Coachella City Council
March 23, 2022

City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502  www.coachella.org
AGENDA

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, AND SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY March 23, 2022
6:00 PM Regular Meeting
Pursuant to Assembly Bill 361,
along with the Governor’s State of Emergency Declaration issued on March 4, 2020, this meeting may be conducted via teleconference.

This meeting’s options will be either in-person or via Zoom:

In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.

Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA March 23, 2022

 The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

CALL TO ORDER:

ROLL CALL:

VIRTUAL PUBLIC MEETINGS:

1. Resolution No. 2022-30 a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361) APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” PLEDGE OF ALLEGIANCE:

PROCLAMATIONS/PRESENTATIONS:

2. Behavior Health Campus - Glenroy Hotel

3. Presentation on Coronavirus (COVID-19) Response Efforts

4. Presentation — Energy Efficiency Upgrade Project
WRITTEN COMMUNICATIONS:

CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)

5. Regular Meeting Minutes of March 9, 2022, of the City Council, Coachella Fire Protection District, Coachella Sanitary District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, and Successor Agency to the Coachella Redevelopment Agency.

6. Voucher Listing — EFT's/FY 2021-22 Expenditures as of March 23, 2022, $1,318,936.46.

7. Adopt Resolution No. 2022-29, A Resolution of the City Council of the City of Coachella to adopt a list of Projects for Fiscal Year 2022/23, Funded by SB 1: Road Repair and Accountability Act.

8. Maintenance of Effort Certification Statements Fiscal Year 2022/2023, the Local Streets and Roads Revenue Projections, as well as the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A Funding

Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA March 23, 2022

9. Contract Amendment No. 1 with Atlas Technical Consultants LLC for construction materials and quality assurance testing in the amount of $25,000 for the Avenue 48 and Harrison Street Sewer Improvement Project, City Project S-24.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

10. Resolution No. 2022-34, Approving Mid-Year Budget Adjustments for Fiscal Year 2021-2022 PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

11. Public Hearing for Resolution No. 2022-31 Conducting Property Owner Protest Ballot Proceedings and Resolution No. 2022-32 Approving the Formation of Landscape and Lighting Maintenance District No. 39 (Sevilla-Tract 38084) (“LLMD 39”), Confirming the Engineer’s Report, the Assessment Diagram and Ordering the Levy and Collection of Assessments.

12. Coachella Entertainment Park:

Adopt Resolution No. 2022-33 approving Entertainment Permit No. 22-01 for the Coachella Entertainment Park outdoor entertainment venue located on a 1.24 acre site at 85-994 Grapefruit Blvd (APN# 778-030- 005 and 778-180-001). Applicant: Nicolas Meza
PUBLIC COMMENTS (NON-AGENDA ITEMS):

The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

Complete Agenda Packets are available for public inspection on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

STAFF REPORT
3/23/2022
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
Best Best & Krieger, LLP, City Attorney
SUBJECT: Resolution No. 2022-30 a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361)
STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2022-30 to continue fully or partially virtual public meetings.

BACKGROUND:

The Brown Act generally allows for teleconference or virtual meetings, provided that the physical locations of the council members joining by teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the council members is located within the City. Newly enacted AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

In March of 2020, Governor Newsom issued Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, enabling fully virtual meetings without having to post the location of the council members attending virtually. Many cities and other public agencies have been holding public meeting using virtual platforms since this time. In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021.

On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect. The Governor then suspended AB 361 until October 2, allowing a transition period from the prior Executive Order.

Under AB 361, cities can hold meetings without a public meeting space and without providing notice of the council members’ teleconference locations if there is a Governor-proclaimed state of emergency and either state or local officials are imposing or recommending measures to promote social distancing or the City Council determines that meeting in person will be unsafe for attendees.

If the virtual meeting is due to social distancing recommendations, the City Council does not have

Item 1.
to make any findings at its first meeting under AB 361. However, to continue meeting virtually, the City Council must find that state or local officials still at least recommend measure to promote social distancing. The findings must be made within 30 days of the first meeting and every thirty days thereafter.

DISCUSSION/ANALYSIS:

On March 4th, 2020, the Governor proclaimed a state of emergency due to the COVID-19 pandemic. The state of emergency remains in effect as of the publication of this report.

Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.

Under AB 361, the “local agency” – which the Brown Act defines as the City, not the City Council - may utilize virtual meetings if the “legislative body” makes the required findings. As defined in the Brown Act, a “legislative body” includes both the City Council and all committees and commissions. Because the City Council is the most appropriate board to make findings and policy decisions on behalf of the City, the proposed resolution contains a two-pronged approached: It provides that all commissions and committees shall be authorized to utilize virtual meeting procedures for 30 days, and authorizes each individual commission or committee to make findings in support of virtual meetings if the City Council has not renewed or terminated the resolution.

Thus, the proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council’s jurisdiction to require in-person meetings as warranted.

AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual public comments, together with reduced capacity in the Chambers as conditions warrant. For any hybrid meetings, AB 361 requires that members of the public be able to make live public comments directly to the Council or other board using telephonic or electronic means and that the agenda identify the means for making public comments.

As noted above, by adopting the proposed Resolution, the City Council is not prohibited from returning to fully in-person meetings. The Resolution is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act’s standard teleconferencing requirements. At future City Council meetings, a consent calendar item will be placed on each agenda to reconsider

Item 1.
and potentially renew the Resolution.

FISCAL IMPACT:

None.

ATTACHMENT:

Resolution No. 2022-30

Item 1.
81211.00100\34422055.2
RESOLUTION NO. 2022-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS UNDER AB 361 FOR CONTINUED VIRTUAL

MEETINGS
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to provide public access at each location in which members of the legislative body are teleconferencing; and
WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet fully virtually during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the City Council finds that the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act; and
WHEREAS, the City Council has reconsidered the circumstances of the state of emergency and finds that state or local officials continue to recommend measures to promote social distancing; and
WHEREAS, the City Council desires that the City of Coachella, including all commissions, committees, and other Brown Act bodies shall continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES HEREBY RESOLVE AND FIND AS FOLLOWS:

Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. The City Council and all other commissions, committees or other Brown Act bodies of the City shall be authorized to continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3).

Section 3. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.

Section 4. The City Council shall take action to renew this Resolution every thirty days for as long as any state or local officials continue to recommend any measures to promote social

Item 1.
81211.00100\34422055.2
Resolution No. 2022-30

distancing, but the City Council may terminate the Resolution at any time. In the event that more than 30 days pass between regular City Council meetings, the City Council shall take action to renew this Resolution prior to taking any action or engaging in any deliberation or discussion in a virtual meeting; renewal of this Resolution may occur either at the beginning of the next regular meeting or at a special meeting called for such purposes. In the event this Resolution has lapsed, and the City Council has not terminated it, any commission, committee or other Brown Act board of the City shall be authorized to, and shall, make any required findings in order to meet virtually under AB 361.

Section 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that the City Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 23rd day of March 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 1.
81211.00100\34422055.2
Resolution No. 2022-30

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-33 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 23rd day of March 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

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

Item 1.

PROPOSED

Item 2.

HEALTHY PLACES INDEX

Item 2.

Item 2.

Item 2.

Item 2.

PERMANENT SUPPORTIVE HOUSING, RECOVERY RESIDENCE, CHILDREN’S WELCOME CENTER, STRTP FLOOR PLANS Page 15
Item 2.

POTENTIAL LOCATION
The resort site is flat and irregularly shaped, encompassing approximately 35.0± acres. Zoning is “C-G” General Commercial, a fairly broad commercial zoning that allows multi-family development.

Item 2.

EXISTING PROPERTY

Item 2.

EXISTING PROPERTY

Item 2.

Item 2.

Item 2.

Item 2.

Crisis Campus

Item 2.

Item 2.

Item 2.

Item 2.

Item 2.
• Full Service Partnerships
• “Do whatever it takes” mentality to providing care
• 24-7 crisis availability
• Smaller caseloads per case-bearing staff
• Effective in multiple areas; RAND study in LA DMH found • Decreased inpatient utilization
• Decreased homelessness
• Decreased rates of arrests
• Increased linkage with PCP

0.24 0.51

0.96 0.7

0.02 0.29

0.64 0.07
0 0.1

0.2 0.3

0.4 0.5

0.6 0.7

0.8 0.9
1 Arrests Acute Hospitalizations Mental Health
Emergencies
Physical Health
Emergencies
Event Rate (# of Events/Person- Year)
Adult FSP Outcomes FY 2019-2020
Intake Follow-Up

0.33 1.16

2.53 0.81

0.01 0.02

0.07 0.07 0.02 0.00

0.00 0.50

1.00 1.50

2.00 2.50

3.00 Arrests Acute
Hospitalizations
Mental Health
Emergencies
Physical Health
Emergencies
Long-Term Care
Event Rate (#Events/person-year)
Intake Follow-Up
95% ↓
94% ↓
97% ↓
98% ↓
85% ↓

Item 2.
• Forensics Full Service Partnerships
• Decrease in arrests, psychiatric hospitalizations, crisis emergency room use.
• Increases in Substance Use identification and Substance Use services • Jail days decreased by 48%
• Increase in Physical Health visits
Arrests Mental Health
ED Visits
Physical Health
Visits
Acute Psychiatric
Hospitalizations

DECREASED
82%

DECREASED
88%

INCREASED
24%

DECREASED
65%

Item 2.

Updates
• State grant opportunity
• Countywide RFP

Item 2.

Item 2.

City of
Coachella
Energy
Efficiency Project

Item 4.

Background
 Energy cost can account for up to 10% of a local government’s annual operating budget  Parks, Streetlights, & Facilities - $638,000
 Sanitary District - $400,000
 Water Authority - $550,000
 TOTAL: $1,588,000
 Improving energy efficiency in local government facilities can produce a variety of energy, environmental, economic benefits:
 Reduce GHG emissions
 Reduce Energy Costs
 Increase Economic Benefit (Job Creation and Market Development)  Improve Indoor Air Quality and Productivity
 Demonstrate Leadership Page 32
Item 4.

Lighting – Existing City Facilities
Interior Lighting Exterior Lighting

Item 4.

Lighting – Energy Upgrade Examples
Interior Lighting Exterior Lighting

Item 4.

HVAC/Mechanical/Plumbing Systems

Item 4.

HVAC/Mechanical/Plumbing Systems

Item 4.

Examples of Energy Efficient Projects

Item 4.

Sanitary Projects • Pump Systems Evaluations Pumping and aeration equipment are a significant energy user at wastewater facilities.

Evaluate current systems and identify
opportunities for potential energy efficiency
improvements such as pump replacement or
rebuilding.
•
• Process Systems Evaluations
Evaluate the efficiency of each facility process
system and potential alternatives to
technologies currently in use for each process:
• Sewer flow monitoring • SCADA upgrades • Substitution of fine or ultra fine bubble aeration
•Dewatering and solids management
alternatives

Item 4.

Water Projects
• Pump Systems Evaluations
Evaluate current systems and identify opportunities
for potential energy efficiency improvements such as
pump replacement or solar use.
•
• Process Systems Evaluations
Evaluate the efficiency of each facility process
system and potential alternatives to technologies
currently in use for each process:
• Improvements to the variable frequency drive
systems (VFD) or installing new VFDs at site

Item 4.

Tools
 California Government Code Section 4217 allows the City to forgo its standard low-bid public procurement processes to implement turn-key energy services projects when the City finds this procurement method in its best interest
 Benefits include:
 Eliminate the cost associated with contracting a consultant to run the RFP process.  Timing: faster project completion which results in quicker realization of the savings value.
 Disadvantages include:
 More difficult for the buyer to ensure they are getting a competitive quote.  May lose other vendor interest if they feel sole source scenario likely to persist.  If real problems or significant shifts occur within that vendor, project can get stuck or face other risks.

Item 4.

Next Step
 Allow Staff to engage energy solutions companies that can provide:
 Preliminary energy analysis and audits of current
systems
 Develop of list of Facility Improvement Measures (FIM)  Product options and design alternatives
 Cash Flow Pro-Forma, potential financing and rebate
sources
 Cost Analysis/Cost Savings
 Recommended Implementation Process

Item 4.

Questions/Comments

Item 4.

City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502  www.coachella.org

MINUTES

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, AND SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY March 09, 2022
6:00 PM Regular Meeting
CALL TO ORDER:

The Regular Meeting of the City Council of the City of Coachella was called to order at 6:02 p.m. by Mayor Hernandez.

ROLL CALL:

Present: Councilmember Beaman Jacinto, Councilmember Delgado, Councilmember Galarza (arrived at 6:15 p.m.), Mayor Pro Tem Gonzalez, and Mayor Hernandez.

City Treasurer Aviles, and City Clerk Zepeda

Absent: None.

Pursuant to Assembly Bill 361, along with the Governor’s State of Emergency Declaration issued on March 4, 2020, this meeting was conducted both in-person and via teleconference/electronically.

VIRTUAL PUBLIC MEETINGS:

1. Resolution No. 2022-23 a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361) Motion: To approve per staff recommendation
Made by: Mayor Hernandez
Seconded by: Councilmember Beaman Jacinto
Approved: 4-0, by a unanimous voice vote.

APPROVAL OF AGENDA:

City Manager Martin asked Council to remove Item 6 from the agenda and continue the item to the meeting of March 23, 2022.

Item 5.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA March 09, 2022

Motion: To approve the agenda with the modification
Made by: Mayor Pro Tem Gonzalez
Seconded by: Mayor Hernandez
Approved: 4-0, by a unanimous voice vote
PLEDGE OF ALLEGIANCE:

City Manager Martin led the Pledge of Allegiance.

PROCLAMATIONS/PRESENTATIONS:

2. State Legislative Update by Oracio Gonzalez with Ollin Strategies Councilmember Galarza arrived to the meeting at 6:15 p.m. during the first presentation.

3. Presentation on Coronavirus (COVID-19) Response Efforts

4. Holiday Parade Overview

5. Park Field Use Fee Review

6. This item was removed during Approval of the Agenda.

WRITTEN COMMUNICATIONS:

There were no written communications.

CONSENT CALENDAR:

7. Regular Meeting Minutes of February 23, 2022, of the City Council, Coachella Fire Protection District, Coachella Sanitary District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, and Successor Agency to the Coachella Redevelopment Agency.

8. Voucher Listing — EFT's/Utility Billing Refunds/FY 2021-22 Expenditures as of March 9, 2022, $3,905,121.15.

9. Approve Resolution No. 2022-24 Adopting a Recovered Organic Waste Produce Procurement Policy as required by SB 1383.

10. Adopt Resolution 2022-27 Authorizing the City Manager to submit an application to the California State Library for Budget Act of 2021 (SB 129) funding in the amount of $5,250.000 for the Library Annex Project with a total project budget of $6,000,000.

11. Adopt Resolution No. 2022-28 funding a Full-Time Department Assistant II position for the Code Enforcement division.

Item 5.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA March 09, 2022

12. Appropriate funding for 2022 Suavecito Sundays Event Series.

13. Authorize Facility Use Permit fee waiver for the Desert Recreation District use of the Coachella Library during the 2022 summer months.

14. Professional Service Agreement with KOA Corporation to develop Plans, Specifications & Engineer’s Estimates for the 2022 Pedestrian and Road Safety Improvement Project, City Project ST-134.

15. Authorize City Manager to sign Memorandum of Understanding (MOU) between FIND Food Bank and Eleanor Shadowen Senior Center.

16. Authorize the City Manager to enter into an agreement for the acquisition of real property for the westerly extension of Fifth Street to complete the Pueblo Viejo Transit Hub Paseo.

17. Authorize the City Manager to Execute the Third Supplement to Memorandum of Understanding Regarding Governance of the Indio Subbasin under the Sustainable Groundwater Management Act.

18. Authorization to File a Notice of Completion for City of Coachella Water Meter Exchange Project.

Motion: To approve per staff recommendation, Consent Calendar Items 7 through 18.

Made by: Mayor Pro Tem Gonzalez
Seconded by: Councilmember Galarza
Approved: 5-0, by a unanimous roll call vote, with the exception of a 4-0-1 vote on Items 10 and 16, with the abstention from *Mayor Hernandez AYES: Councilmember Beaman Jacinto, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and *Mayor Hernandez.

NOES: None.

ABSTAIN: *Mayor Hernandez on Items 10 and 16.

ABSENT: None.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

19. Resolution No. 2022-25, Initiating the Formation of Landscaping and Lighting Maintenance District No. 40 (Mariposa Pointe-Tract 32074, 32074-1 & 32074-2) (“LLMD 40”); and Resolution No. 2022-26, Declaring Intention to Form, Levy and Collect Assessments Commencing in Fiscal Year 2022/2023, preliminary approval of Engineer’s Report and Setting Time and Place for Public Hearing to Conduct Property Owner Protest Ballot Proceedings.

Motion: To approve per staff recommendation
Made by: Councilmember Beaman Jacinto
Seconded by: Councilmember Galarza
Approved: 5-0, by the following roll call vote:

Item 5.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA March 09, 2022

AYES: Councilmember Beaman Jacinto, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: None.

20. Authorize purchase of a new Haaker Equipment Vactor Model 2112 for the Coachella Sanitary District for $484,657.99, and authorize the City Manager to sign the Purchase Agreement Proposal.

Motion: To approve per staff recommendation
Made by: Mayor Pro Tem Gonzalez
Seconded by: Councilmember Galarza
Approved: 5-0, by the following roll call vote:

AYES: Councilmember Beaman Jacinto, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: None.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

None.

PUBLIC COMMENTS (NON-AGENDA ITEMS):
a) Ventura Gutierrez, in-person
b) Bernice Perezchica, in-person
c) Ismael Soliz, in-person
d) Melanie Gonzalez, via Zoom
REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 7:56 p.m.

Respectfully submitted,
___________________________
Angela M. Zepeda
City Clerk

Item 5.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

Item 6.

STAFF REPORT
3/23/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Adopt Resolution No. 2022-29, A Resolution of the City Council of the City of Coachella to adopt a list of Projects for Fiscal Year 2022/23, Funded by SB 1:

Road Repair and Accountability Act.

STAFF RECOMMENDATION:

Authorize the City Manager to adopt Resolution No. 2022-29, A Resolution of the City Council of the City of Coachella to adopt a list of Projects for Fiscal Year 2022/23, Funded by SB 1:

Road Repair and Accountability Act.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB 1) (Beall, Chapter 5, Statutes 2017), which is known as the Road Repair and Accountability Act of 2017. The purpose and intention of the Act is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems, as well as provide transit assistance.

Prior to the passage of SB 1, cities and counties were delaying or canceling projects and preparing to lay off staff. Due to lack of funding, basic maintenance of the local streets and road system, repair and replacement of bridges, safety improvements and multi-modal enhancements were all at risk.

The new transportation bill will provide cities and counties an opportunity to catch up on years of unfunded maintenance needs that have plagued our roadways for years. Maintenance and rehabilitation projects will extend the service life of our local streets, roads and bridges. Cities and Counties will also use SB 1 funds for complete streets projects, increasing mobility options for residents, and will employ, to the extent possible green technologies, materials and methods to reduce impacts to the environment from transportation projects.

DISCUSSION/ANALYSIS:

SB 1 includes historic accountability and transparency measures. Cities and counties will adopt project lists at the start of every Fiscal Year and also provide year end reporting on completed projects.

Item 7.

The City of Coachella is proposing the following projects as follows:

Proposed Project 1: Street Pavement Rehabilitation Phase 18 Project Description: Improve the street pavement and resurfacing within the Escondida Pointe neighborhood and various locations throughout the City including, but not limited to, Avenue 50, Avenue 52, Fillmore Street, Shady Lane, Orchard Avenue, Enterprise Way, 4th Street and Vine Street.

Location: Escondida Pointe and various locations throughout the City.

Estimated Project Schedule: 09/2022-12/2022
Estimated Cost: $750,000
Estimated Project Useful Life: Twenty years with proper maintenance Proposed Project 2: Avenue 50 Widening Project
Project Description: Widening of Avenue 50 from 2 lanes to 4 lanes from Calhoun Street to Cesar Chavez Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.

Location: Avenue 50 between Calhoun Street and Cesar Chavez Street Estimated Project Schedule: 3/2023-12/2023
Estimated Cost: $9,250.000
Estimated Project Useful Life: Twenty years with proper maintenance The following previously proposed and adopted projects may also utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Proposed Project 1: Street Pavement Rehabilitation Phase 17 Project Description: Improve the street pavement and resurfacing within the Valencia and Las Plumas Neighborhoods and other streets throughout the City.

Location: Valencia and Las Plumas Neighborhoods, Avenue 48, and Vista Del Norte.

Estimated Project Schedule: 06/2022-08/2022
Estimated Cost: $920,000
Estimated Project Useful Life: Twenty years with proper maintenance Proposed Project 2: Avenue 48 Widening Project
Project Description: Widening of Avenue 48 from 2 lanes to 5 lanes from Dillon to Van Buren Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.

Location: Avenue 48 from Dillon to Van Buren St
Estimated Project Schedule: 06/2022-01/2023
Estimated Cost: $2,046,000
Estimated Project Useful Life: Twenty years with proper maintenance Proposed Project 3: 2022 Citywide Pedestrian Safety Improvement Project

Item 7.

Project Description: Improve pedestrian safety in critical areas including sidewalk and crosswalk repair, street lighting, ADA ramp repair, and striping.

Location: Various locations on major and minor corridors throughout the City including, but not limited to, Avenue 52 and Avenue 53.

Estimated Project Schedule: 06/2022-09/2022
Estimated Cost: $500,000
Estimated Project Useful Life: Twenty years with proper maintenance FISCAL IMPACT:

The SB 1 Anticipated revenues are for an amount of $1,090,155 for the Fiscal Year 2022-23.

This resolution adopting a list of projects for fiscal year 2022/23, funded by SB 1: Road Repair and Accountability Act will benefit the City of Coachella by maintaining City eligibility to continue receiving SB1 funding.

ATTACHMENTS:

1. Resolution 2022-29

Item 7.

RESOLUTION NO. 2022-29

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,090,155 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, add safety and active transportation infrastructure throughout the City this year and other similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a very good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an excellent condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets

Item 7.

Resolution No. 2022-29

infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the Coachella, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Proposed Project 1: Street Pavement Rehabilitation Phase 18 Project Description: Improve the street pavement and resurfacing within the Escondida Pointe neighborhood and various locations throughout the City including, but not limited to, Avenue 50, Avenue 52, Fillmore Street, Shady Lane, Orchard Avenue, Enterprise Way, 4 th Street and Vine Street.

Location: Escondida Pointe and various locations throughout the City.

Estimated Project Schedule: 09/2022-12/2022
Estimated Cost: $750,000
Estimated Project Useful Life: Twenty years with proper maintenance Proposed Project 2: Avenue 50 Widening Project
Project Description: Widening of Avenue 50 from 2 lanes to 4 lanes from Calhoun Street to Cesar Chavez Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.

Location: Avenue 50 between Calhoun Street and Cesar Chavez Street Estimated Project Schedule: 3/2023-12/2023
Estimated Cost: $9,250.000
Estimated Project Useful Life: Twenty years with proper maintenance

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2022- 23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Proposed Project 1: Street Pavement Rehabilitation Phase 17 Project Description: Improve the street pavement and resurfacing within the Valencia and Las Plumas Neighborhoods and other streets throughout the City.

Location: Valencia and Las Plumas Neighborhoods, Avenue 48, and Vista Del Norte.

Estimated Project Schedule: 06/2022-08/2022
Estimated Cost: $920,000
Estimated Project Useful Life: Twenty years with proper maintenance

Item 7.

Resolution No. 2022-29

Proposed Project 2: Avenue 48 Widening Project
Project Description: Widening of Avenue 48 from 2 lanes to 5 lanes from Dillon to Van Buren Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.

Location: Avenue 48 from Dillon to Van Buren St
Estimated Project Schedule: 06/2022-01/2023
Estimated Cost: $2,046,000
Estimated Project Useful Life: Twenty years with proper maintenance Proposed Project 3: 2022 Citywide Pedestrian Safety Improvement Project Project Description: Improve pedestrian safety in critical areas including sidewalk and crosswalk repair, street lighting, ADA ramp repair, and striping.

Location: Various locations on major and minor corridors throughout the City including, but not limited to, Avenue 52 and Avenue 53.

Estimated Project Schedule: 06/2022-09/2022
Estimated Cost: $500,000
Estimated Project Useful Life: Twenty years with proper maintenance PASSED, APPROVED and ADOPTED this 23rd day of March 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 7.

Resolution No. 2022-29

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-29 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 23rd day of March 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

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

Item 7.

STAFF REPORT
3/23/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E. City Engineer
SUBJECT: Maintenance of Effort Certification Statements Fiscal Year 2022/2023, the Local Streets and Roads Revenue Projections, as well as the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A Funding STAFF RECOMMENDATION:

Authorize the City Manager to Execute a Maintenance of Effort Certification Statement for Fiscal Year 2022/2023, the Local Streets and Roads Revenue Projections, and submit the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A Funding.

BACKGROUND:

The requirements for receipt of Measure A Local Street and Roads funding are to submit a FiveYear Capital Improvement Projects Plan (CIP), a signature on the Maintenance of Effort Certification, and a Project Status Report for the prior fiscal year funding.

The Five Year CIP plan is a list of proposed uses for Measure A Local Streets and Roads funding and must be based upon the revenue projections provided from Riverside County Transportation Commission. The projects include the description of the anticipated project, the funding sources of the project, and expenditures that will be anticipated from year to year.

The Measure A Ordinance requires annual certification that discretionary General Fund expenditures for transportation related construction and maintenance activities for Fiscal Year 2022/2023 will meet or exceed the Maintenance of Effort Certification Base Year requirement.

This certification process is one part of the regulations to receive Measure A funding.

The Riverside County Transportation Commission must also receive a Project Status Report for the prior fiscal year. The purpose of this report is to document the progress to date on engineering, right-of-way acquisition, and the construction that Measure A is funding as well as the completion date or anticipated completion date.

Item 8.

FISCAL IMPACT:

Authorizing the City Manager to Execute the FY 2022/2023 Maintenance of Effort Certification Statement, the Local Streets and Roads Revenue Projections, as well as the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A will benefit the City of Coachella to receive Measure A funding.

ATTACHMENTS:

1. Measure A FY 2022/23 Revenue Projections

2. FY 2022-2026 CIP and 21-22 Project Status Report

3. FY 2022/23 Measure A Maintenance of Effort Certification Statement

4. City of Coachella Measure A Final Report

5. City of Coachella 5 Year Measure A Funding Capital Projects

Item 8.

FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27
Western County
Local Streets & Roads
BANNING 857,000 $ 874,000 $ 891,000 $ 909,000 $ 927,000 $ BEAUMONT 1,542,000 1,512,000 1,573,000 1,604,000 1,636,000 CALIMESA 274,000 279,000 285,000 291,000 297,000
CANYON LAKE 267,000 262,000 272,000 277,000 283,000
CORONA 5,841,000 5,726,000 5,958,000 6,077,000 6,199,000 EASTVALE 2,037,000 1,997,000 2,078,000 2,120,000 2,162,000 HEMET 2,531,000 2,582,000 2,634,000 2,687,000 2,741,000 JURUPA VALLEY 3,628,000 3,557,000 3,701,000 3,775,000 3,851,000 LAKE ELSINORE 1,985,000 2,025,000 2,066,000 2,107,000 2,149,000 MENIFEE 2,646,000 2,699,000 2,753,000 2,808,000 2,864,000 MORENO VALLEY 5,710,000 5,824,000 5,940,000 6,059,000 6,180,000 MURRIETA 3,554,000 3,484,000 3,625,000 3,698,000 3,772,000 NORCO 931,000 950,000 969,000 988,000 1,008,000
PERRIS 3,001,000 3,061,000 3,122,000 3,184,000 3,248,000 RIVERSIDE 10,257,000 10,462,000 10,671,000 10,884,000 11,102,000 SAN JACINTO 1,336,000 1,310,000 1,363,000 1,390,000 1,418,000 TEMECULA 4,202,000 4,120,000 4,286,000 4,372,000 4,459,000 WILDOMAR 928,000 947,000 966,000 985,000 1,005,000
RIVERSIDE COUNTY 7,829,000 7,986,000 8,146,000 8,309,000 8,475,000 SUBTOTAL-Western County 60,096,000 58,917,000 61,299,000 62,524,000 63,776,000 Coachella Valley
CATHEDRAL CITY 1,943,000 1,905,000 1,982,000 2,022,000 2,062,000 COACHELLA 773,000 758,000 788,000 804,000 820,000
DESERT HOT SPRINGS 624,000 636,000 649,000 662,000 675,000 INDIAN WELLS 256,000 261,000 266,000 271,000 276,000
INDIO 2,454,000 2,503,000 2,553,000 2,604,000 2,656,000 LA QUINTA 1,902,000 1,865,000 1,940,000 1,979,000 2,019,000 PALM DESERT 3,263,000 3,199,000 3,328,000 3,395,000 3,463,000 PALM SPRINGS 2,924,000 2,982,000 3,042,000 3,103,000 3,165,000 RANCHO MIRAGE 1,111,000 1,133,000 1,156,000 1,179,000 1,203,000 RIVERSIDE COUNTY 2,297,000 2,343,000 2,390,000 2,438,000 2,487,000 SUBTOTAL-Coachella Valley 17,393,000 17,739,000 18,094,000 18,457,000 18,826,000 Palo Verde Valley
BLYTHE 969,000 988,000 1,008,000 1,028,000 1,049,000
RIVERSIDE COUNTY 251,000 256,000 261,000 266,000 271,000 SUBTOTAL-Palo Verde Valley 1,244,000 1,220,000 1,269,000 1,294,000 1,320,000 TOTAL 1 $ 79,079,000 77,530,000 $ 80,662,000 $ 82,275,000 $ 83,922,000 $ ¹
Note: Estimate for Planning Purposes, subject to change and rounding differences.

Administrative costs are allocated in accordance with a cost allocation plan on a quarterly basis. Accordingly, the Measure A allocations to each geographic area by program will be reduced for such quarterly cost allocations.

RIVERSIDE COUNTY TRANSPORTATION COMMISSION

MEASURE A LOCAL STREETS AND ROADS PROGRAM ALLOCATION (PROJECTION) FY 2022/23 ORIGINAL (1/12/2022)

Item 8.

MEASURE A

LOCAL STREETS

AND ROADS PROGRAM
Project Status Report FY21-22

Agency: COACHELLA
Prepared by: Andrew Simmons
Phone #: 760-398-5744
Date: 3/14/2022
Item No. Project Name / Limits Project Type Total Cost
Anticipated
Measure A Funds
Expended (Est thru
6/30/2022)
Estimated/
Actual
Completion Status
2022-01 ST-105 Street Resurfacing,
Phase 17
This project will improve the street
pavement and resurfacing. This will
include repair or replacement of
curb, gutter, sidewalks, new overlay,
and the installation of handicap
ramps as required. The street
pavements are identified from the
Pavement Management Update.
$ 919,085 $ 459,543
In Progress to
be completed
in FY 22/23
In Progress
2022-02 ST-129 Avenue 52 and
Calhoun
Pavement rehabilitation from
Calhoun to City Limits. This is a joint
project with the County of Riverside.
487,075 243,537
In Progress to
be completed
in FY 22/23
In Progress
2022-03 ST-133 Airport Blvd Segments
Microsurfacing
Rout and Seal cracks, remove current
painted traffic stripe and pavement
markings, microsurfacing,
thermoplastic crosswalk and
pavement markings, paint traffic
stripe with two coats and reflective
pavement markers. Joint project with
the County, with the County of
Riverside Lead.
76,662 76,662 9/17/2021 Completed
TOTAL $ 1,482,822 $ 779,742
PROJECT STATUS REPORT FY 2021/22

Item 8.

MEASURE A

LOCAL STREETS

AND ROADS PROGRAM
FY 2022-23

Agency: COACHELLA
Prepared by: Andrew Simmons
Phone #: 760-398-5744
Date: 3/14/2022
FY 2020/21 Audited Measure A Balance: $ 687,821
FY 2021/22 (Revised) Measure A Revenue: 795,000
Less: FY 2021/22 Project Status Report expenses: (779,742) Estimated Prior Year Measure A Balance: 703,080
Estimated FY 2022/23 Measure A Allocation: 758,000
Estimated Measure A Available for FY 2022/23 Projects: $ 1,461,080 Item No. Project Name / Limits Project Type Total Project Cost
Measure A
Funds
2022/23
2023-01 ST-93 Avenue 50
Widening Project
Widen and improve Avenue 50
from Calhoun to Cesar Chavez,
including roadway widening,
traffic engineering, traffic signal
modifications. Sidewalk
improvements, bicycle lanes,
drainage and landscaping
$ 9,250,000 $ 500,000
2023-02
ST-113 Street Pavement
Rehabilitation Phase 18
22/23
This project will improve the
street pavement and
resurfacing. This will include
repair or replacement of curb,
gutter, sidewalks, new overlay,
and the installation of
handicap ramps as required.

The street pavements are
identified from the Pavement
Management Update.
758,000 258,000
2022-01 ST-105 Street Resurfacing,
Phase 17
This project will improve the
street pavement and
resurfacing. This will include
repair or replacement of curb,
gutter, sidewalks, new overlay,
and the installation of
handicap ramps as required.

The street pavements are
identified from the Pavement
Management Update.
919,085 459,543
FY 2022/23

Item 8.

MEASURE A

LOCAL STREETS

AND ROADS PROGRAM
FY 2022-23

2022-02 ST-129 Avenue 52 and
Calhoun
Pavement rehabilitation from
Calhoun to City Limits. This is a
joint project with the County of
Riverside.
487,075 243,537
TOTAL $ 11,414,160 $ 1,461,080

Item 8.

MEASURE A

LOCAL STREETS

AND ROADS PROGRAM
FY 2023-24

Agency: COACHELLA
Prepared by: Andrew Simmons
Phone #: 760-398-5744
Date: 3/14/2022
Estimated Prior Year Measure A Balance: $ -
Estimated FY 2023/24 Measure A Allocation: 773,000
Estimated Measure A Available for FY 2023/24 Projects: $ 773,000 Item No. Project Name / Limits Project Type Total Project Cost
Measure A
Funds
2023/24
2024-01 ST-118 Street Resurfacing,
Phase 19
This project will improve the
street pavement and
resurfacing. This will include
repair or replacement of curb,
gutter, sidewalks, new overlay,
and the installation of
handicap ramps as required.

The street pavements are
identified from the Pavement
Management Update.
$ 773,000 $ 773,000
TOTAL $ 773,000 $ 773,000
FY 2023/24

Item 8.

MEASURE A

LOCAL STREETS

AND ROADS PROGRAM
FY 2024-25

Agency: COACHELLA
Prepared by: Andrew Simmons
Phone #: 760-398-5744
Date: 3/14/2022
Estimated Prior Year Measure A Balance: $ -
Estimated FY 2024/25 Measure A Allocation: 788,000
Estimated Measure A Available for FY 2024/25 Projects: $ 788,000 Item No. Project Name / Limits Project Type Total Project Cost
Measure A
Funds
2024/25
2025-01 ST-128 Street Resurfacing,
Phase 20
This project will improve the
street pavement and
resurfacing. This will include
repair or replacement of curb,
gutter, sidewalks, new overlay,
and the installation of handicap
ramps as required. The street
pavements are identified from
the Pavement Management
Update.
$ 788,000 $ 788,000
TOTAL $ 788,000 $ 788,000
FY 2024/25

Item 8.

MEASURE A

LOCAL STREETS

AND ROADS PROGRAM
FY 2025-26

Agency: COACHELLA
Prepared by: Andrew Simmons
Phone #: 760-398-5744
Date: 3/14/2022
Estimated Prior Year Measure A Balance: $ -
Estimated FY 2025/26 Measure A Allocation: 804,000
Estimated Measure A Available for FY 2025/26 Projects: $ 804,000 Item No. Project Name / Limits Project Type Total Project Cost
Measure A
Funds
2025/26
2026-01 ST-132 Street Resurfacing,
Phase 21
This project will improve the
street pavement and
resurfacing. This will include
repair or replacement of curb,
gutter, sidewalks, new overlay,
and the installation of handicap
ramps as required. The street
pavements are identified from
the Pavement Management
Update.
$ 804,000 $ 804,000
TOTAL $ 804,000 $ 804,000
FY 2025/26

Item 8.

MEASURE A

LOCAL STREETS

AND ROADS PROGRAM
FY 2026-27

Agency: COACHELLA
Prepared by: Andrew Simmons
Phone #: 760-398-5744
Date: 3/14/2022
Estimated Prior Year Measure A Balance: $ -
Estimated FY 2026/27 Measure A Allocation: 820,000
Estimated Measure A Available for FY 2026/27 Projects: $ 820,000 Item No. Project Name / Limits Project Type Total Project Cost
Measure A
Funds
2026/27
2027-01 ST-135 Street
Resurfacing, Phase 22
This project will improve the street
pavement and resurfacing. This
will include repair or
replacement of curb, gutter,
sidewalks, new overlay, and the
installation of handicap ramps as
required. The street pavements
are identified from the Pavement
Management Update.
$ 820,000 $ 820,000
TOTAL $ 820,000 $ 820,000
FY 2026/27

Item 8.

FY 2022/23

MAINTENANCE OF EFFORT CERTIFICATION STATEMENT
Dated: ___________________, 2020

_________________________________

CITY MANAGER
ATTEST:
_________________________________

SECRETARY
The undersigned agrees and certifies for the city of Coachella (the “Agency”) that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission (“Measure A”) shall be used in compliance with the Commission’s Maintenance of Effort Guidelines and a base year amount of $92,205, approved by the Commission at its September 14, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission.

Item 8.

CITY OF COACHELLA, CALIFORNIA
Report on Agreed-Upon Procedures
Applied to Measure A – Local Streets and Roads
Fiscal Year Ended June 30, 2021

Item 8.
__________________________________________________________________________________________________________________________________________________________________________________ 23161 Lake Center Drive, Suite 200, Lake Forest, CA 92630 ■ T: (949) 552-7700 ■ www.conradllp.com 1 Independent Accountant’s Report
On Applying Agreed-Upon Procedures
The Board of Commissioners
Riverside County Transportation Commission
Riverside, California
We have performed the procedures enumerated below on Measure A - Local Streets and Roads Program of the City of Coachella, California (“City”) as of and for the year ended June 30, 2021.

Riverside County Transportation Commission (“RCTC”) has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose whether the City was in compliance with the Measure A - Local Streets and Roads Program grant terms and conditions for the year ended June 30, 2021. Additionally, RCTC and the City have agreed to and acknowledged that the procedures performed are appropriate for their purposes. This report may not be suitable for any other purpose. The procedures performed may not address all of the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and related findings are as follows:

1. Obtain the 2009 Measure A (Ordinance 02-001) compliance requirements. Western County jurisdictions are required to participate in the Transportation Uniform Mitigation Fee (“TUMF”) program and in the Multi-Species Habitat Conservation Plan (“MSHCP”), which are administered by the Western Riverside Council of Governments (“WRCOG”) and the Western Riverside County Regional Conservation Authority (“RCA”), respectively.

Coachella Valley jurisdictions are required to participate in the TUMF program administered by the Coachella Valley Association of Governments (“CVAG”). Indicate participation in TUMF and/or MSHCP programs.

Finding: The City participates in the TUMF program administered by CVAG. No exceptions were noted as a result of applying this procedure.

2. Obtain the City’s approved 5-Year Capital Improvement Plan (“CIP”) from RCTC for the fiscal year ended June 30, 2021.

Finding: No exceptions were noted as a result of applying this procedure.

3. Obtain a detailed general ledger and balance sheet from the City for the fiscal year ended June 30, 2021.
a. Identify the amount of Measure A cash and investments recorded at June 30, 2021.

Compare amount to Measure A fund balance and provide an explanation for any difference greater than 25% fund balance.

Item 8.

Board of Commissioners
Riverside County Transportation Commission
Riverside, California
2 Finding: Measure A cash and investments were $611,655 at June 30, 2021. The difference between Measure A cash and investments of $611,655 and fund balance of $687,821 is $76,166 or 11% of the fund balance.
b. Identify amounts due from other funds.

Finding: There were no amounts due from other funds at June 30, 2021. c. Identify the components of ending fund balance for Measure A activity.

Finding: Ending fund balance for Measure A activity was unassigned in the amount of $687,821 at June 30, 2021.
i. Identify the existence of any restatement of Measure A fund balance and inquire of management as to the reason for any restatement.

Finding: We noted no restatement of Measure A fund balance at June 30, 2020. ii. Compare ending fund balance to total revenues for the current year and prior two years. If ending fund balance is greater than the sum of total revenues for the three-year period, inquire of management as to the reason(s) for the accumulation of fund balance.

Finding: No exceptions were noted as a result of applying this procedure. The City’s ending fund balance did not exceed the cumulative total revenues for the 3- year period as illustrated below.

Revenue for year ended June 30, 2021 $ 768,424
Revenue for year ended June 30, 2020 711,513
Revenue for year ended June 30, 2019 695,343
Total Revenue for the 3-year period $ 2,175,280
Fund balance for year ended June 30, 2021 $ 687,821

4. Obtain an operating statement for Measure A activity for the fiscal year ended June 30, 2021 (see Exhibit A), including budget amounts.
a. Review the revenues in the operating statement.
i. Inquire of management as to what fund was used to record Measure A revenues received from RCTC and document total revenues for the fiscal year ended June 30, 2021.

Finding: The City accounts for Measure A revenue in its Local Transportation Fund – Measure A (Fund #117). The City recorded total revenues in the amount of $768,424 for the fiscal year ended June 30, 2021.

Item 8.

Board of Commissioners
Riverside County Transportation Commission
Riverside, California
3 ii. Obtain a listing of Measure A payments made from RCTC to the City. Compare the Measure A revenues recorded by the City to the listing of payments made by RCTC.

Finding: We identified no variances between the Measure A revenues recorded by the City and the RCTC Measure A payment schedule, which totaled $766,227. iii. Determine the amount of interest allocated to Measure A activity for the fiscal year ended June 30, 2021.

Finding: The City allocated interest income in the amount of $5,492 and charged investment fees in the amount of $3,295 to the Measure A activity for the fiscal year ended June 30, 2021. This resulted in a net interest income of $2,197. b. Review the expenditures in the operating statement.
i. Inquire of management as to what fund is used to record Measure A expenditures and document total expenditures for the fiscal year ended June 30, 2021.

Finding: The City accounts for Measure A expenditures in its Local Transportation Fund – Measure A (Fund #117). The City recorded total expenditures in the amount of $270,288 for the fiscal year ended June 30, 2021. ii. Select expenditures for testing that comprise at least 20% of total Measure A expenditures.

Finding: The City recorded Measure A expenditures in the amount of $270,288.

We selected $270,288 or 100% for testing.

1. For the expenditures selected for testing, compare the dollar amount recorded in the general ledger to the supporting documentation.

Finding: No exceptions were noted as a result of applying this procedure.

2. For the expenditures selected for testing, review the 5-Year CIP, and note whether the projects claimed were included in the 5-Year CIP and whether they constitute allowable costs.

Finding: Expenditures selected for testing were included in the 5-Year CIP and were allowable costs. No exceptions were noted as a result of applying this procedure.
iii. Inquire of management as to the nature of any transfers (in and out) recorded in the Measure A Fund. For any transfers out, determine if nature of transfer out was included in the 5-Year CIP.

Item 8.

Board of Commissioners
Riverside County Transportation Commission
Riverside, California
4 Finding: We noted transfers out from the Measure A fund in the amount of $270,288 to the CIP Project Fund. These transfers represent reimbursements for projects included in the 5-Year CIP.
iv. Inquire of management as to the amount of general or non-project-related costs, if any, included in expenditures. If indirect costs exceed 8% of Measure A revenue, inquire of management as to the basis for indirect costs charged to Measure A. If indirect costs are identified, determine if such costs are included in the 5-Year CIP.

Finding: Per discussion with the City management, there were no indirect costs recorded for the fiscal year ended June 30, 2021.
v. Inquire of management as to the amount of debt service expenditures recorded in the Measure A fund and determine if such costs are included in the 5-Year CIP.

Finding: There were no debt service expenditures recorded in the Measure A Fund that were noted as a result of applying this procedure.

1. Compare the debt service expenditures to prior year amount. If debt service expenditures have increased or decreased at least 25%, inquire of management as to the reason for the change in debt service expenditures.

Finding: There were no debt service expenditures recorded in the Measure A Fund that were noted as a result of applying this procedure.

5. Obtain from RCTC a listing of jurisdictions that participate in the Western County or Coachella Valley TUMF programs.
a. If the jurisdiction is a participant in the TUMF program, select at least one disbursement for validation as to the amount remitted to WRCOG or CVAG, as applicable.

Finding: We selected one disbursement of $67,962 for validation. The payment selected for testing indicated that the TUMF was collected and remitted to CVAG as required.
b. Indicate the total amount of TUMF collected and remitted during the fiscal year ended June 30, 2021.

Finding: The total amount of TUMF collected during the fiscal year ended June 30, 2021 was $483,330. The total amount of TUMF remitted during the fiscal year ended June 30, 2021 was $482,318. The difference in the amount of $1,012 was due to a TUMF collection for FY 2020-21 in the amount of $1,012 which should have been applied to Accounts Receivable. The City made the correction to take out the $1,012 from the TUMF account prior to the issuance of this report.

6. Obtain from RCTC a listing of jurisdictions that participate in the Western County MSHCP program.

Item 8.

Board of Commissioners
Riverside County Transportation Commission
Riverside, California
5 a. If the jurisdiction is a participant in the Western County MSHCP program, select at least one disbursement for validation as to the amount remitted to RCA.

Finding: The City is not a participant in the Western County MSHCP program. b. Inquire of management as to the existence of any fees collected in prior years that were not remitted to RCA by the end of this fiscal year.

Finding: The City is not a participant in the Western County MSHCP program. c. Indicate the total amount of Western County MSHCP fees collected and remitted during the fiscal year.

Finding: The City is not a participant in the Western County MSHCP program.

7. Obtain from RCTC the Maintenance of Effort (“MOE”) base year requirement, including its supporting detail calculations for the City, and the carryover amount allowed as of the beginning of the fiscal year.
a. Obtain from the City a calculation of its current year MOE amount in a format similar to its base year calculation. See Exhibit B.

Finding: No exceptions were noted as a result of applying this procedure. b. Compare the current year MOE amounts from the General Fund to the general ledger.

Finding: No exceptions were noted as a result of applying this procedure. c. Review the General Fund general ledger to determine if there were any transfers in to fund any MOE amounts.

Finding: No transfers in were noted as a result of applying this procedure. d. Compare the amount of current year MOE expenditures to the MOE base requirement and add any excess to, or subtract any deficiency from, the carryover amount.

Finding: We noted that current year MOE expenditures of $1,257,406 were greater than the MOE base requirement of $92,205 resulting in an excess of $1,165,201 for the fiscal year ended June 30, 2021.
e. If the amount of discretionary funds spent is less than the MOE base requirement (MOE deficiency), determine the amount of any prior year MOE carryover using the information obtained from RCTC and reduce the MOE deficiency by any available MOE carryover to determine an adjusted current year expenditure amount.

Finding: No exceptions were noted as a result of applying this procedure. The City’s discretionary funds spent in the fiscal year ended June 30, 2021 exceeded the MOE

Item 8.

Board of Commissioners
Riverside County Transportation Commission
Riverside, California
6 base year requirement. The City’s MOE carryover at June 30, 2021 is calculated as follows:

MOE excess at July 1, 2020 $ 7,638,915
Current year MOE expenditures 1,257,406
Less: MOE base requirement (92,205)
Excess MOE for fiscal year ended June 30, 2021 1,165,201 MOE excess at June 30, 2021 $ 8,804,116
We were engaged by RCTC to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not, conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively on the Measure A - Local Streets and Roads Program compliance. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of RCTC and the City to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

The City’s management is responsible for the accounting records. The sufficiency of these procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described above, either for the purpose for which this report has been requested, or for any other purpose.

This report is intended solely for the information and use of the Board of Commissioners and management of RCTC and the City Council and management of the City of Coachella and is not intended to be, and should not be, used by anyone other than these specified parties.

Lake Forest, California
September 29, 2021

Item 8.

EXHIBIT A
Variance From
Final Budget
Favorable
Budget Actual (Unfavorable)
Revenues:

Measure A $ 531,000 $ 766,227 $ 235,227
Interest income - 2,197 2,197
Total revenues 531,000 768,424 237,424
Expenditures:

Capital improvements 645,288 270,288 375,000
Total expenditures 645,288 270,288 375,000
Excess of revenues over expenditures $ (114,288) $ 498,136 $ 612,424

CITY OF COACHELLA, CALIFORNIA
For the Fiscal Year Ended June 30, 2021
(Unaudited)
Measure A Operating Statement
7

Item 8.

Exhibit B
FY 2020/21 Construction and Maintenance Expenditures
(Round to nearest dollar)
Project Expenditures Included in General Ledger Total Cost General Fund Measure A Federal State City Funds Other Construction:

ST-119 La Ponderosa $ 1,829,798 $ - $ 270,288 $ - $ 1,493,011 $ - $ 66,500 ST-123 Urban Greening 3,685,497 3,189,153 496,344
Maintenance:

Salaries and benefits for street maintenance personnel 636,635 636,635 Professional services 226,416 226,416
Repairs and maintenance costs 1,909 1,909
Rentals 15,912 15,912
Energy charges 192,810 192,810
Supplies 171,410 171,410
Other 12,314 12,314
Expenditure Totals $ 6,772,701 $ 1,257,406 $ 270,288 $ - $ 4,682,164 $ - $ 562,844 Total Project Cost General Fund
Construction: $ - $ -
Maintenance:

Deduct Totals $ - $ -
Total GF Expenditures $ 1,257,406
Minus Deductions -
MOE Base Year $ 1,257,406
Base Year Requirement (92,205)
MOE excess for fiscal year ended June 30, 2021 $ 1,165,201

CITY OF COACHELLA, CALIFORNIA
Measure A MOE Calculation
For the Fiscal Year Ended June 30, 2021
(Unaudited)
Engineering/Administrative Overhead Not Allocated to Specific Projects:

State Reason Why Project Expenditure Should Be Deducted from MOE Deductions for Special Consideration (Deductions Must Also Be Included in Project Expenditures Above):

Engineering/Administrative Overhead Not Allocated to Specific Projects:
8

Item 8.

F:\CIP\CIP\MEASURE A\FY Measure A 2022-23\CIP 5 Year Measure A.xlsx Total Project
Cost
Estimated
Expenditures
for FY
TUMF Measure A
ST-93 Avenue 50 Widening Project $ 9,250,000 $ 8,500,000 $ 500,000 ST-105 Street Resurfacing, Phase 17 $ 919,085 $ 459,543 $ 459,543 ST-113 Street Resurfacung, Phase 18 $ 758,000 $ 758,000 $ 258,000 ST-129 Avenue 52 and Calhoun $ 487,075 $ 243,537 $ 243,537 Sub-totals $ 11,414,160 $ 9,961,080 $ 1,461,080
ST-118 Street Resurfacing, Phase 19 $ 773,000 $ 773,000 $ 773,000 Sub-totals $ 773,000 $ 773,000 $ 773,000
ST-128 Street Resurfacing, Phase 20 $ 788,000 $ 788,000 $ 788,000 Sub-totals $ 788,000 $ 788,000 $ 788,000
ST-132 Street Resurfacing, Phase 21 $ 804,000 $ 804,000 $ 804,000 Sub-totals $ 804,000 $ 804,000 $ 804,000
ST-135 Street Resurfacing, Phase 22 $ 820,000 $ 820,000 $ 820,000 Sub-totals $ 820,000 $ 820,000 $ 820,000
Totals $ 14,599,160 $ 13,146,080 $ 4,646,080
City of Coachella 5 Year Measure A Funding
Capital Projects
FY 2026-27
FY 2024-25
FY 2022-23
FY 2023-24
FY 2025-26

Item 8.

STAFF REPORT
3/23/2022
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Manager
SUBJECT: Contract Amendment No. 1 with Atlas Technical Consultants LLC for construction materials and quality assurance testing in the amount of $25,000 for the Avenue 48 and Harrison Street Sewer Improvement Project, City Project S24.

STAFF RECOMMENDATION:

Authorize City Manager to execute a contract amendment with Atlas Technical Consultants LLC for construction materials and quality assurance testing in the amount of $25,000 for the Avenue 48 and Harrison Street Sewer Improvement Project, City Project S-24.

BACKGROUND:

The City of Coachella has adopted a zoning ordinance for the Wrecking Yard (M-W) district that has resulted in several conditional use permits, architectural review applications and proposed projects. These existing projects and proposed projects require wastewater infrastructure and wastewater services. Currently there is no sewer availability. There are approximately twenty-two parcels that this project could service.

DISCUSSION/ANALYSIS:

On December 8, 2021, City Council authorized an agreement with Atlas Technical Consultants for construction materials and quality assurance testing services for the Avenue 48 and Harrison Street Sewer Improvement Project. Amendment #1 will ensure adequate materials testing and quality assurance continue throughout the project duration.

Staff recommends approving Amendment #1 to Atlas Technical Consultants to continue materials testing and quality assurance for the Avenue 48 and Harrison Street Sewer Improvements.

FISCAL IMPACT:

Additional funding for these services will be appropriated from the Sewer Connection Fund (361) to project S-24.

Item 9.

FIRST AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF COACHELLA

AND ATLAS TECHNICAL CONSULTANTS LLC
Project S-24
THIS FIRST AMENDMENT ("Amendment") is made and entered into as of March 23, 2022 by and between the City of Coachella ("City") and Atlas Technical Consultants LLC (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Recitals. This Amendment is made with the respect to the following facts and purposes:
a. On or about December 8, 2021, the City and Consultant entered into that certain agreement entitled "City of Coachella Professional Services Agreement" between the City and Consultant in the amount of $25,000.00 for project S-24. b. The parties now desire to amend the Agreement as set forth in this Amendment.

2. Amendment. Section 3.3.1, Compensation, of the Agreement is hereby amended in it’s entirely to read as follows:
"3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement as set forth in Exhibit "A" at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed fifty thousand ($50,000) without written approval of the City’s representative. 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. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

Item 9.

5. Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS THEREOF, the parties have executed this Amendment as of the day and year first set forth above, which date shall be considered by the parties to be the effective date of this Amendment.

CITY OF COACHELLA ATLAS TECHNICAL CONSULTANTS LLC
By:____________________________ By:_________________________ Gabriel Martin Ron Badour
City Manager Director of CMT & Field Services
APPROVED AS TO FORM:

By: ____________________________________________________________ Carlos Campos
City Attorney
Attest: ___________________________________
Andrea Carranza
Deputy City Clerk

Item 9.

B

SCHEDULE OF FEES
California Prevailing Wage
Effective February 1, 2021
Revised February 1, 2021

PROFESSIONAL SERVICES
Professional (Engineering, Geology, Environment, Envelope Services) Director/Principal Professional .................................................................................................................................$190 Senior Professional....................................................................................................................................................165 Project Professional ...................................................................................................................................................145 Staff Professional.......................................................................................................................................................120 Drafter Level II..............................................................................................................................................................95 Drafter Level I...............................................................................................................................................................85 Project Management
Senior Project Manager ...........................................................................................................................................$160 Project Manager.........................................................................................................................................................135 Administrative Assistant ...............................................................................................................................................67 Field Services (Geotechnical, Special Inspection)
Field Supervisor ......................................................................................................................................................$118 LA Certified Grading Inspector ..................................................................................................................................123 Off Site Inspector .........................................................................................................................................................91 Laboratory Technician..................................................................................................................................................74 Group 1 (Field Soils, Material Tester) ........................................................................................................................108 Group 2 (Special Inspection)......................................................................................................................................113 Group 3 (NDT Testing)...............................................................................................................................................117 Coring ........................................................................................................................................................................166 Field Services (SUE Level B Utility Evaluations and Rebar Locating) Line Tracer, Ground Penetrating Radar, Electromagnetics, Magnetics Full Day ..........................................................................................................................................................$1,950 Hourly Rate (A Mob/Demob charge of $250 applies to projects billed on hourly rates).......................................215 Letter Report........................................................................................................................................................300 Map (per day of field work) ..................................................................................................................................350 Field Services (Geophysical Data Acquisition)
UST, Landfill, Oil Well, Void, Pile Integrity Testing
Full Day .........................................................................................................................................................$2,400 Hourly Rate (A Mob/Demob charge of $335 applies to projects billed on hourly rates).......................................270 Field Services (Advanced Geophysical Studies)
Seismic, Sting ERT, Resistivity, Groundwater, UXO/MEC
Full Day .........................................................................................................................................................$3,000 Hourly Rate (A Mob/Demob charge of $550 applies to projects billed on hourly rates).......................................325 Field Services (Seismic ReMi)
One Line.........................................................................................................................................................$1,500 Each Additional Line............................................................................................................................................300 For Pavement/Requires Drilling...........................................................................................................................300 Field Services (Vibration Monitoring)
Mobilization ....................................................................................................................................................$1,000 Equipment (Daily) ...............................................................................................................................................200 Daily Analysis & Reporting (Daily) ........................................................................................................................75 Final Report Preparation ....................................................................................................................................750 Manned Vibration Monitoring...........................................................................................................................Quote Field Services (Building Envelope)
Field Tech Level II....................................................................................................................................................$125 Field Tech Level I.......................................................................................................................................................115 Electronic Leak Detection (hourly, 4 hour minimum)..................................................................................................250 Fenestration Testing (ASTM E1105/E783) – Hourly Rate (2 technicians) .................................................................400 Fenestration Testing (AAMA 501.2) – Hourly Rate (2 technicians)............................................................................225 Drainage Efficiency of Exterior Insulation and Finish Systems (EIFS) Clad Wall Assemblies (ASTM E2273) .......1,500

Item 9.

ATLAS SCHEDULE OF FEES Page 2 of 4
Revised February 1, 2021
Travel and Miscellaneous
Pick Up ..............................................................................................................................................................$55/hour Travel Time ................................... Hourly Rate (or $125/hour beyond 1 hour from San Diego for Geophysical Crews) Overtime and Saturday Rate ..................................................................................................1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) .........2 x Regular Hourly Rate Rush Surcharge .......................................................................................................................... Normal Rate plus 50% Per Diem (variable, depending on location) .......................................................................................................... Quote Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code §720, et. Seq .... Quote Specialty Equipment Surcharge ........................................................................................................................... Quote

LABORATORY TESTS
Soil and Aggregate
California Bearing Ratio (ASTM D854) ...................................................................................................................$418 California Impact (Cal 216) ........................................................................................................................................206 Clay Lumps in Aggregate (ASTM C142)....................................................................................................................150 Cleanness Value (Cal 227) ........................................................................................................................................200 Consolidation (ASTM D2435) ....................................................................................................................................200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity)...................................................................187 Crushed Particles (Cal 205, ASTM D693)..................................................................................................................150 Direct Shear (ASTM D3080) ......................................................................................................................................260 Durability Factor (Cal 229, ASTM D3744)....................................................................................................................97 Durability Index (Cal 229, ASTM D3744) ...................................................................................................................224 Expansion Index (ASTM D4289)................................................................................................................................177 Fine Aggregate Angularity (AASHTO T304) ..............................................................................................................200 Fineness Modulus (ASTM C136) .................................................................................................................................24 Flat & Elongated Pieces (ASTM D4791)....................................................................................................................175 Light Weight Pieces (ASTM C123).............................................................................................................................175 Liquid Limit (Cal 204, ASTM D4318)............................................................................................................................75 Los Angeles Abrasion - 1 ½ inch and smaller (Cal 211, ASTM C131).......................................................................224 Maximum Density Check Point (ASTM D698/D1557)..................................................................................................88 Maximum Density/Optimum Moisture – 4 inch (ASTM D698, D1557)........................................................................200 Maximum Density/Optimum Moisture – 6 inch (ASTM D698, D1557)........................................................................220 Minimum Density (ASTM D1556).................................................................................................................................74 Moisture Content (Cal 226, ASTM C566, ASTM D2216) .............................................................................................35 Natural Density Chunk Sample (ASTM D2937) ...........................................................................................................45 Natural Moisture/Density Ring or Core Sample (ASTM D2937)...................................................................................40 Organic Impurities (Cal 213, ASTM C40).....................................................................................................................90 Organic Matter (ASTM D2974).....................................................................................................................................75 Percent Finer than #200 (ASTM C117, ASTM D1140) ................................................................................................70 Permeability Remold Sample (ASTM D2434) ............................................................................................................200 Permeability Remold Sample (ASTM D5084) ........................................................................................................Quote Permeability Undisturbed Sample (ASTM D5084) .................................................................................................Quote Petrographic Analysis (Cal 215, ASTM C295) .......................................................................................................Quote pH & Resistivity (Cal 643, ASTM G51).......................................................................................................................126 Plasticity Index (Cal 204, ASTM 4318).......................................................................................................................127 Potential Reactivity (ASTM C289)..............................................................................................................................220 Residual Shear (ASTM D6467)..................................................................................................................................442 Rock Correction (ASTM D4718)...................................................................................................................................26 R-Value (Cal 301, ASTM D2844)...............................................................................................................................276 Sandcastle Test (USACE)..........................................................................................................................................195 Sand Equivalent (Cal 217, ASTM D2419)....................................................................................................................88 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202) ...............................................................................................110 Sieve Analysis with Hydrometer (Cal 203, ASTM D422)............................................................................................200 Soil Cement Compression Strength (Cal 312, ASTM D1633)......................................................................................50 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632)........................................................................................100 Soluble Chlorides (Cal 422) .........................................................................................................................................62 Soluble Sulfate (Cal 417) .............................................................................................................................................62 Soundness 5 Cycles (Cal 214, ASTM C88) ...............................................................................................................375 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127).......................................................................................115 Specific Gravity Fine Aggregate (Cal 207, ASTM C128)............................................................................................115 Triaxial Shear Consolidated - Undrained (ASTM D4767).......................................................................................Quote Triaxial Shear Unconsolidated - Undrained (ASTM D2850)...................................................................................Quote Triaxial Staged Consolidated - Undrained (ASTM D4767).....................................................................................Quote Triaxial Staged Unconsolidated - Undrained (ASTM D2850) .................................................................................Quote Unconfined Compression (ASTM D2166)..................................................................................................................162 Unit Weight Aggregate (Cal 212, ASTM C29)..............................................................................................................80

Item 9.

ATLAS SCHEDULE OF FEES Page 3 of 4
Revised February 1, 2021
Asphalt Concrete
Asphalt Core Specific Gravity (Cal 308, ASTM D2726) .............................................................................................$68 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188) ...................................................................................84 Emulsion Content (CTM 382).....................................................................................................................................178 Film Stripping (Cal 302) .........................................................................................................................................Quote Gyratory Compacted Maximum Specific Gravity (AASHTO T312).............................................................................350 Hamburg Wheel Plant Produced HMA (AASHTO T324/Caltrans Section 39) ...........................................................900 Hveem Maximum Bulk Specific Gravity (Cal 308)......................................................................................................300 Hveem & Stabilometer Value (Cal 366) ...................................................................................................................$400 Ignition Oven Correction Factor (AASHTO T308) ......................................................................................................250 Ignition Oven Degradation Factor (AASHTO T308) ...................................................................................................250 Marshall Density Stability & Flow (ASTM D6927) ......................................................................................................400 Marshall Density (ASTM D6926)................................................................................................................................300 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370)...............................................................................50 Moisture Vapor Susceptibility (Cal 307) .................................................................................................................Quote Optimum Bitumen Content (AASHTO R35/Cal 367) ..............................................................................................3,100 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) ..................................................................................180 Residue by Evaporation (Cal 331) .............................................................................................................................178 Rice Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041)..................................................................133 Sieve Analysis Extracted Aggregate (Cal 382, ASTM D5444).....................................................................................90 Stability and Flow (ASTM D1559) ..............................................................................................................................350 Stabilometer Value (Cal 366) .....................................................................................................................................350 RAP Testing Fractionated (ASTM D2172, AASHTO T308, Caltrans Section 39) ..................................................Quote RAP Testing Not Fractionated (ASTM D2172, AASHTO T308, Caltrans Section 39) .......................................... Quote Tensile Strength Ratio Plant Produced HMA (AASHTO T283)..................................................................................900 Wet Track Abrasion (ASTM D3910)...........................................................................................................................185 Concrete
2X2 Cube Compression ............................................................................................................................................$27 Chloride Ion Testing (ASTM C1218) ..........................................................................................................................220 Concrete Core Compression (ASTM C42)...................................................................................................................59 Concrete Cylinder Compression (Cal 521, ASTM C39) ...............................................................................................27 Flex Beam Modulus of Rupture (Cal 523, ASTM C78).................................................................................................74 Modulus of Elasticity (Cal 522, ASTM C469) .............................................................................................................261 Shotcrete Mockup Panel (ASTM C1140) ...............................................................................................................1,040 Shotcrete Panel, 3 Cores Compression (CBC)..........................................................................................................290 Shrinkage Hardened Concrete (ASTM C157 Modified) .............................................................................................371 Split Tensile Concrete Cylinder (ASTM C496) .............................................................................................................74 Time of Set (ASTM C403)..........................................................................................................................................200 Trial Batch Fabrication (ASTM C192) ........................................................................................................................298 Unit Weight Hardened Concrete (ASTM C642)............................................................................................................55 Unit Weight Lightweight Concrete (ASTM C567) .........................................................................................................69 Masonry
Absorption Block (ASTM C140) ..............................................................................................................................$115 Compression Adobe...................................................................................................................................................155 Compression Block Standard (ASTM C140)..............................................................................................................150 Compression Brick (ASTM C67) ................................................................................................................................115 Efflorescence Block....................................................................................................................................................175 Efflorescence Brick (ASTM C67)................................................................................................................................175 Grout Prism Compression (ASTM C1019)...................................................................................................................27 Masonry Core Compression (ASTM C42)....................................................................................................................51 Masonry Core Shear (CBC 2105A.4)...........................................................................................................................95 Masonry Prism Compression (ASTM E447) ..............................................................................................................150 Mortar Bond Strength Pull Test (ASTM C482).............................................................................................................62 Mortar Cylinder Compression.......................................................................................................................................27 Mortar Shear Strength (ANSI 118).............................................................................................................................100 Relative Mortar Strength (Cal 515) ............................................................................................................................850 Shrinkage Masonry Block (ASTM C426)....................................................................................................................250 Trial Grout Prisms (ASTM C942) .................................................................................................................................38 Water Retention and Air Content (ASTM C270).........................................................................................................550

Item 9.

ATLAS SCHEDULE OF FEES Page 4 of 4
Revised February 1, 2021
Metal
Bolt Assembly Hardness Test ...................................................................................................................................$74 Bolt Assembly Tensile & Proof Load Test ..................................................................................................................125 Modulus of Elasticity (Steel).......................................................................................................................................146 Post-Tension Tendon Tensile Testing........................................................................................................................185 Tensile Strength & Bend Test Structural Steel (ASTM A370) ....................................................................................180 Tensile Strength & Bend Test Reinforcing Steel (ASTM A615/A706) ........................................................................125 Tensile Strength #14 - #18 Bar (ASTM A615)........................................................................................................Quote Tensile Strength Mechanical Splices #9 and Smaller (Cal 670).............................................................................Quote Tensile Strength Mechanical Splices #10 to #14 (Cal 670)....................................................................................Quote Tensile Strength Mechanical Splices #18 (Cal 670) ............................................................................................. Quote Miscellaneous
Fire Proofing Density Test (ASTM E605) ..................................................................................................................$69 Fiber Reinforced Polymer Tensile (ASTM D3039) .....................................................................................................520 Material Preparation ....................................................................................................................................................70 Relative Humidity Test (ASTM F2170) .................................................................................................................. 80/kit Concrete Vapor Emission Kits (ASTM F1869) ...................................................................................................... 72/kit Miscellaneous Charges .......................................................................................................................................Various Default Expense ..................................................................................................................................................Various

TERMS AND CONDITIONS
Prevailing wage rates will increase consistent with general prevailing wage determinations made by the California Department of Industrial Relations.

All field services will be charged portal to portal with the following minimum charges:

1. The client will be invoiced only for the hours actually worked in 4- and 8-hour increments.

2. A 2-hour show-up charge will be applied to any service canceled the same day of service.

3. Work in excess of 8 hours up to 12 hours in a single day will be charged in 1-hour increments at 1.5 times the standard rate.

4. Work in excess of 12 hours in a single day will be charged in 1-hour increments at 2 times the standard rate.

Work performed by field or laboratory personnel outside of normal business hours (6:30 a.m. to 5:00 p.m.) will be charged a premium on a case-by-case basis. Work performed for Geophysical Studies outside of a standard work week will be charged an additional 30%.

Fees for specialty geophysical services such as seismic reflection, crosshole, gravity, pile integrity testing, vibration monitoring, magnetotellurics, UXO, MEC, etc. will based on a per project basis. Utility focused projects requiring specialized training such as MSHA (mines) or RSO (refineries) will be billed at a General Geophysical rate.

Other Direct Charges: Our company reserves the right to charge for services outside of the contract in the form of reimbursables, including but not limited to, the following: diamond coring bits, fuel, patching materials, mileage, travel time, equipment rental and administrative time.

Mileage will be charged at the standard federal rate per mile for distances over 50 miles from the location of dispatch.

Per Diem charges will be applied to projects outside a 50-mile radius of our office.

Subcontracted services will be charged at cost plus 20 percent.

Invoices will be submitted monthly. These invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be considered past due. A finance charge computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, will be charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attorney’s fees and other costs of collection.

Our services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended.

Item 9.

STAFF REPORT
3/23/2021
TO: Honorable Mayor and City Council Members
FROM: Nathan Statham, Finance Director
SUBJECT: Resolution No. 2022-34, Approving Mid-Year Budget Adjustments for Fiscal Year 2021-2022
STAFF RECOMMENDATION:

Staff recommends that City Council approve the mid-year budget adjustments outlined below and adopt Resolution No. 2022-34 amending the budget for fiscal year 2021-2022.

BACKGROUND:

As the City approached the middle of the fiscal year, City finance staff evaluated the adopted budget, revenue projections, and economic conditions for the remainder of the fiscal year. It is standard procedure to perform a mid-year review of the City's budgetary and financial position to ensure any deviations from the initial budget projections are proactively addressed. Staff also reviews requests for appropriations to address new priorities that are unfunded or underfunded.

DISCUSSION/ANALYSIS:

Revenues
Recommended mid-year budgeted revenue decreases:
 Water Authority – Decrease connection fees ($300,000).  Sanitary District – Decrease connection fees ($500,000).

Recommended mid-year budgeted revenue increases:
 General Fund - Increase Property Taxes ($150,000), Utility User Taxes ($160,000), Construction Permit Fee Revenue ($150,000), Grants Revenue Transfers ($69,597) and Other Revenues ($2,816,000).
 Grants Fund – Increases revenues for the derived product grant program ($69,597).  Water Authority – Increase revenues for grant programs ($300,000) and other revenues ($17,000).

Item 10.

Expenditures
Recommended mid-year expenditure appropriation increases:
 General Fund - Increase appropriations for:
o 4
th of July event - $40,000
o Solid waste SB 1383 implementation professional services - $25,000 o 6
th cycle housing element consultant - $9,000
o Development impact fee audit firm analysis - $9,000
o Dateland park mural donation - $10,000
o Communications - $34,100
o Software licensing - $52,000
o IT consultants - $38,000
o Computer & communication peripherals - $6,000
o Emergency operations center (EOC) replacement laptops - $28,800 o Park cleaning as special events - $10,000
o Facilities maintenance - $19,000
o Facilities configuration - $24,000
o Fuel - $21,000
o Animal control - $15,900.
 Development Impact Fees Fund - Increase appropriations for park improvements developer reimbursement agreement ($297,500), bond trustee fees ($3,300) and general fund advance interest ($25,000).
 Grants Fund – Increase appropriations for ARPA direct COVID costs ($36,800), derived product grant funding ($69,600), AHSC transit hub GoHuman advertising ($30,000) and AHSC transit hub van pool program ($1,160,000).
 LLMD Fund – Increase appropriations for landscape enhancements for LLMD 16 ($101,000).  Water Authority – Increase appropriations for stand-by time ($42,000), water line repairs ($81,000) and the expenditure of IRWM Prop 1 grant funds ($300,000).

FISCAL IMPACT:

Below is a reconciliation of the City’s approved 2021-2022 General Fund budget to the proposed adjusted budget:

Item 10.

Approval of these mid-year budget adjustments will have the following fiscal impacts:
 General Fund
o Revenues - net increase $3,345,597 ($529,597 operating + $2,816,000 one-time land sale). o Expenditures – net increase $330,000.
o Fund balance – net increase $3,015,597 ($199,597 unrestricted, $2,816,000 assigned).  Development Impact Fees Fund
o Expenditures – net increase $325,800.
o Fund balance - net decrease $325,800.
 Grants Fund
o Revenues – net increase $69,597.
o Expenditures – net increase $1,296,400.
o Fund balance – net decrease $1,226,803.
 Water Authority
Fiscal Year 2021-2022 Approved Budget
Revenues $ 27,322,145
Expenditure Appropriations (26,804,488)
Approved Budget Surplus $ 517,657
Proposed mid-year revenue increase
Total increase 3,345,597
Less: one-time land sale (2,816,000)
529,597.00
Net revenue surplus 1,047,254.00
City Council Approved Appropriations
Special events (145,000)
Personnel funding (131,200)
Library programing (25,000)
New vehicle lease (76,600)
Servers replacement (31,000)
Billboard advertising (17,000)
Landscape Maintenance (29,400)
Pueblo Viejo ST-130 (556,800)
(1,012,000)
Proposed mid-year appropriations (341,800)
Net change in fund balance $ (306,546)

Item 10.
o Revenues – net increase $17,000.
o Expenses – net increase $423,000.
o Net position – net decrease $406,000.
 Sanitary District
o Revenues – net decrease $500,000.
o Net position – net decrease $500,000.

ATTACHMENTS:

1. Resolution 2022-34 - Amending the budget for fiscal year 2021-2022

2. Budget Adjustment Journal Entry (Exhibit A to Resolution 2022-34)

Item 10.

RESOLUTION 2022-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2021-2022
WHEREAS, the City Council of the City of Coachella may authorize amendments to the Fiscal Year 2021-2022 budget as financial conditions change and City needs arise.

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

SECTION 1. The budget for the Fiscal Year, commencing July 1, 2021 and ending June 30, 2022, shall be amended to incorporate budget adjustments detailed in Exhibit A attached hereto.

SECTION 2. All obligations and expenditures shall be incurred and made in the manner provided by and pursuant to State laws and City ordinances, resolutions, and policies related to purchasing and contracting.

PASSED, APPROVED and ADOPTED this 23rd day of March 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 10.

Resolution No. 2022-34

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-34 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 23rd day of March 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

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

Item 10.

DATE BA2023-014
03/23/22
ACCOUNT NO. R Amount
101‐11‐110‐10‐301‐000                 150,000
101‐11‐110‐10‐322‐000                 160,000
101‐11‐144‐40‐347‐000                 150,000
101‐11‐110‐90‐369‐000              2,816,000
101‐11‐160‐90‐152‐000 69,597
152‐12‐345‐30‐331‐003 69,597
177‐21‐211‐40‐342‐000                (300,000)
178‐21‐330‐41‐339‐000                 300,000
178‐21‐211‐91‐369‐000 17,000
360‐21‐211‐40‐342‐000                (500,000)
Total Revenue Budget Adjustments 2,932,194
ACCOUNT NO. E Amount
101‐11‐160‐10‐801‐005 40,000
101‐11‐148‐10‐334‐000 25,000
101‐11‐141‐10‐334‐000 9,000
101‐11‐131‐10‐334‐000 9,000
101‐11‐160‐10‐801‐001 10,000
101‐11‐161‐90‐530‐000 34,100
101‐11‐161‐90‐612‐000 52,000
101‐11‐161‐90‐334‐000 38,000
101‐11‐161‐90‐611‐000 6,000
101‐11‐156‐10‐610‐000 28,800
101‐11‐146‐10‐117‐000 10,000
101‐11‐165‐90‐117‐000 19,000
101‐11‐165‐90‐430‐002 24,000
101‐11‐164‐90‐620‐012 21,000
101‐11‐157‐10‐334‐000 15,900
121‐12‐311‐10‐334‐000 3,300
126‐12‐311‐10‐334‐000                 297,500
129‐12‐311‐10‐852‐000 25,000
152‐12‐160‐83‐800‐009 36,800
152‐12‐201‐35‐910‐101 69,600
152‐12‐292‐12‐800‐000 30,000
152‐12‐292‐12‐800‐001              1,160,000
160‐12‐195‐16‐334‐000                 101,000
178‐21‐120‐10‐117‐000 42,000
178‐21‐120‐10‐430‐000 81,000
178‐06‐148‐10‐739‐025                 300,000
Total Expenditure Budget Adjustments 2,488,000
NET CHANGE (444,194)
REQUESTED BY:

REQUEST FOR BUDGET

ADJUSTMENT/AMENDMENT

REVENUE
Property Taxes
UUT
Other Revenue
Construction Permits
Derived Product Grant
Sanitary ‐ Connection Fees
Derived Product Grant
IRWM Prop 1 Grant

EXPENDITURE
4th of July Event
Solid Waste AB 1383 Professional Services
6th Cycle Housing Element Consultant
DIF Fee Audit Firm Analysis
Dateland Park Mural Donation
Software Licensing
IT Consultants
AHSC ‐ Transit Hub ‐ GoHuman
Line Repairs
Interest Payments ‐ GF Advance
Computer & Communication Peripherals
Facilities Maint
Landscape Enhancements ‐ LLMD 16
BA2023‐014
Water ‐ Connection Fees
Water ‐ IRWM Grant
Water ‐ Other Revenue
Finance Director
Nathan Statham
ORDINANCE NO.

AMENDMENT NO.

EXPLANATION
To book 2021‐2022 mid‐Year budget adjustments approved by City Council Park Cleaning & Special Events
Stand‐by Time
AHSC ‐ Transit Hub ‐ Van Pool
Animal Control
Derived Product Grant
Trustee Fees ‐ 2016 Lease Bonds
Communications
EOC Replacement Laptops
ARPA Direct COVID Costs
Facilities Configuration
Fuel
Reimbursement Agreement

ADMINISTRATIVE

BUDGET ADMENDMENT/ADJUSTMENT

FUNDS AVAILABLE FOR TRANSFER
BA2023-014

Item 10.

STAFF REPORT
3/23/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Public Hearing for Resolution No. 2022-31 Conducting Property Owner Protest Ballot Proceedings and Resolution No. 2022-32 Approving the Formation of Landscape and Lighting Maintenance District No. 39 (Sevilla-Tract 38084) (“LLMD 39”), Confirming the Engineer’s Report, the Assessment Diagram and Ordering the Levy and Collection of Assessments.

STAFF RECOMMENDATION:

Conduct the Public Hearing upon the proposed formation and consider all objections and protests, whether written or oral; if any; and
Close the Public Hearing and direct staff to conduct Property Owner Protest Ballot Proceedings and tabulate Ballots for the Formation of Landscaping and Lighting Maintenance District No. 39 (Sevilla-Tract 38084); and
Adopt Resolution No. 2022-31 Declaring the Results of the Property Owner Protest Ballot Proceeding Conducted for the Levy of Assessments Related to the Formation of the Landscaping and Lighting Maintenance District No. 39 (Sevilla-Tract 38084), Commencing in Fiscal Year 2022/2023
If a Majority Protest does not exist, Adopt Resolution No. 2022-32 Approving the Formation of the Landscaping and Lighting Maintenance District No. 39 (Sevilla-Tract 38084), Confirming the Engineer’s Report, the Assessment Diagram and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2022/2023
EXECUTIVE SUMMARY:

On January 26, 2022, the City Council initiated proceedings for a formation and balloting process for possible new LLMD 39 along with adopting Resolution No. 2022-07 declaring the City’s intention to form the special district, to levy and collect assessments, approved the Engineer’s Report and Assessment Diagram, and declared the public hearing to conduct Property Owner Protest Ballot Proceedings (Proposition 218).

During the Public Hearing, the City Council shall consider all objections or protests, if any, to the proposed assessments, whether oral or written. Upon close of the Public Hearing, Proposition 218 ballots received will be opened and tabulated, consistent with all applicable procedures required

Item 11.
by Proposition 218 and its implementing statutes, weighted by the proposed assessment amount on each property, and the results announced. If the time to tabulate the ballot exceeds the time for the City Council meeting, the City Council may continue the tabulation to the next scheduled council meeting, so long as such time and location are announced during the meeting.

The returned ballot will remain unopened and in the charge of the City Clerk until the close of the public hearing and direction to staff to tabulate the ballot. For purposes of tabulation, the return ballot submitted, and not withdrawn, will be tabulated and weighted according to the financial obligation of the particular parcel. Article XIIID of the California Constitution provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to form LLMD 39. A majority protest exists if the assessment ballot submitted, opposes to the annexation and assessment. If there is no Majority Protest, the City Council may approve the proposed formation and assessment of the LLMD 39 by adopting the appropriate resolution(s) attached to this Staff Report. Any voter approved assessment may be submitted to the Riverside County Auditor/Controller to be included on the property tax roll for Fiscal Year 2022/2023.

FISCAL IMPACT:

The proposed assessments have been prepared based upon the maintenance costs necessary and required to maintain the common areas, perimeter streetscape and drainage landscape areas within the District. Upfront costs were paid by the developer and annual maintenance cost will be funded by the assessments that will be collected on the annual tax bill.

Attachments:

Resolution No. 2022-31
Resolution No. 2022-32
Engineer’s Report LLMD 39

Item 11.

RESOLUTION NO. 2022-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, DECLARING THE RESULTS OF THE

PROPERTY OWNER PROTEST BALLOT PROCEEDING CONDUCTED

FOR THE LEVY OF ASSESSMENTS RELATED TO THE FORMATION

OF THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
NO. 39 (SEVILLA-TRACT 38084), COMMENCING IN FISCAL YEAR 2022/2023
WHEREAS, the City Council of the City of Coachella (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did by previous resolutions, initiate proceedings for the formation of the Landscaping and Lighting District No. 39 (Sevilla-Tract 38084) (the “District”) and declared its intention to conduct a protest balloting to establish maximum assessments for the Districts commencing in Fiscal Year 2022/2023 for the special benefits received by properties therein for the operation, maintenance and servicing of landscaping and lighting improvements, and all appurtenant facilities related thereto; and,
WHEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for the formation of the District and the proposed annual levy of assessments; and, WHEREAS, the assessment presented to the property owner of record within the District reflects the special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local landscaping and lighting improvements therein as authorized by the Act and the provisions of the California Constitution and the ballot presented clearly identified the total amount balloted on the property, the proposed assessment rate, the property’s annual amount commencing with Fiscal Year 2022/2023 and the inflationary adjustment applicable to future assessments; and
WHEREAS, upon the close of the Public Hearing held on March 23, 2022, the protest ballots returned by the landowner of record within the District, was opened and tabulated, the results of which are illustrated below:

Yes $_______________
No $_______________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella as follows:

SECTION 1. That the foregoing recitals are true and correct.

Item 11.

Resolution No. 2022-31

SECTION 2. The protest proceedings were conducted with the notices and ballots of the proposed new assessments presented to the qualified property owners within the District as required by law, with a required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on March 23, 2022.

SECTION 3. The canvass of the protest ballot cast for the proposed assessment and formation of the District, received prior to the close of the public hearing and weighted according to the proportional financial obligation of the affected properties is hereby approved and confirmed.

SECTION 4. The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting, which shall constitute the official declaration of the result of such property owner protest ballot proceeding.

SECTION 5. This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution PASSED, APPROVED and ADOPTED this 23rd day of March 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 11.

Resolution No. 2022-31

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-31 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 23rd day of March 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

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

Item 11.

RESOLUTION NO. 2022-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA APPROVING THE FORMATION OF THE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 39
(SEVILLA-TRACT 38084), CONFIRMING THE ENGINEER’S REPORT,

THE ASSESSMENT DIAGRAM AND ORDERING THE LEVY AND

COLLECTION OF ASSESSMENTS COMMENCING IN FISCAL YEAR
2022/2023
WHEREAS, the City Council of the City of Coachella (“City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (“Act”), did by previous resolutions, initiate proceedings for the formation of an assessment District within the City to be known and designated as the Landscaping and Lighting Maintenace District No. 39 (Sevilla-Tract 38084) (“District”) and to conduct a protest balloting for the levy of new or increased assessments commencing in Fiscal Year 2022/2023 for the special benefits received by properties therein for the operation, maintenance and servicing of landscaping and lighting improvements, and all appurtenant facilities related thereto in accordance with the provisions of the California Constitution Article XIIID (the “Constitution”); and
WHEREAS, an Engineer’s Report containing an Assessment Diagram has been prepared, filed and presented to the City Council in connection with the proceedings for the formation of the District and the annual levy of assessments related thereto commencing on Fiscal Year 2022/2023 as required by the Act and the Constitution; and
WHEREAS, the City Council has duly held a public hearing regarding these matters and has conducted a property owner protest ballot proceeding for the proposed new assessments related thereto, the results of which have been presented and confirmed by this City Council; and WHEREAS, the City Council desires to levy and collect an assessment against the parcel of land within the Distirct for the fiscal year commencing July 1, 2022 and ending June 30, 2023 (Fiscal Year 2022/2023), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of local landscaping and lighting improvements, appurtenant facilities; and the incidental expenses related thereto that have been determined to be of special benefit to the property and the development of property, as described in the Engineer’s Report.

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

SECTION 1. That the foregoing recitals are true and correct.

SECTION 2. Based on testimony given, the results of the property owner protest ballot proceedings and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Engineer’s Report previously presented and filed based on the tabulation of the property owner protest ballots, and said

Item 11.

Resolution No. 2022-32

modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the approved Engineer’s Report.

SECTION 3. The Engineer’s Report and Assessment Diagram connected therewith as approved, shall constitute the territory and properties within the District, and confirm and establish the method of apportionment and the maximum assessment rate including the assessment range formula as presented to the property owners of record in the ballot proceeding. Said assessments as described in the Engineer’s Report as submitted or amended, including the assessment range formula described therein, are hereby confirmed and adopted by the City Council.

SECTION 4. Based upon its review (and amendments, as applicable) of the Engineer’s Report, which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The land within the District as approved will receive special benefit from the operation, maintenance and servicing of landscaping and lighting improvements and all appurtenant facilities related thereto, to be provided by the District as described in the approved Engineer’s Report.
b. The District defined by the Assessment Diagrams in the approved Engineer’s Report includes all the lands receiving such special benefit. c. The net amount to be assessed upon the land within the District as approved has been applied based on the formula and method which fairly applies the net amount on the parcel based on the special benefit to be received by the parcel from the improvements and services to be provided commencing with Fiscal Year 2022/2023.

SECTION 5. The City Council hereby orders the proposed improvements as described within the approved Engineer’s Report to be made. The improvements so described generally include, but are not limited to, the maintenance, operation and servicing of the local landscaping and lighting improvements established or installed in connection with the development of properties within the approved District or directly associated with the properties within District and shall be maintained by the City for the special benefit of the properties therein pursuant to the Act.

SECTION 6. The adoption of this Resolution constitutes the formation of the District, proposed assessments, the boundaries of which are contained in the Assessment Diagram; the establishment of the maximum assessment rate and assessment range formula connected therewith; and the assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023, as described in the approved Engineer’s Report and adopted by the City Council, and the County Auditor of Riverside shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the approved Engineer’s Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Item 11.

Resolution No. 2022-32

SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the formation of the District, proposed assessments, the adoption and confirmation of the Assessment Diagram, and the establishment of the maximum assessment rate(s), assessment range formula and the assessments for Fiscal Year 2022/2023 as described in the approved Engineer’s Report as submitted or amended herein.

SECTION 8. The City Clerk or their designee is hereby authorized and directed to file the levy of assessments for Fiscal Year 2022/2023 as approved, with the County Auditor of Riverside upon adoption of the annual Resolution confirming the annual assessments for all parcels in the District.

PASSED, APPROVED and ADOPTED this 23rd day of March 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 11.

Resolution No. 2022-32

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-32 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 23rd day of March 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

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

Item 11.

CITY OF COACHELLA
ENGINEER’S REPORT
Proposed
Formation of Landscaping and
Lighting Maintenance District No. 39
(Sevilla-Tract 38084)
Establishment of Annual Assessments
Commencing Fiscal Year 2022/2023
Intent Meeting: January 26, 2022
Public Hearing: March 23, 2022

CITY OF COACHELLA
53990 ENTERPRISE WAY
COACHELLA, CA 92236

PREPARED BY

WILLDAN FINANCIAL SERVICES
NOVEMBER 2021 27368 Via Industria Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

Item 11.

ENGINEER'S REPORT STATEMENT
Formation of the
City of Coachella
Landscaping and Lighting Maintenance District No. 39
(Sevilla-Tract 38084)
Establishment of Annual Assessments
County of Riverside, State of California
As part of the Resolution of Intention packet presented for the consideration of the Coachella City Council this Report and the enclosed budgets, diagrams and descriptions outline the proposed improvements and assessments related to the formation of territory to be known as the City of Coachella Landscaping and Lighting Maintenance District No. 39 (Sevilla-Tract 38084) commencing in fiscal year 2022/2023, commencing in fiscal year 2022/2023. Reference is hereby made to the Riverside County Assessor’s Maps for a detailed description of the lines and dimensions of parcels subject to the proposed assessment for the newly formed District.

The undersigned respectfully submits the enclosed Report as directed by the Coachella City Council.

Dated this ____________ day of ______________, 2022
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Coachella
By: ________________________________
Stacee Reynolds,
Senior Project Manager
By: ________________________________
Tyrone Peter
P.E. # C 81888

Item 11.

TABLE OF CONTENTS
INTRODUCTION………………………………………………………………………………..1
PART I — PLANS AND SPECIFICATIONS…………………………………………………4
A.PROPERTIES WITHIN THE DISTRICT...................................................... 4 B.IMPROVEMENTS AND SERVICES ........................................................... 4 LANDSCAPING IMPROVEMENTS............................................................ 5 STREET LIGHTING IMPROVEMENTS ...................................................... 5 PART II — METHOD OF APPORTIONMENT...…:…………………………………………6 CALIFORNIA CONSTITUTION ..................................................................6 A.BENEFIT ANALYSIS.................................................................................. 7 SPECIAL BENEFITS............................................................................7 GENERAL BENEFIT ............................................................................7 REASON FOR THE ASSESSMENT ......................................................... 8 B.ASSESSMENT METHODOLOGY.............................................................. 9 EQUIVALENT BENEFIT UNITS............................................................9 ASSESSMENT CALCULATIONS .......................................................10 C.ASSESSMENT RANGE FORMULA......................................................... 10 PART III — THE DISTRICT BUDGET………………………………………………………12
PART IV — DISTRICT DIAGRAM…………………………………………………………..14
PART V — ASSESSMENT ROLL…………………………………………………………..16

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

INTRODUCTION
Pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Coachella, County of Riverside, State of California (hereafter referred to as “City”), propose to form and levy special benefit assessments for the district to be designated as:

Landscaping and Lighting Maintenance District No. 39
(Sevilla-Tract 38084)
(hereafter referred to as the “District”), which includes all lots and parcels of land within Tract No. 38084 that will receive special benefit from the landscaping and lighting improvements installed and maintenance in connection with the development of these residential subdivisions within the City limits of Coachella. This Engineer’s Report (hereafter referred to as “Report”) has been prepared in connection with the formation of said District and the levy and collection of annual assessments related thereto commencing in fiscal year 2022/2023, as required pursuant to Chapter 1, Article 4 of the 1972 Act.

The City Council proposes to form the District, and levy and collect annual assessments on the County tax roll to provide ongoing funding for the costs and expenses required to service and maintain landscaping and street lighting improvements and appurtenant facilities that are necessary and essential requirements for the development of the properties within the District.

The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of the California Constitution.

The formation of this District and the assessments described herein will provide a funding source for the continued operation and maintenance of the Landscaping and Lighting improvements that are directly associated with the development of properties within the District and for the special benefit of those properties.

The budgets and assessments described in this Report are based on the planned improvements and development requirements associated with Tract No. 38084. The budgets described herein, represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to ensure proper maintenance, servicing and funding needs to support the landscaping and lighting improvements that provide special benefit to properties within the District.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Riverside County Assessor’s Office. The Riverside County Auditor-Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

As part of this District formation, the City shall conduct a property owner protest ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

Council will conduct a public hearing to consider public testimonies, comments, and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists (ballots shall be weighted based on the calculated proportional assessment amount for each benefiting parcel), and by resolution the City Council will confirm the results of the ballot tabulation. If majority protest exists, proceedings for the formation of the District and the levy of the proposed assessments shall be abandoned. If tabulation of the ballots indicates that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council may approve the Report (as submitted or amended), order the formation of the District, and approve the levy and collection of assessments. In such case, the assessments for fiscal year 2022/2023 shall be submitted to the Riverside County Auditor-Controller for inclusion on the property tax roll for each parcel.

Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any changes to the improvements, the proposed services, the annual budget and assessments for that fiscal year, and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments.

This Report consists of five (5) parts:

Part I
Plans and Specifications: A description of the District boundaries and the proposed improvements associated with the District. The District is being formed with a single benefit zone encompassing all properties within the territory identified as Pulte Sevilla – Avenue 51 (Tract No. 38084).

Part II
Method of Apportionment: A discussion of benefits the improvements and services provide to properties within the District and the method of calculating each property’s proportional special benefit and annual assessment. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings.

Part III
The District Budget: An estimate of the annual costs to operate, maintain and service landscaping and lighting improvements related to the properties within the District. This budget includes an estimate of anticipated direct maintenance costs and incidental expenses including, but not limited to administration expenses and the collection of appropriate fund balances to establish an initial maximum assessment to be approved by the property owners of record. The special benefit maximum assessment proposed for this District is based on an estimate of the annual maintenance and operational expenses at full build out of the improvements. The proposed assessments for the first fiscal year (2022/2023), and each subsequent year shall be based on the estimated net annual cost of operating, maintaining, and servicing the District improvements for that fiscal year. The proposed maximum assessment (Rate per Equivalent Benefit Unit) identified in the budget of this Report establishes the initial maximum assessment rate for the District in fiscal year 2022/2023 and shall be adjusted annually by the Assessment Range Formula described in the method of apportionment.

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

Part IV
District Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels that will receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the District, are inclusive of all parcels as shown on the Riverside County Assessor's Parcel Maps as they existed at the time this report was prepared and includes all subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.

Part V
Assessment Roll: A listing of the proposed assessment amount to be presented to the property owners of record in the protest ballot proceedings required pursuant to the provisions of the California Constitution. The proposed assessment amount for each parcel is based on the parcel’s proportional special benefit as outlined in the method of apportionment and the proposed initial maximum assessment rate.

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

PART I — PLANS AND SPECIFICATIONS
A. PROPERTIES WITHIN THE DISTRICT
Pulte Sevilla – Avenue 51 (Tract No. 38084), will consists of 107 residential properties and 2 retention basins with associated private streets, utilities, landscaping, and lighting.

The purpose of the District is to ensure the ongoing maintenance, operation, and servicing of landscaping and lighting improvements installed in connection with development of properties within the District. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements will be funded.

The District structure, proposed improvements, method of apportionment and assessments described in this Report are based on current development and improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements.

The District is located within the boundaries of the City of Coachella, generally located east of Van Buren Street, west of Frederick Boulevard, north of Avenue 51 and generally south of Avenue 50.

B. IMPROVEMENTS AND SERVICES
The purpose of this District is to fund the activities necessary to operate the corresponding landscaping and streetlighting improvements required of properties within the District as well as the maintenance of landscaping. The maintenance and operation of the landscaping improvements may include but are not limited to all materials, equipment, labor, and incidental expenses deemed necessary to keep these improvements in satisfactory condition as well as the collection of assessment installments for the periodic service activities, repair or rehabilitation of various improvements and facilities. The street light improvements include operation of lights only, not maintenance.

Detailed maps and descriptions of the location and extent of the improvements to be maintained by the District are on file with the Public Works Division and by reference are made part of this Report. These plans and specifications may be amended or modified from time to time to reflect future property development within the District or necessary changes to the planned developments currently approved by the City. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received from those various improvements. The District improvements and services are generally described as:

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

LANDSCAPING IMPROVEMENTS
The landscape improvements to be funded by the District assessments may include, but are not limited to turf, ground cover, shrubs, and plants; vines, trees; irrigation and drainage systems; masonry walls, retaining walls, or other fencing; monuments; hardscapes; concrete, gravel, or decomposed granite trails, pathways and/or access roads; and other related appurtenant facilities within the District that have been dedicated to the City for maintenance. Other Improvements including but are not limited to:
• designated parkway side-panels within the rights-of-way or easements adjacent to the streets and properties within the District, including parkways and entryways; • various non-street landscaping and/or vegetation management areas including the storm drainage detention basin areas, trails, and any other dedicated open space or greenbelt areas within the District; and
At build-out, it is anticipated that the District’s landscape improvements will generally include, but is not limited to approximately: eighty-six thousand, eight hundred and thirty-six (86,836) square feet of ground covering and shrubs including ninety-three (93) irrigated drought-tolerant trees. Landscaping located on two (2) storm drainage detention basin lots, also on the north side of Avenue 51, including the entrance at Via Prado as well as the corners of Calle Perez and Calle Larriva.

STREET LIGHTING IMPROVEMENTS
At build-out, it is anticipated that the District’s street lighting improvements will generally include, but is not limited to approximately:
• Providing energy to operate twenty-four (24) street lighting poles within Tract Map No. 38084.

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

PART II — METHOD OF APPORTIONMENT
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscape improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:

Section 22573 defines the net amount to be assessed as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments reflect the composition of parcels within the District and the improvements and activities to be provided and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of the California Constitution.

CALIFORNIA CONSTITUTION
The costs to operate and maintain the District improvements are identified and allocated to properties on the special benefits conferred. The improvements provided and for which properties within the District are to be assessed are identified as local improvements and related amenities that were installed in connection with the development of the properties and/or would otherwise be required for the development of properties within the District and consistent with the provisions of the 1972 Act. The assessments and method of apportionment described herein are based on the premise that these improvements would otherwise not have been installed and maintained by the County. The improvements were installed as part of the development or planned development of the parcels within the District and the level of maintenance required for the improvements is greater than what the County would otherwise install, maintain, and fund elsewhere in the County.

Article XIII D Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIII D Section 2(i) defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

Article XIII D Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” A. BENEFIT ANALYSIS
The improvements provided within the District, for which properties will be assessed have been identified as necessary, desired and/or required for the orderly development of the properties within the District to their full potential, consistent with the development plans.

SPECIAL BENEFITS
The ongoing maintenance of landscaped areas within the District will provide aesthetic benefits to the properties and are intended to provide a more pleasant environment to walk, drive, live, and work. The primary function of these improvements and related amenities is to serve as an aesthetically pleasing enhancement and open space area for the benefit of the immediate surrounding properties and development for which the improvements were constructed and installed, and/or were facilitated by the development or potential development of properties within the District. These improvements are an integral part of the physical environment associated with the parcels in the District and while these improvements may in part be visible to properties outside the District and/or occasionally accessed by the general public, if these improvements are not properly maintained, it is the parcels within the District that would be aesthetically burdened and/or impacted directly by potential environmental issues such as dust, debris, pests, water runoff, erosion, and fire hazards. Thus, the maintenance of these improvements provides advantages to the assessed properties that affect the assessed parcels in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share.

Collectively these improvements, related amenities, and services which will be funded by the special benefit assessments, enhance the overall use, presentation, enjoyment, recreational access, and marketability of the properties, and ensure the long-term cost-efficiency of services that are obtained through the County provided maintenance (economy of scale).

GENERAL BENEFIT
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by the District assessments and the proximity and relationship to properties to be assessed, it is evident these improvements have been installed as part of the development of properties within the District or are improvements that would otherwise be shared by and/or required for development of those properties. Although the improvements are largely located on the north side of Avenue 51, including the entrance at Via Prado as well as the corners of Calle Perez and Calle Larriva of the development and may be visible and/or accessible to the general public, it is evident that the ongoing maintenance of these improvements are only necessary for the appearance and advantage of the properties within the District. It is also evident that these

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

improvements were not required nor necessarily desired by any properties or developments outside of the District boundaries.

In the absence of a special funding, these types of improvements would not have been installed by the developer per the City’s conditions and the City’s maintenance of these improvements would for the most part, be limited to weed abatement (fuel modification areas), rodent control, and erosion control services only. This basic or baseline level of service would typically provide for periodic servicing of the open space areas on an as-needed basis. This baseline level of service, would only provide a level of service that was necessary to ensure public safety, essential property protection and potential property damage. However, this baseline level of service results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance that can be provided through the District assessments.

In addition to this baseline level of service, it is recognized that there are indirect or incidental benefits to properties within the District as well as the general public that are associated with regular landscape maintenance services, including minimization of dust and debris, and decreased potential water runoff from the open space areas.

It is also recognized that with the regular maintenance of the improvements, the effort and cost to monitor and address these more indirect issues are reduced to isolated areas and/or less frequent servicing, and these activities generally represent less than two percent (2%) of the overall maintenance costs. Therefore, conservatively, we estimate that the costs associated with these indirect and incidental benefits (General Benefit) do not exceed five percent (5%) of the combined annual expenses for General Maintenance identified in the annual maintenance budget contained in "Part III – The District Budget” of this Report.

REASON FOR THE ASSESSMENT
The assessments proposed to be annually levied and collected on parcels within LLMD 39 are established to defray the costs of the maintenance, operation, and servicing of improvements, as previously identified in “Part I - Plans and Specifications” of this Report.

These identified improvements, services and activities and the associated costs to provide such improvements identified in “Part III – The District Budget” of this Report, have been carefully reviewed and proportionally allocated to the parcels that receive special benefits from those improvements and services and are inclusive of all parcels that receive special benefits which are identified in “Part V – Assessment Roll” of this Report pursuant to the provisions of the California Constitution and 1972 Act. The formulas used for calculating special benefits within the District as outlined by this Report, have been established to reflect the composition of the parcels and the improvements and services to be provided and to fairly apportion the cost of those improvements based on the special benefits to each parcel. The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the improvements to be funded by the assessments, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits from the improvements. Furthermore, such assessments shall be used solely for the maintenance operation and servicing of the District improvements as authorized pursuant to the 1972 Act and in accordance with the California Constitution, the proportionate special benefits to each parcel shall be determined in

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

relationship to the entirety of the public improvement or the maintenance and operation expenses being provided and for which the property receives special benefits.

B. ASSESSMENT METHODOLOGY
The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel’s actual land use or proposed planned development and is reliant upon the special benefit received from the improvements planned within the District.

To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel.

Additionally, in compliance with Article XIIID Section 4 of the State Constitution, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements.

EQUIVALENT BENEFIT UNITS
As previously noted in the “Part 1 – Plans and Specifications” section of this Report, at build-out, it is anticipated that the District will incorporate one hundred seven (107) Single Family Residential homes; and landscaped areas and basins which will be funded and maintained through an annual assessment.

To allocate special benefits fairly between the parcels, an Equivalent Benefit Unit (EBU) methodology is utilized for this District. The Equivalent Benefit Unit (EBU) method of assessment apportionment establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of the basic unit. Based on an evaluation of the overall property development proposed within the District at build-out (100 % of the development acreage will be single family residential), for purposes of this Report, an EBU is the quantum of benefit derived from the funded improvements and services by a single-family residential parcel or unit. Thus, the "benchmark" property (the single-family residential parcel/unit) derives one (1.0) EBU of benefit. All other land uses are proportionately weighted (assigned an EBU) based on an assessment formula that equates the property’s specific development and property characteristics to that of the benchmark property (singlefamily residential). This proportional weighting may be based on several factors that may include but are not limited to the type and status of development (land use), size of the property, development plans or restrictions, typical development densities, or other property related factors. Generally, for most assessment districts the calculation of each parcel’s proportional special benefits can be reasonably determined by applying one or more of these factors. For the District, it has been determined that the key property related factors to be considered in the determination of the proportional special benefits for each parcel is limited to the property’s current or approved land use (development type); and the property’s development status (developed versus undeveloped).

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

The following outlines the land use classifications that are associated with or may be associated with the parcels in the District and the proportional Equivalent Benefit Units established for those land use classifications.

Single-Family Residential Property — is defined as a fully subdivided residential home site with or without a structure. For purposes of establishing the proportional special benefits and equivalent benefit units for other land uses in this District, the single-family residential land use is designated as the basic unit of assessment and shall be assigned 1.00 EBU per parcel.

Vacant — is defined as property that has been identified as parcels with no development but have development potential. Although it is recognized that the improvements provided within the District were primarily constructed and installed as the result of property development, it is also recognized that the majority of these improvements were constructed in part to support the overall development of properties within the District and/or Development to their full and best use, including vacant undeveloped properties. Therefore, it has been determined that parcels identified as Vacant/Undeveloped Parcels shall be assigned the pro-rata share of the build-out EBU total (107.00) based on acreage, if the lots have not been sub-divided as indicated on tract map. The parcels in the District are slated to be fully developed by fiscal year 2022/23.

ASSESSMENT CALCULATIONS
The total number of Equivalent Benefit Units (EBU’s) is the sum of all individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of all parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements.

Total Balance to Levy / Total EBU = Levy per EBU
Levy per EBU x Parcel EBU = Parcel Levy Amount
C. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law.

Prior to the passage of Proposition 218 (California Constitution Articles XIII C and XIII D), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).

The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs. Commencing with fiscal year 2023/2024, the amount of the assessment for the District may be increased to adjust for increases in labor and material costs. This increase will be based upon the greater of three (3) percent or the annual change in the Consumer Price Index, All Urban Consumers, for the

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

Riverside-San Bernardino-Ontario, CA Area, as determined by the United States Department of Labor, or its successor, without conducting another mailed ballot election.

The Maximum Assessment is adjusted annually and is calculated independent of the annual budget and proposed annual assessment. Any proposed annual assessment (rate per EBU less than or equal to this Maximum Assessment) is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year.

Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting.

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

PART III — THE DISTRICT BUDGET
The following budget outlines the estimated annual costs to be collected and deemed necessary for the operation, maintenance, and servicing of the improvements for the District. The maximum assessment (Rate per Equivalent Benefit Unit) identified by this budget establishes the initial maximum assessment for the District in fiscal year 2022/2023. This assessment rate shall be adjusted annually by the Assessment Range Formula described in the method of apportionment and collectively this assessment rate and inflationary adjustment will be presented to the property owners of record for approval as part of the balloting process for new or increased assessments in accordance with the provisions of the California Constitution, Article XIII D.

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

LLMD 39, (Sevilla-Tract 38084)
Fund Number TBD
Levy Component LLMD 39 (Sevilla)
Landscape Maintenance Contract $7,266
Landscape Utilities 4,515
Tree Trimming Included in Maintenance
Streetlight Utilities 4,000
Storm Drainage Detention Basin Maintenance 10,442
Total Direct Costs $26,223
Levy Administration and Professional Services $254
County Collection Fee 99
City Overhead and Administration 6,632
Total Administration Costs $6,985
TOTAL DIRECT AND ADMIN COSTS $33,207
Reserve Collection/(Transfer) $13,111
Capital Improvement Fund Collection General Area & Storm Drainage Detention Basin/(Transfer) 684 General Benefit Contribution (2,171)
General Fund/Other Revenue (Contributions) 0
Total Collections/(Credits) $11,625
Balance to Levy (Budgeted) $44,832
Total Parcels 1
Total Parcels Levied 1
Total Equivalent Benefit Units 107.00
Assessment Rate per Benefit Unit $419.00
Maximum Rate per Benefit Unit (Current Fiscal Year) $419.00 Estimated Beginning Reserve Fund Balance $0
Reserve Fund Adjustments 13,111
Estimated Ending Reserve Balance $13,111
Estimated Beginning Capital Improvement Fund Balance $0 Capital Improvement Adjustments 684
Estimated Ending Capital Improvement Balance $684

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

PART IV — DISTRICT DIAGRAM
The following District Diagram identifies the area of land within the District to be designated as “Landscaping and Lighting Maintenance District No. 39 (Sevilla-Tract 38084)”, based on the development and improvement plans for the District, Riverside County Assessor’s Maps, and Riverside County Assessor’s property information as the same existed at the time this Report was prepared. The District includes Riverside County Assessor’s Parcel Map Book 768 Page 50 Parcel 2. The combination of this map and the Assessment Roll contained in Part V of this Report constitute the Assessment Diagram for the District. The maximum assessment rate, assessment range formula and the proposed assessment amount for each of the lots and parcels of land within the District, as described herein, shall be presented to the property owners of record for approval or protest in accordance with the provisions of the California Constitution.

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

Item 11.

Engineer’s Report
City of Coachella
Landscaping and Lighting Maintenance
District No. 39 (Sevilla-Tract 38084)

PART V — ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is outlined in the preceding Assessment Diagram and is based on available parcel maps and property data from the Riverside County Assessor’s Office at the time this Engineer’s Report was prepared. A listing of the lots and parcels to be assessed within this District commencing in Fiscal Year 2022/2023, along with the assessment amount for each such lot or parcel is provided below.

If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor-Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

Assessor's
Parcel Number Owner EBU
Maximum
Assessment Rate
Maximum
Assessment
768-050-002 PULTE HOME CO 107.00 $419.00 $44,833.00

Item 11.

STAFF REPORT
3/23/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Coachella Entertainment Park
SPECIFICS: Adopt Resolution No. 2022-33 approving Entertainment Permit No. 22-01 for the Coachella Entertainment Park outdoor entertainment venue located on a 1.24 acre site at 85-994 Grapefruit Blvd (APN# 778-030-005 and 778-180-001).

Applicant: Nicolas Meza
STAFF RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution No. PC 2022-33 approving Entertainment Permit No. 22-01, pursuant to the findings and conditions of approval contained in the attached resolution.

BACKGROUND:

The subject site is a 1.24 acre vacant property at 85-994 Grapefruit Blvd, adjacent to the Union Pacific Railroad, that was the previous location of the H & H Lumber business. The previous business consisted of a large shade structure, chain link and metal panel fencing, and outdoor storage of lumber materials. The site is nearby the Downtown Core, which in the General Plan 2035 is intended to provide a convenient and congenial environmental for everyday shopping and dining, and brings the community together in a one-of-a-kind Coachella center that is the civic heart of the City. The physical character of the Downtown Center of the General Plan intends for plazas and squares that punctuate the network of streets, providing larger, comfortable spaces for formal and informal gathering, outdoor dining, public markets and special events. The subject proposal proposes a use that is consistent with the General Plan Vision of the Downtown Core as a place for public markets and special events as a special event center, subject the approval of an entertainment permit.

Entertainment permits are permitted under Chapter 5.24 of the Coachella Municipal Code under Title 5 (Business Licenses and Regulations). Application for an entertainment permit require an investigation of the application by the City Manager and consideration of the proposal at a public hearing by the City Council. If the City elects to grant the entertainment permit, it may impose conditions that include:

1. The days and hours during which the entertainment establishment may operate.

Item 12.

2. The total number of persons including employees and entertainers allowed during its operation.

3. Traffic control measures including the number of parking spaces required for the entertainment establishment.

4. Noise control measures required in the entertainment establishment.

5. Security or safety measures of the patrons, employees, neighbors and general public of the entertainment establishment, including the number of security personnel which may be altered by the chief of police.

6. The placement and utilization of hand-held metal detectors at each entrance to the entertainment establishment for the purpose of ascertaining and removal of weapons from each and every person entering the entertainment establishment to the satisfaction of the chief of police.

DISCUSSION/ANALYSIS:

The applicant, Nicolas Meza, submitted a request for an entertainment permit to allow the operation of an outdoor entertainment venue on a 1.24 acre site at 85-994 Grapefruit Blvd. The zoning designation of the commercial center where the store is proposed is within the M-S (Manufacturing Service). The entertainment venue would accommodate a range of events that could occur up to 7 days a week and may include, but not limited to:
 Outdoor vendor markets
 Food fairs
 Concerts
 Site rental for private special events, including weddings, quinceaneras, and birthday parties.
 Exhibitions
 Equestrian demonstrations
The applicant intends to host events centered that provide opportunities for small business vendors that may not have a brick and mortar establishment with exposure at an accessible venue to sell retail products or food. The applicant held an all-day event at the location under a special event permit for the Super Bowl on Sunday, February 13, 2022, which included a variety of vendors that sold clothing, plants, make-up, medicinal products, and specialty foods. Vendors utilized personal portable canopies for their vendors spaces. Food vendors were able to sell to customer from the on-site modified shipping containers.

The applicant indicated that most events will be free entry and free on-site parking to the public, but special concert events may require paid entry and paid on-site parking. The use of amplified music is proposed for concert and special events. The applicant is required to comply with the requirements of the Coachella Municipal Code noise control ordinance.

Item 12.

Coachella Entertainment Park location
Staff contacted the Lieutenant Vasquez with the Riverside County Sheriff regarding any concerns for the proposed business that the City Council may want to consider when making findings or including conditions of approval for the entertainment permit. Lieutenant Vasquez did not identify any concerns with the business and does not recommend any conditions of approval. The Fire Department has no concerns with the facility and have provided conditions of approval for the entertainment venue.

Hours of Operation:

The applicant has not indicated specific hours of operation for the entertainment venue, but is conditioned to end all events by 2 A.M. Any alcohol service last call shall occur by 1:30 A.M.

Environmental Setting:

The subject site is a vacant site that is substantially surrounded by urban uses, with adjoining zoning and land uses as follows:

North: Feed Lot / (M-S, Manufacturing Service)
South: Vacant / (M-S, Manufacturing Service)
East: Union Pacific Railroad and Agricultural Uses/ (M-S, Manufacturing Service) West: Coachella Bar and Auto repair businesses/ (C-G, General Commercial)

Item 12.

Site Plan / Parking and Circulation:

The site consists of minimal improvements consisting of low level fencing with vine landscaping and citrus trees in planters. Compacted decomposed granite has been applied to the site as groundcover to provide a walkable surface and assist with dust control. On-Site parking is proposed, consisting of 78 parking spaces, accessed from an existing 29 foot wide driveway from Grapefruit Boulevard. 6 ADA parking spaces are located near the event location entrance. The surface of the parking lots would remain as compacted decomposed granite and the applicant is required to employ dust control measures to minimize “fugitive dust”. There are no specific parking standards identified in the Zoning Ordinance for outdoor entertainment or assembly venues without fixed seating. The manufacturing service zone parking standards apply to square foot of building area or storage area. The City Council is able to establish a parking standard for this permit. The applicant will not charge for on-site parking for routine public events, but intends to do so for large concert events. The City Council may reevaluate the parking standard and parking plan for the site when the entertainment permit is considered for renewal after a year period.

The event area consist of largely open space enclosed by fencing. Two shipping containers have been repurposed to serve as a food vending location, a bar, and restroom facilities. An eating area is located in a 43 ft by 126 ft area demarcated by railroad ties and large wooden cable spools that serve as tables for dining. A low 3 foot high stage for event performances is located toward the Northeast of the venue. A secondary driveway is also available at the northwest portion of the site that provides access for event operations and vendors.

Security:

The applicant proposes the use of on-site licensed security for public events. A condition of approval has been added to the permit that requires licensed security for events that exceed 50 guests or when alcohol is served. All private events that lease from the applicant will be required to use licensed security. The applicant is required to increase security personnel based on recommendations by the City Manager or Coachella Police.

ENVIRONMENTAL REVIEW:

Staff has determined that the proposed project is categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act as “Existing Facilities” (CEQA Guidelines, Section 15301). The proposed project consists of the operation, licensing and minor alteration of an existing location involving no expansion of existing or former commercial use on the property. The subject site has been used for manufacturing zone related uses and no expansions of floor area are proposed.

Item 12.

FISCAL IMPACT:

As conditioned, the proposed Entertainment Permit would not have any fiscal impacts upon the City of Coachella finances. There are no additional fees collected for this type of business other than normal licensing fees for the business.

ALTERNATIVES:
1) Adopt Resolution No. 2022-33 approving Entertainment Permit 22-01 with the staff recommendations.
2) Approve the Entertainment Permit with new or modified conditions of approval. 3) Make findings and Deny the Entertainment Permit.
4) Continue the item and provide staff direction.

RECOMMENDED ALTERNATIVE
Based on the analysis contained herein and the findings listed below, staff is recommending that the City Council approve Alternative #1.

Attachments:

1. Resolution No. PC 2022-33

2. Vicinity Map

3. Site Plan

4. Existing Photos

5. Applicant Narrative and Leasable Area

Item 12.

RESOLUTION NO. 2022-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 22-01 FOR

THE COACHELLA ENTERTAINMENT PARK OUTDOOR
ENTERTAINMENT VENUE LOCATED ON A 1.24 ACRE SITE AT 85-994 GRAPEFRUIT BLVD (APN# 778-030-005 AND 778-180-001). APPLICANT:

NICOLAS MEZA
WHEREAS, Nicolas Meza filed an application for Entertainment Permit No. 22-01 to allow a 1.24 acre outdoor entertainment venue where alcohol is served on a vacant site located at 85-994 Grapefruit Blvd.; Assessor’s Parcel No. 778-030-005 AND 778-180-001 (“Project”); and WHEREAS, the City Council conducted a duly noticed public hearing on Entertainment Permit No. 22-01 on March 23, 2022 at the 1515 6th Street, Coachella, California regarding the proposed Project; and
WHEREAS, at the City Council hearing, the Applicant and members of the public were present and were afforded an opportunity to testify regarding the Project; and WHEREAS, the Project is permitted pursuant to Chapter 15.24 of the Coachella Municipal Code; and
WHEREAS, the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and
WHEREAS, the proposed site is adequate in size and shape to accommodate the proposed outdoor entertainment venue with where alcohol is served; and WHEREAS, the site for proposed use relates properly to streets which are designed to carry the type and quantity of traffic to be generated by the proposed use; and WHEREAS, the proposed project is exempt from the California Environmental Quality Act, as amended; and
WHEREAS, the conditions as stipulated by the City are necessary to protect the public health, safety and welfare of the community.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coachella, California does hereby approve Entertainment Permit No. 22-01, subject to the findings and conditions of approval listed below.

FINDINGS FOR APPROVAL OF ENTERTAINMENT PERMIT NO 22-01:

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Resolution No. 2022-33

1. The information provided in the application is accurate, complete and truthful, as evidenced by staff and there are no known violations of any laws, ordinances, or regulations related to the applicant's fitness to manage or operate the proposed entertainment venue.

2. The applicant possesses the required moral character to comply with the requirements of Chapter 5.24 and the conditions of approval imposed herein. As conditioned, the proposed added security measures will ensure that the public safety for the business will be maintained to the satisfaction of the Chief of Police.

3. The applicant has sufficient resources and expertise to operate the proposed entertainment venue in a safe, professional and effective manner in accordance with the City's Municipal Code. The owner has successfully operated a similar venue “Coachella Bar” and there have been minimal complaints or calls for services at this establishment. Additionally, the applicant was selected through a Request for Proposals process by the City of Coachella to operate a wine bar and eating establishment in the 6th Street “Old Firehouse” building at 1517 6 th Street.

4. The proposed use will not be in conflict with, but will be in harmony with and in accordance with the objectives of the general plan because the proposed entertainment venue allows the intended physical character to provide a convenient and congenial environment for everyday shopping and dining, the Downtown brings the entire community together in a one-of-a-kind Coachella center that is the civic heart of the City. Entertainment venue will offer unique shopping, dining and event experience for small businesses and the public in the pueblo Viejo area and citywide that accomplished the goals of the General Plan.

6. The City of Coachella has determined that the proposed project is categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act as an “Existing Facilities” project (CEQA Guidelines, Section 15301a). The proposed project consists of the operation, licensing and minor alteration of an existing location involving no expansion of existing or former commercial use on the property. The subject site has been used for manufacturing zone related uses and no expansions of floor area are proposed.

CONDITIONS OF APPROVAL FOR ENTERTAINMENT PERMIT NO. 22-01:

1. Entertainment Permit No. 22-01 is an approval for an entertainment venue where alcohol may be served. This approval is based on the site plan submitted for the proposed project. Violation of any of the conditions of approval shall be cause for revocation of the Entertainment Permit No. 22-01.

2. Any break in service, meaning the closure of the event venue for a period of 180 consecutive days, will result in the expiration of this Entertainment Permit.

3. The applicant will agree to defend and indemnify the City of Coachella against all claims, actions, damages, and losses, including attorney fees and costs, in the event that anyone files legal challenges to the approval of this project on the basis of the California Environmental

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Resolution No. 2022-33

Quality Act (CEQA). The applicant shall execute a standard indemnification agreement subject to review by the City Attorney before any event is held subject to this permit.

4. The use shall meet the standards within the limits established by the Coachella Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation.

5. The applicant shall comply with Noise Control standards of the Municipal Code (Chapter

7.04). Any amplified sound equipment shall be oriented to reduce noise impacts off-site with consultation from the Code Enforcement Manager.

6. Hours of operation for event venue may be from 7:00 a.m. to 2:00 a.m., seven days a week, with last call for alcohol service at 1:30 a.m. The City reserves the right to modify the hours of business operation after 12 months of continuous Entertainment establishment use has lapsed, based on information provided by the Coachella Police regarding calls for service.

7. The applicant shall comply with all requirements imposed by the State Department of Alcoholic Beverage Control.

8. A maximum of 320 guests are permitted on-site for events at any given time. The applicant shall maintain a count of all event participants on-site at all times during events. Event counts for concerts shall be maintained by event staff at the main entrance and made available upon request by the Coachella Police or City Staff.

9. The applicant shall obtain all other applicable permits, if required, from the appropriate agencies (i.e. Fire Department, Building Division, Sheriffs Department, Department of Public Health etc.).

10. Any large scale concert event that involves more than 320 guests shall require consultation with the City Manager or designee to determine if a special event permit will be required through the City Manager's office. Said application and applicable fees shall be submitted a minimum of five (5) working days, not including days when City Hall is closed, prior to the event.

11. Any signs displayed shall comply with the City of Coachella Sign Ordinance.

12. The permittee shall comply with the Chapter 7.04 of the Coachella Municipal Code, (Noise Control.)

13. Signs advertising brands of alcoholic beverages or the availability of alcoholic beverages at the subject site shall not be visible from the exterior of the building or anywhere off the site.

14. Licensed security guards shall be required for events that exceed 50 guests or when alcohol is served. These guards must possess State of California guard cards issues through the California Department of Consumer Affairs. Additional guards shall be used as needed to adequately patrol the parking areas. The City Manager, Code Enforcement Manager or Chief of Police may modify the entertainment permit security plan as deemed necessary to preserve the safety and welfare of guests and the public.

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Resolution No. 2022-33

15. The following preventative measures shall be undertaken to reduce the potential for alcoholrelated problems:
 Food service shall remain available during all hours of operation;  Taxicab phone numbers shall be posted in visible locations at all times in the area(s) where alcohol is served;
 All employees selling or serving alcohol shall be required to participate in an alcohol management training program prior to the operation of selling/serving alcohol; and  The availability of a variety of non-alcoholic beverages shall be made known and offered to customers.

16. Management shall patrol the business premises, parking lot, and the surrounding vicinity, including the rear driveway area adjacent to the business, during the entertainment venue operation and until patrons have left the parking area after operation hours. Management shall ensure that no littering, loitering, or consumption of alcohol occurs in and around the property.

17. Any and all weapons shall be prohibited at the premises or on the parking lot of the premises except by those individuals lawfully permitted to possess such.

18. The Chief of Police shall have the authority and power to temporarily close the establishment when it becomes apparent that a situation exists wherein there is a probability that the general welfare and safety of the patrons or of the public may be in jeopardy. If closed under this condition, the premises will not be allowed to reopen before the beginning of regular business hours on the date following the closure.

19. The applicant shall comply with Municipal Code requirements of Chapter 5.24.

20. The applicant shall employ the use of hand-held metal detectors at all entrances if deemed necessary by the Chief of Police to protect the safety and general welfare of patrons or of the public.

21. Entertainment Establishment Permit No. 22-01 shall be valid for 12 months commencing on the first day of the operation. A request for renewal must be submitted by the applicant in order to extend the term of the Permit after the initial term of 12 months has lapsed, at which time the City Council will review compliance with the conditions of approval and consider granting up to a 36-month renewal of the entertainment permit. Relinquishment of the entertainment permit will require an amendment to this resolution, subject to review by the City Council.

22. Any violation of the above conditions may result in the issuance of citations and fines, and may result in revocation of the Entertainment Establishment Permit.

23. The permittee shall implement and maintain a system by which the permittee separately identifies each and every adult in the entertainment establishment so as to distinguish each adult from any and all minors within the entertainment establishment in the service of alcohol.

At a minimum, such system of adult identification shall require the permittee to place a

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Resolution No. 2022-33

bracelet on either hand of each adult in the entertainment establishment. In addition, the Chief of Police is hereby authorized to require other methods and procedures to be implemented and maintained by any permittee to assure compliance with the requirement that each adult remain separately identified from any minor at the entertainment establishment.

24. ADA accessible restrooms shall be provided and available to use by all guests on-site during events and shall require inspection by the Building Official prior to commencement of events under this entertainment permit.

25. All structures, including stages, tenants, cabanas, and bleachers shall be installed, used and taken down per the engineered specifications stamped by a licensed engineer and on file with the City of Coachella.

26. The applicant shall ensure adequate dust control measures are in place to the satisfaction of the Code Enforcement Manager and the City Engineer. The City Manager, Code Enforcement Manager, or City Engineer may require additional dust control measures as may deemed necessary.

27. On-site event lighting shall be directed away from vehicle and pedestrian traffic on Grapefruit Boulevard.

Fire Department Conditions:

28. Tents and Membrane Structures - Tents in excess of 400 square feet shall not be erected for any purpose without first obtaining approval and a permit from the Office of the Fire Marshal.

29. Temporary Special Event Structures - Temporary special event structures in excess of 400 square feet shall not be erected for any purpose without first obtaining approval and a permit from the Office of the Fire Marshall and the Riverside County Building and Safety Division.

30. Vendor and food concession distribution - The placement and use of cooking appliance shall be approved by the fire code official. Portable fire extinguishers shall be available for cooking operations.

31. Hazardous Materials - The storage, use and handling of hazardous materials including liquefied petroleum gas, flammable and combustible liquids will require a permit from the Office of the Fire Marshall.

PASSED, APPROVED and ADOPTED this 23rd day of March 2022. ___________________________________
Steven A. Hernandez
Mayor

Item 12.

Resolution No. 2022-33

ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 12.

Resolution No. 2022-33

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-33 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 23rd day of March 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

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

Item 12.

Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Vicinity Map
¯
Site
6th Street
Grapefruit Blvd
8th Street

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Existing Conditions Photos
Perimeter Photo of the site showing low level fence, vine landscaping and trees.

On-site improvements- Site groundcover with compacted decomposed granite for event area and parking.

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Photos of On-site modified shipping containers for food service and outdoor dining area

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View towards northern portion of event venue
Northern driveway entrance

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View of Event Stage Area

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