesses Commercial Businesses, which includes Multi-Family Residential Dwellings, shall:

A. Subscribe to the three-Container Organic Waste Collection services. The City shall have the right to review the number, size, and location of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service for proper separation of materials and containment of materials; and, Commercial Business shall adjust its service level for its Collection services as requested by the City.

B. Participate in and comply with the three-Container (Recycling Container, Organics Container, and Trash Container) Collection service by placing designated materials in designated Containers. Generator shall place only approved materials in the appropriate colored Containers. Generators shall not place materials designated for the Trash Container into the Organics Container or Recycling Container.

C. Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) below), for employees, contractors, tenants and customers, consistent with the Recycling Container, Organics Container, and Trash Container Collection service.

D. Excluding Multi-Family Residential Dwellings, provide Containers for the Collection of Source Separated Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal Containers are provided for customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where disposal

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16 Containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either:

1. A body or lid that conforms with the Container colors provided through the Collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that Container or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant 14 CCR Section 18984.8, the Container labels are required on new Containers commencing January 1, 2022.

E. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials per the Recycling Container, Organics Container, and Trash Container Collection service.

G. Excluding Multi-Family Residential Dwellings, periodically inspect Recycling Container, Organics Container, and Trash Containers for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3).

H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Waste and Source Separated Recyclable Materials.

I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Waste and Source Separated Recyclable Materials separate from Trash (when applicable) and the location of Containers and the rules governing their use at each property.

J. Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.

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17 K. If implemented, accommodate and cooperate with the City’s Remote Monitoring program for Inspection of the contents of Containers for Prohibited Container Contaminants, to evaluate Generator’s compliance with this Chapter. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Recycling Containers, Organics Containers, and/or Trash Containers.

L. Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements of this Chapter.

SECTION 8.44.160 Waivers for Generators
A. De Minimis Waivers: The City may, at its discretion, waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business:

1. Submits an application specifying the services that they are requesting a waiver from; and

2. Provides documentation that either:
a. The Commercial Business’ total Solid Waste Collection service is two cubic yards or more per week and Organic Waste subject to Collection in a Recycling Container or Organics Container comprises less than 20 gallons per week per applicable Container of the business’ total waste; or,
b. The Commercial Business’ total Solid Waste Collection service is less than two cubic yards per week and Organic Waste subject to Collection in a Recycling Container or Organics Container comprises less than 10 gallons per week per applicable Container of the business’ total waste; and

3. Notifies the City if circumstances change such that Commercial Business’s Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and

4. Provides written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.

B. Physical Space Waivers: The City may, at its discretion, waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the Recyclable Materials and/or Organic Waste Collection service requirements if the City has evidence from its own staff,

Page 342 ends

Item 26.
18 a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the Collection Containers required for compliance with the Organic Waste Collection requirements of this Chapter.

A Commercial Business or property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lack adequate space for Recycling Containers and/or Organics Containers, including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.

SECTION 8.44.170 Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the below requirements commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the Collection of Edible Food for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

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Item 26.
19 a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected. iv. The quantity of food, measured in pounds recovered per month, collected by a Food Recovery Service or Food
Recovery Organization for Food Recovery.

6. Commencing no later than January 1, 2022, for Tier One Commercial Edible Food Generators and January 1, 2024, for Tier Two Commercial Edible Food Generators, Commercial Edible Food Generators shall provide, at minimum, an annual Food Recovery report to the City which includes the information required in 14 CCR Section 18991.4 “Record Keeping Requirements for Commercial Edible Food Generators.”
D. Nothing in this Section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 557, Statutes of 2017) (, relating to food safety, as amended, supplemented, superseded and replaced from time to time.

SECTION 8.44.180 Requirements for Food Recovery Organizations and Services A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

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Item 26.
20 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Commencing January 1, 2022, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b), as applicable.

D. Food Recovery Capacity Planning
In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City that provides solid waste Collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

E. Commencing no later than January 1, 2022, Food Recovery Services and Organization shall provide, at minimum, an annual report to the City which includes the information required in 14 CCR Section 18991.5 “Food Recovery Services and Organizations.”
SECTION 8.44.190 Requirements for Haulers, Facility Operators, and Community Composting Operations

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Item 26.
21 A. Requirements for Haulers.

1. The authorized hauler providing Residential, Commercial, or industrial Organic Waste Collection services to Generators within the City boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:

Through written notice to the City initially on or before July 1, 2022 and as changes occur; identify the facilities to which they will transport Organic Waste including the facilities for Source Separated Recyclable Materials and Source Separated Organic Waste, as applicable.
a. Transport Source Separated Recyclable Materials and Source Separated Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as defined in 14 CCR, Division 7, Chapter 12, Article 2.
b. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site.
c. The authorized hauler shall comply with education, equipment, signage, Container labelling, Container color, contamination monitoring, reporting, and other requirements contained within its Franchise Agreement, as may be amended from time to time. d. Notwithstanding any the foregoing, nothing in this Chapter shall restrict or otherwise prohibit the authorized Hauler from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 30 days.

2. Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

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Item 26.
22 SECTION 8.44.200 Self-Hauler Requirements
In addition to any other requirements for Self-haulers as contained in the Coachella Municipal Code:

A. Self-Haulers shall source separate all Recyclable Materials and Organic Waste (materials that the City otherwise requires Generators to separate for Collection in the Organic Waste and Recycling Collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a permitted facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers shall have a current Self-Haul application on file with the City and keep a monthly record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be reported and is subject to Inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the Generator to each entity.

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

D. Self-Haulers shall provide information collected in subsection(C) to the City or its authorized designee or other representative, on a monthly basis.

E. Contractors or builders, or their employees, but not their subcontractors, may remove their own construction and demolition debris from construction sites.

F. Any Person holding a valid City business license to engage in the nursery or gardening business may remove shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris from property within the City. Persons may remove Solid Waste from any property owned or occupied by such Person.

SECTION 8.44.210 Compliance with CALGreen Recycling Requirements

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Item 26.
23 As applicable, all persons and/or entities subject to California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as amended July 1, 2019 and effective January 1, 2020:

1. Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 Recycling by Occupants Non-residential.

2. For organic waste commingled with construction and demolition debris, Section 4.408.1 Construction Waste Management Residential and Section

5.408.1 Construction Waste Management non-residential.

If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced.

SECTION 8.44.220 Model Water Efficient Landscaping Ordinance Requirements As applicable, all persons and/or entities subject to the MWELO shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G), as amended September 15, 2015. The MWELO compliance items listed herein are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined herein shall consult the full MWELO for all requirements.

If, after the adoption of this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), or (G) of the MWWELO September 15, 2015 requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

SECTION 8.44.230 Inspections and Investigations by the City A. City representatives and/or its Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any Collection Container, Collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Chapter, subject to applicable laws. This Section does not allow the City to enter the interior of a private Residential property for Inspection. For the purposes of inspecting Commercial Business Containers for compliance with this Chapter, the City may conduct Container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring, where applicable.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with City employees and/or its Designees during such Inspections and investigations. Such

Page 348 ends

Item 26.
24 Inspections and investigations may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment, where required; or (iii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.

C. Any records obtained by a City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City representatives and/or its Designees are authorized to conduct any Inspections, Remote Monitoring or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

E. The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Collectors shall relay to City in writing all written complaints they receive.

SECTION 8.44.240 Enforcement
A. Violation of Sections 8.44.140 through 8.44.220 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Official or representative. Enforcement Actions under this Section include the issuance of an administrative citation and assessment of a fine. . The procedures in Chapter 3.28 shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Enforcement pursuant to this Section may be undertaken by the Enforcement Official.

D. Process for Enforcement

1. Enforcement Officials and/or their Designees will monitor compliance with Sections 8.44.140 through 8.44.220 randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program, which may include Remote Monitoring.

2. The City may issue an official notification to notify regulated entities of its obligations under Sections 8.44.140 through 8.44.220.

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Item 26.
25 3. For incidences of Prohibited Container Contaminants found in Containers, the jurisdiction will issue a Notice of Violation to any Generator found to have Prohibited Container Contaminants in a Container. Such notice will be provide via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants. If the City or its authorized Designees observe Prohibited Container Contaminants in a Generator’s Containers on three occasions within a six-month time period, the City may assess Contamination processing fees or Contamination penalties on the Generator.

4. With the exception of violations by Generator of Container Contamination provisions enforced pursuant to Section 8.44.240(D)(3), the City shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the Notice of Violation.

5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 3.20 of Title 3 of the Coachella Municipal Code.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the Collection services, depending upon available information.

E. Penalty Amounts for Types of Violations

1. For a first violation, the amount of the base penalty shall be $100 per violation.

2. For a second violation, the amount of the base penalty shall be $200 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.

4. The penalties shall be consistent with Government Code section 36900.

F. Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

1. The nature, circumstances, and severity of the violation(s).

2. The violator’s ability to pay.

Page 350 ends

Item 26.
26 3. The willfulness of the violator’s misconduct.

4. Whether the violator took measures to avoid or mitigate violations of Sections 8.44.140 through 8.44.220 this Chapter.

5. Evidence of any economic benefit resulting from the violation(s).

6. The deterrent effect of the penalty on the violator.

7. Whether the violation(s) were due to conditions outside the control of the violator.

G. Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

H. Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures for appeals of administrative citations pursuant to Chapter 3.28. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

I. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City or City designee will conduct Inspections, Remote Monitoring, Route Reviews, waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January

Page 351 ends

Item 26.
27 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

J. Civil Penalties for Non-Compliance Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section and State law, as needed.

Page 352 ends

Item 26.

STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Nathan Statham, Finance Director
SUBJECT: Adopt Resolution No. 2022-01 receiving and filing the City of Coachella Development Impact Fees Annual Report 2021 pursuant to Government Code Sections 66000-66008.

STAFF RECOMMENDATION:

City Council adopt Resolution No. 2022-01 receiving and filing the City’s Development Impact Fee Annual Report pursuant to California Government Code Sections 66000-66008.

EXECUTIVE SUMMARY
Government Code Section 66006 requires each local agency that imposes development impact fees to prepare an annual report for these specific fees. The fees, when collected, must be segregated from the General Fund and accounted for separately from other impact fees. This is done by placing the fees into their own accounting and only expending the monies for the purposes for which the fees were collected. The attached report, for the fiscal year ending June 30, 2021, includes the beginning (prior year ending) and current year ending fund balances for each fund as well as any changes during the year. The report also provides the amount of fees collected, interest, other income, and allowable expenditures for each fund.

BACKGROUND:

The City imposes fees on developer projects for the purpose of mitigating the impacts caused by new development. The City's developer impact fees are collected to defray all or at least a portion of the cost of public facilities, recreation facilities, parks, infrastructure (streets, signals, drainage, etc.) and public safety facilities. The purpose for which many of these developer fees are imposed supports future impacts that are also consistent with several strategic results areas including: Land Use, Open Space; Parks and Recreation; Public Safety and Emergency Services and Transportation.

FISCAL IMPACT:

Receive and File. There is no fiscal impact as a result of this action.

ATTACHMENTS:

1. Resolution No. 2022-01,

2. Development Impact Fees Annual Report 2021

Page 353 ends

Item 27.

RESOLUTION NO. 2022-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA RECEIVING AND FILING THE FISCAL YEAR 2020-21

ANNUAL REPORT ON THE COLLECTION AND USE OF MITIGATION
FEES FOR NEW DEVELOPMENT.

WHEREAS, the City of Coachella collects impact fees to mitigate the effects of increased demand for public facilities, transportation infrastructure, and parks; and WHEREAS, pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.), the City is required to annually report certain information regarding the collection of development impact fees; and
WHEREAS, the Report for Fiscal Year 2020-21, attached as "Exhibit A," identifies unexpended impact fee programs; and
WHEREAS, the Report has been made available.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA HEREBY RESOLVES AS FOLLOWS:

The City Council of the City of Coachella does hereby receives and files the City of Coachella Development Impact Fees Annual Report 2021.

PASSED, APPROVED and ADOPTED, this 26
th day of January 2022.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Page 354 ends

Item 27.

Resolution No. 2022-01

Page 2 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-01 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 26 th day of
January 2022, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Page 355 ends

Item 27.

Park Land Impact Fee (Fund 120)
Description - Providing necessary Parkland and Open-Space to meet the needs of new residential constructio - Multi-Family Units - $2,567.83
Beginning Ending
Account Description Fund Balance FY 2020-2021 Fund Balance Revenues & Other Sources
Developer fees 353,231
Investment earnings (loss) (21,188)
Total Sources 332,04 $ 3
Expenditures & Other Uses
Total Uses $ -
Total Available $ 332,04 (1,657,924) $ 3 $ (1,325,881)
Current Year Expenditures
Cost
FY 2020-2021 DIF Funded % DIF Funded
Total $ - $ -
Total Facility Expenditures
Est. Facility
Cost Complete DIF Funded % DIF Funded
Total $ - $ -
City of Coachella Development Impact Fees Annual Report 2021 Fee - Single Family Units - $3,056.94
Public Facilities
1 | 11
Exhibit A - Resolution 2022-01

Page 356 ends

Item 27.

City of Coachella Development Impact Fees Annual Report 2021 Library Facilities Impact Fee (Fund 121)
Fees - Single Family Units - $577.88
- Multi-Family Units - $485.42
Beginning Ending
Account Description Fund Balance FY 2020-2021 Fund Balance Revenues & Other Sources
Developer fees 149,209
Investment earnings (loss) (3,351)
Total Sources $ 145,857
Expenditures & Other Uses
Interest expense1 2,988
Total Uses 2,988 $
Total Available $ 142,86 (12,103,223) $ 9 $ (11,960,354) Current Year Expenditures
Cost
FY 2020-2021 DIF Funded % DIF Funded
Total $ - $ -
Total Facility Expenditures
Est. Facility
Cost Complete DIF Funded % DIF Funded
Total $ - $ -
Note: On September 13, 2016 the City issued Lease Revenue Bonds, Series 2016 in the amount of $12,150,000 payable over 30 years for the construction of a new library. As of June 30, 2021, the outstanding balance was $10,922,417. These bonds are reflected as a long-term liability of this fund. 1 As of June 30, 2021, outstanding interfund loans of $1,038106 were owed to the General Fund. The interfund loans will be repaid when impact fee revenues become available, with interest set at the Local Agency Investment Fund (LAIF) rate of return.

Description - provide library access to books, internet, and other reading and learning materials to a growing residential population.

Public Facilities
2 | 11
Exhibit A - Resolution 2022-01

Page 357 ends

Item 27.

City of Coachella Development Impact Fees Annual Report 2021 Bus Shelter Impact Fee (Fund 123)
Description - To provide sufficient bus shelters at designated bus stops to accommodate transit expansion.

Fee - Residential - $85/unit
- Hotel/Motel - $85/Rm
- Office - $99/1,000sq.ft.
- Retail - $85/1,000sq.ft.
- Restaurant/Gaming - $106/1,000sq.ft.
- Gasoline - $118/1,000sq.ft.
- Open Uses - $126/Acre
Beginning Ending
Account Description Fund Balance FY 2020-2021 Fund Balance Revenues & Other Sources
Investment earnings (loss) (337)
Total Sources $ (337)
Expenditures & Other Uses
Total Uses $ -
Total Available $ 246,033 $ (337) $ 245,696
Current Year Expenditures
Costs
FY 2020-2021 DIF Funded % DIF Funded
Total $ - $ -
Current Year Expenditures
Est. Facility
Cost Complete DIF Funded % DIF Funded
Total $ - $ -
Note: The Bus Shelter Fee has not been charges to developers since Fiscal Year 2013 and is no longer considered a DIF fee of the City.

Public Facilities
3 | 11
Exhibit A - Resolution 2022-01

Page 358 ends

Item 27.

City of Coachella Development Impact Fees Annual Report 2021 Park Improvement Impact Fee (Fund 126)
Description - provide sufficient park facilities and equipment for additional residents.

Fees - Single Family Residential - $6,480.35/unit
- Multi-Family Residential - $5,443.49/unit
Beginning Ending
Account Description Fund Balance FY 2020-2021 Fund Balance Revenues & Other Sources
Developer fees 1,158,831
Investment earnings (loss) (2,936)
Total Sources $ 1,155,895
Expenditures & Other Uses
Interest expense1 5,704
Contribution adjustment2 537,500
Total Uses 543,204 $
Total Available $ 612,691 (1,098,604) $ (485,913) $
Current Year Expenditures
Costs
FY 2020-2021 DIF Funded % DIF Funded
Total $ - $ -
Total Facility Expenditures
Est. Facility
Cost Complete DIF Funded % DIF Funded
Total $ - $ -
1 As of June 30, 2021, the Park Improvement Impact Fee fund has an outstanding interfund loan of $67,631 due to the General Fund. The interfund loans will be repaid when impact fee revenues become available, with interest set at the Local Agency Investment Fund (LAIF) rate of return. 2 The City agreed to reimburse Park Fees to a developer as part of a settlement agreement in 2012 for the Vista Escondida development. Residential units were completed in the current fiscal year leading to these adjustments.

Public Facilities
4 | 11
Exhibit A - Resolution 2022-01

Page 359 ends

Item 27.

City of Coachella Development Impact Fees Annual Report 2021 Street & Transportation Impact Fee (Fund 127)
Fees - Residential Non-Residential Construction
Single Family Residential - $3,357.48Commercial - $4.62/sq.ft.

Multi-Family Residential - $1,738.69 Office - $5.46/sq.ft.

Industrial - $3.75/sq.ft.

Beginning Ending
Account Description Fund Balance FY 2020-2021 Fund Balance Revenues & Other Sources
Developer fees 738,932
Transfer in1 130,615
Investment earnings (loss) (6,979)
Total Sources 862,568 $
Expenditures & Other Uses
Adjustment to fee revenue2 223,593
Transfers out - CIP fund 74,780
Reimbursement3 70,000
Total Uses 368,373 $
Total Available $ 494,195 (791,111) $ (296,916) $
Current Year Expenditures
Costs
FY 2020-2021 DIF Funded % DIF Funded
Ave 50 Bridge/Whitewater (ST-69) 5,257 2,496 47.48%
Avenue 50 Interchange (ST-81) 48,651 7,857 16.15%
50 Widening Project (ST-93) 166,297 41,574 25.00%
Ave 50 Extension (ST-98) 218,812 6,852 3.13%
Ave 48 Widening Proj (ST-78) 19,022 19,022 100.00%
Total $ 458,040 $ 77,801
Total Facility Expenditures
Est. Facility
Cost Complete DIF Funded % DIF Funded
Ave 50 Bridge/Whitewater (ST-6 2% 52,365,000 0% 17,369
Avenue 50 Interchange (ST-81) 3% 54,928,767 0% 14,735
50 Widening Project (ST-93) 18% 3,693,750 3% 96,608
Ave 50 Extension (ST-98) 83% 2,765,773 8% 208,505
Ave 48 Widening Proj (ST-78) 3,942,977 100% 17% 682,934 Total 117,696,267 $ 1,020,151 $
1 During fiscal 2021, the Bridge and Grade Separation Fund and Traffic Safety fund with balances of $90,747 and $39,868 respectfully were closed and combined within the Street & Transportation Impact Fee Fund. 2 The City made adjustments to previously recorded permits. The previously entered valuations were entered based on initial project estimates that were later modified as certain portions of the development were not completed.
3 A City traffic signal was installed as part of a commercial development. The City reimbursed the developer for the cost of installing the City traffic signal.

Description - To provide for street improvements based on trip demand placed on the road system by new development. This fee includes streets, bridges, interchanges, and grade separations.

Public Facilities
5 | 11
Exhibit A - Resolution 2022-01

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Item 27.

City of Coachella Development Impact Fees Annual Report 2021 Police Facilities Impact Fee (Fund 128)
Fees - Residential NonCommercial - $23.22/1,000sq.ft.

Office - $30.57/1,000sq.ft.

Industrial - $12.10/1,000sq.ft.

Beginning Ending
Account Description Fund Balance FY 2020-2021 Fund Balance Revenues & Other Sources
Developer fees 79,483
Investment earnings (loss) (829)
Total Sources 78,654 $
Expenditures & Other Uses
Adjustment to fee revenue1 883
Total Uses 883 $
Total Available $ 77,771 595,931 $ 673,70 $ 2
Current Year Expenditures
Costs
FY 2020-2021 DIF Funded % DIF Funded
Total $ - $ -
Total Facility Expenditures
Est. Facility
Cost Complete DIF Funded % DIF Funded
Total $ - $ -
1 The City made adjustments to previously recorded permits. The previously entered valuations were entered based on initial project estimates that were later modified as certain portions of the development were not completed.

Description - To provide police facilities and service equipment for increased police needs from expected community growth.

Single Family - $306.54/unit
Multi-Family - $257.49
Public Facilities
6 | 11
Exhibit A - Resolution 2022-01

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Item 27.

City of Coachella Development Impact Fees Annual Report 2021 General Government Facilities Impact Fee (Fund 129)
Description - To provide general government facilities to serve a growing City population.

Fees - Residential Non-Residential
Commercial - $178.54/1,000sq.f.t
Office - $235.13/1,000sq.ft.

Industrial - $93.04/1,000sq.ft.

Beginning Ending
Account Description Fund Balance FY 2020-2021 Fund Balance Revenues & Other Sources
Developer fees 611,635
Investment earnings (loss) (907)
Total Sources 610,728 $
Expenditures & Other Uses
Adjustment to fee revenue1 6,791
Interest expense2 25,539
Debt service3 106,515
Total Uses 138,845 $
Total Available $ 471,88 (4,879,990) $ 3 $ (4,408,107)
Current Year Expenditures
Cost
FY 2020-2021 DIF Funded % DIF Funded
Total $ - - $
Total Facility Expenditures
Est. Facility
Costs Complete DIF Funded % DIF Funded
Total $ - - $
1 The City made adjustments to previously recorded permits. The previously entered valuations were entered based on initial project estimates that were later modified as certain portions of the development were not completed.
2 As of June 30, 2021, outstanding interfund loans of $4,408,666 were owed to the General Fund. The interfund loans will be repaid when impact fee revenues become available, with interest set at the Local Agency Investment Fund (LAIF) rate of return.
3 The General Government Facilities Impact Fee Fund has an outstanding note payable for the purchase of the Civic Center Facility. As of June 30, 2021 the balance of the note is $906,183. The note requires monthly payments of $8,876.26 (Principal and Interest). The note has an annual interest rate of 4%.

Multi-Family - $1,980.39/unit
Public Facilities
Single Family - $2,357.61/unit
7 | 11
Exhibit A - Resolution 2022-01

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Coachella City CouncilJanuary 26, 2022

Coachella City Council
January 26, 2022