City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502 www.coachella.org
AGENDA
CITY COUNCIL CLOSED SESSION AND
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 April 13, 2022
5:00 PM Closed Session
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 April 13, 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: - 5:00 P.M.
ROLL CALL:
VIRTUAL PUBLIC MEETINGS:
1. Resolution No. 2022-36 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” PUBLIC COMMENTS (CLOSED SESSION ITEMS):
ADJOURN TO CLOSED SESSION:
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
In re: Glenroy Coachella, LLC, Debtor
US Bankruptcy Court, Central Dist. of California, Case No. 2:21-bk-11188-BB
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation, Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) potential case
RECONVENE REGULAR MEETING: - 6:00 P.M.
PLEDGE OF ALLEGIANCE:
CLOSED SESSION ANNOUNCEMENTS:
PROCLAMATIONS/PRESENTATIONS:
4. New Community Service Officer - Tobacco Grant
5. Presentation on Coronavirus (COVID-19) Response Efforts
6. Coachella UBI
WRITTEN COMMUNICATIONS:
Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA April 13, 2022
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.)
7. Regular Meeting Minutes of March 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 April 13, 2022, $2,257,034.54.
9. Resolution No. 2022-39, a Resolution of the City Council of the City of Coachella, California, Approving Final Tract Maps No. 31978 and 31978-1
10. Resolution No. 2022-40, a Resolution of the City Council of the City of Coachella, California, Approving Final Parcel Map No. 37266
11. Investment Report – November 2021
12. Investment Report – December 2021
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
13. Adopt Resolution No. 2022-38 Stating the Intention to Annex Property into City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) and Authorize the Levy of a Special Tax Within Annexation Area No. 33 (Mariposa Pointe – Tract No. 32074, 32074-1 and 32074- 2).
14. Construction Contract with Petrochem Materials Innovation, LLC (PMI) in the amount of $292,890.24 plus 20% contingency for the Street Pavement Rehabilitation Phase 17, City Project ST-105.
15. Authorize the City Manager to execute Professional Services Agreement with Raimi + Associates for Professional Planning Consultant Services for the Zoning Consistency Update.
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
NONE.
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.
Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA April 13, 2022
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
4/13/2022
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
Best Best & Krieger, LLP, City Attorney
SUBJECT: Resolution No. 2022-36 a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361)
STAFF RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2022-36 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. 2022-36
Item 1.
81211.00100\34422055.2
RESOLUTION NO. 2022-36
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. 2022-36
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 13
th day of April 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. 2022-36
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-36 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13 th day of April
2022, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk
Item 1.
©2022 MAF
Showing Up & Doing More:
The Immigrant Families Recovery Program
City of Coachella Council Meeting
April 13, 2022 Page 11
Item 6.
We are on mission
to help people become
visible, active, and successful.
Item 6.
©2022 MAF
COVID-19 Rapid Response
Item 6.
©2022 MAF
The cost of excluding immigrant families
EXCLUDED
1,850+ Coachella
immigrant families left
out from stimulus
DENIED
$11,000+ denied in
federal stimulus checks
for a family of 4
LOST
$18M+ lost in federal
support for families in
Coachella
Item 6.
©2022 MAF
MAF’s Response:
COVID-19 Emergency
Cash Assistance
$500-1,000 cash grants
$55 million raised
65,000+ direct cash grants to
families denied federal relief
Item 6.
©2020 MAF
With so much need, who do you say yes to?
Item 6.
©2020 MAF
MAF’s Financial Equity Framework
INCOME
Lost hours & wages
Unemployed
Few income streams
STRAINS
Supporting family
Have children
Sick with COVID
BARRIERS
Undocumented
Foster youth
Unbanked
Item 6.
©2022 MAF
85%
People of color
95%
No Social Security Number
48%
4+ members in household
75%
< $1k monthly income
Populations
reached with
cash assistance
Item 6.
©2022 MAF
Still excluded, immigrants are struggling
SACRIFICING BASICS
6 in 10 families skipped
meals or bills
DEPLETING ASSETS
1 in 2 families have used
up savings & sold assets
ACCRUING DEBT
$2,000 in unpaid bills at
the height of COVID-19
Data Source: MAF 2020 Immigrant Families Fund grant application & post-grant survey (n=11,677) Page 19 Item 6.
©2022 MAF
City of Coachella
Immigrant Families Recovery Program
Item 6.
©2022 MAF
Helping Coachella families rebuild with dignity
Guaranteed
Income
Lost hours & wages
Unemployed
Few income streams
Financial
Services
Supporting family
Have children
Sick with COVID-19
INCOME
150 families
$400 per month
Unrestricted gift
INSIGHTS
Engagement
Regular surveys
Share learnings
SERVICES
Financial coaching
Group workshops
Self-advocacy
Item 6.
©2022 MAF
COMMITMENT
> 2 year
Program
Implementation PROGRAM PARTICIPANT OUTREACH
Website launch will support community engagement
OPEN ENROLLMENT BEGINS
Self-assessment questions help pre-screen applicants
APPLICATION PORTAL CLOSES
Program application will remain open for 30 days
SHARING PROGRAM INSIGHTS
MAF team will share back relevant & timely learnings
Item 6.
©2022 MAF
Questions?
Item 6.
©2022 MAF
Thank you!
Item 6.
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 23, 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 6:01 p.m. by Mayor Hernandez.
ROLL CALL:
Present: Councilmember Beaman Jacinto (arrived at 6:36 p.m.), Councilmember Delgado, Councilmember Galarza (arrived at 6:06 p.m.), Mayor Pro Tem Gonzalez, and Mayor Hernandez.
City Treasurer Aviles, and City Clerk Zepeda (arrived at 6:45 p.m.)
Absent: None.
It was announced that Councilmember Beaman Jacinto would be arriving late to the meeting.
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. 2022-30 a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361) Motion: To approve per staff recommendation
Made by: Mayor Pro Tem Gonzalez
Seconded by: Councilmember Delgado
Approved: 3-0, by a unanimous voice vote
Item 7.
Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA March 23, 2022
APPROVAL OF AGENDA:
There were no modifications to the agenda.
Motion: To approve the agenda as presented
Made by: Mayor Pro Tem Gonzalez
Seconded by: Councilmember Delgado
Approved: 3-0, by a unanimous voice vote
PLEDGE OF ALLEGIANCE:
City Attorney Campos led the Pledge of Allegiance.
PROCLAMATIONS/PRESENTATIONS:
Prior to the following presentation, City Manager Martin read a statement from the current owner of the facility.
Councilmember Galarza arrived at 6:06 p.m. at this point of the meeting.
2. Proposed Coachella Behavior Health Campus at the Glenroy Hotel site (Avenue 48), presentation by Matt Chang and Melissa Noone with the Riverside University Health System.
Councilmember Beaman Jacinto arrived at 6:36 p.m. during the following presentation:
3. Presentation on Coronavirus (COVID-19) Response Efforts
4. Presentation — Energy Efficiency Upgrade Project
WRITTEN COMMUNICATIONS:
None.
CONSENT CALENDAR:
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. 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
Item 7.
Minutes 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.
Motion: To approve per staff recommendation, Consent Calendar Items 5 through 9.
Made by: Mayor Pro Tem Gonzalez
Seconded by: Councilmember Galarza
Approved: 5-0, by a unanimous voice vote
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
10. Resolution No. 2022-34, Approving Mid-Year Budget Adjustments for Fiscal Year 2021-2022 Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
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):
11. Public Hearing for Conducting Property Owner Protest Ballot Proceedings, 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 Assessment:
Mayor Hernandez opened the Public Hearing for Item 11 at 7:31 p.m.
Public Comment: None.
Mayor Hernandez closed the Public Hearing for Item 11 at 7:32 p.m. 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.
Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 5-0, by the following roll call vote:
Item 7.
Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA March 23, 2022
AYES: Councilmember Beaman Jacinto, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.
NOES: None.
ABSTAIN: None.
ABSENT: None.
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 (SevillaTract 38084), Confirming the Engineer’s Report, the Assessment Diagram and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2022/2023.
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.
Councilmember Beaman Jacinto left the meeting during the following presentation:
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
Mayor Hernandez opened the Public Hearing for Item 12 at 7:52 p.m.
Public Comment: James R., via Zoom
Nick Mesa, Applicant, via Zoom
Mayor Hernandez closed the Public Hearing for Item 12 at 7:58 p.m.
Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 4-0, by the following roll call vote:
Item 7.
Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA March 23, 2022
AYES: Councilmember Beaman Jacinto, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.
NOES: None.
ABSTAIN: None.
ABSENT: None.
PUBLIC COMMENTS (NON-AGENDA ITEMS):
a) Clarisa Grano, via written communication received 3/23/2022 4:16 PM b) James R., via Zoom
c) Trinidad Arredondo, in person
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 8:13 p.m., in the memory of Cally F. Ramos, former Coachella Councilmember and Mayor.
Respectfully submitted,
___________________________
Angela M. Zepeda
City Clerk
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STAFF REPORT
4/13/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Resolution No. 2022-39, a Resolution of the City Council of the City of Coachella, California, Approving Final Tract Maps No. 31978 and 31978-1 STAFF RECOMMENDATION:
Approve Resolution No. 2022-39, a Resolution of the City Council of the City of Coachella, California, Approving Final Tract Maps No. 31978 and 31978-1.
DISCUSSION/ANALYSIS:
Final Tract Maps have been prepared by an appropriately licensed professional for Tract Map No. 31978 and 31978-1 in accordance with the approved Tentative Tract Map 31978. Tentative Map 31978 proposed to subdivide an approximately 38-acre parcel into one hundred sixty (160) single-family residential lots, with public streets and common-area lots, on 38 acres of vacant land located at the south east corner of Avenue 53 and Frederick Street (APN #765-200-005, -012, -015, -018, -019 and -024). Tract nap 31978-2 was previously approved and developed creating 50 individual residential lots. Tract maps 31978 and 31978-1 will complete the original Tract map subdividing the remaining portions of the original tract into 108 single family homes. The map is consistent with the General Plan 2020.
Final Tract Maps No. 31978 and 31978-1 are both in compliance with the conditions of approval and are in accordance with the Subdivision Map Act of the State of California. Conditions of approval include improvements to all frontage roads, including Fredrick Street, Avenue 52 and Calle Empalme, as well installation of dedicated interior streets, installation of public water and sewer mains and improvements to adjacent intersections. The developer has worked with the City Engineering department to produce approved street and utility plans for the entire tract and has agreed to enter into a Subdivision Improvement Agreement for the completion of all approved public improvements.
Staff recommends that the City Council Approve the Final Tract Map 31978 and 31978-1.
FISCAL IMPACT:
The approval of this Parcel Map will have no fiscal impact to the City of Coachella.
Attachments:
1. Resolution No 2022-39
2. Final Parcel Map 31978
3. Final Parcel Map 31978-1
4. Draft Subdivision Improvement Agreement
Item 9.
RESOLUTION NO. 2022-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, APPROVING FINAL PARCEL MAPS NO.
31978 AND 31978-1
WHEREAS, Final Tract Map have been prepared by an appropriately licensed professional as Tract Map No. 31978 and 31978-1, subdividing of those certain lands identified on the approved Tentative Tract Map No. 31978; and
WHEREAS, as a requirement of the Subdivision Map Act of the State of California, as it existed at the time of the approval of Tentative Parcel Map No. 31978, that map complied with said requirements; and
WHEREAS, the City Council of the City of Coachella deems it is in the best interest of the citizens of the City of Coachella, California, that this division of land is consistent with the goals and policies of the General Plan.
NOW, THEREFORE, BE IT RESOLVED, that this City Council does hereby approve said Final Tract Map No. 31978 and Final Tract Map No. 31978-1, subject to entering into an approved Subdivision Improvement Agreement and posting required securities acceptable to the City within 60 days of adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 13th day of April 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 9.
Resolution No. 2022-39
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-39 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of April 20202, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk
Item 9.
SHEET 1 OF 7 SHEETS
J.N. 2662
______ ___________ ______
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No. 8223
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LUKE R. BEVERLY
No. 4230
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RONALD A. MUSSER
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-1, ON FILE IN BOOK ______ PAGES ___ THROUGH ___, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN {NOTARY'S ACKNOWLEDGMENT & SIGNATURE OMISSIONS
SEE SHEET 2}
{I.I.D. ACCEPTANCE
SEE SHEET 2}
__________________________________
__________________________________
Item 9.
J.N. 2662
SHEET 2 OF 7 SHEETS
__________________ _______________________________________________ __________________
_______________________ _________________________
________________________________________________________ ____________.
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__________________
____________________________________ ____________________ ______________________________________
TR. 31978-3
111
COACHELLA
CITY OF
AVENUE 51
VAN BUREN STREET
FREDERICK STREET
AVENUE 52
AVENUE 53
AVENUE 54
HARRISON STREET
GRAPEFRUIT BLVD.
TYLER ST.
CALLE VERDE
CALLE ZAMORA
CALLE EMPALME
CALLE EMPALME
N.T.S.
VICINITY MAP
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-1, ON FILE IN BOOK ______ PAGES ___ THROUGH ___, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN 2 4
3 5
6 1.
7.
Item 9.
41 40
44 43 42
38 39
37 32 33 34 35 36
31 30
29 28
27 26
25 24
46 47
48 49
50 51
53 54
55 56 57 58 59 21
20 19
18 17
16 15
14 13
12 11
10 9
8 7
6 5
4 3
2 1
72 71 70
23 22 52
69 68 67 66 65 64 63 62 61 60
LOT "C"
LOT "D"
LOT "F" LOT "E" (L1)
L3
L8
L10
L13
L14 L15 L17
(L24)
375.65' 284.73'
L5
C
3 L12
L18
L23
L20
L22
L21
L16
L11 L9
L19
L6
N 89%%D08'31" E
(R)
(593.21') R2
LOT "A"
N 83%%D19'39" W
(R) PRC
45 \A1;20'
L4
LOT "H"
LOT "B"
(1320.39') R2
(660.01') R1 R&M (660.20') R2 (630.38') R1 R&M (660.19') R2 (WELL SITE)
LOT "G"
(1320.98') R2
491.07' 829.95'
R1 R&M
(145.13') (323.14') R1 R&M
(1320.15') R2
(851.99') R1 R&M
(1322.14') R1 R&M (1322.16') R2
(2642.65') R2
(
C
1 )
(
C
2 )
(L25)
(L2)
DN. 0.2'
L26
J.N. 2662
SHEET 3 OF 7 SHEETS
0' 0' 300'
SCALE 1"=150'
150' 450' 600'
AVENUE 54
AVENUE 52
CALLE
EMPALME
FREDERICK STREET
AVENUE 53
TRACT NO. 30020M.B. 312/81-84
PARCEL 1PARCEL MAP NO. 22901P.M.B. 154/45-46
LOT 15
LOT 14
6 5
4 CURVE DATA
NO. DELTA RADIUS LENGTH
(C1) 06%%D47'00" 956.00' 113.18'
(C2) 06%%D47'00" 1044.00' 123.60'
C3 05%%D14'51" 250.00'22.90'
LINE DATA
NO. BEARING LENGTH
(L1) 25.22'
(L2) 33.96'
L3 30.00'
L4 50.00'
L5 101.54'
L6 58.28'
31.76'
L8 49.92'
L9 N 89%%D53'40" E 272.92'
L10 70.00'
L11 N 82%%D06'20" W 85.72'
L12 103.72'
L13 146.36'
L14 N 80%%D06'20" W 67.02'
L15 N 89%%D53'40" E 66.00'
L16 10.93'
L17 N 80%%D06'20" W 59.17'
L18 N 89%%D53'40" E 260.00'
L19 82.00'
L20 25.46'
L21 50.00'
L22 25.46'
L23 82.00'
(L24) 24.00'
(L25) N 89%%D53'40" E 121.31'
1 LOT 11
LOT 6
LOT 7
SIENA LANE
MONZA LANE
PALERMO COURT
CORTINA PLACE
BELLISSIMA AVENUE TRACT NO. 31978-1 M.B. ___/__-__
SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEETS 4 THROUGH 7 FOR
DETAILED LOT DIMENSIONS
INDICATES SHEET NUMBER
#
LOT "B" OF (AMENDED)
P.M. NO. 14227,
P.M.B. 99/43-44 MODENA TERRACE
TORINO PLACE
LOT "A" OF (AMENDED)
P.M. NO. 14227,
P.M.B. 99/43-44
TRACT NO.
31978-2
M.B.
404/85-89
1 2
3 4
5 6
8 2
3 4
5 6
8 BASIS OF BEARINGS
S.F.N
E.S.P. PER R1
S.F.N
E.S.P. PER R1
3 2
10'
30'
4 10'
5 6
20'
28'
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-1, ON FILE IN BOOK ______ PAGES ___ THROUGH ___, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN (2566.91') R1 R&M
(2566.85') R1
(1320.52') R1 R&M
(1320.49') R2
R1 R&M
R1 R&M
R1 R&M
R1 R&M
R1 R&M
R1 R&M
DN. 0.9'
DN. 0.6'
L26 N 89%%D53'40" E 30.00'
Item 9.
SIENA LANE
TORINO PLACE
MODENA TERRACE
25 24
49 50
51 53
21 20
19 18
7 6
5 4
3 2
1 72 71 70
23 22 52
69 68 67 66
LOT "C"
LOT "A"
LOT "D"
LOT "E"
N 89%%D53'40" E
101.34'
N 89%%D53'40" E
101.33'
N 89%%D53'40" E
101.33'
N 89%%D53'40" E
101.32'
N 89%%D53'40" E
101.31'
N 89%%D53'40" E
110.00'
N 89%%D53'40" E
110.00'
100.00'
100.00'
100.00'
100.00'
100.00'
108.00' 108.00'
108.00' 108.00'
108.00' 108.00' 72.00' 62.00' 62.00'
L2 L1
∆
=
0 6
4 '
0 0
"
R
=
9 5
6 .
0 0
'
=
1 1
3 .
1 8
'
∆
=
0 6
4 '
0 0
"
R
=
1 0
4 4
.
0 0
'
=
1 2
3 .
6 0
'
L3
25.00' 25.00' 74.00' 62.00' 62.00' 62.00' 62.00' 62.00'
62.00'
L4
L5
L6
62.00' 62.00' 62.00' 66.00' 66.00'
66.00'
66.00'
66.00' 66.00' 62.00' 62.00' 62.00'
62.00' 62.00' 54.00'
90.00' 90.00'
54.00' 62.00' 62.00'
62.00' 62.00' 54.00'
92.00'
56.00' 62.00' 62.00' 62.00' 62.00' 62.00'
266.00'
125.00' 347.00'
L8
L9
20.00' 101.31'
72.00' 62.00'
N 83%%D19'39" W
(R)
6,686 S.F.
6,687 S.F.
6,687 S.F.
6,282 S.F.
6,283 S.F.
6,283 S.F.
6,696 S.F.
6,696 S.F.
7,614 S.F.
7,614 S.F.
6,696 S.F.
6,696 S.F. 6,820 S.F.
6,820 S.F.
7,758 S.F.
7,238 S.F. 6,200 S.F. 6,200 S.F. 6,200 S.F. 6,200 S.F. 6,200 S.F. 571.00'
\A1;25' \A1;25'
\A1;25' \A1;25'
\A1;25' \A1;25'
\A1;25' \A1;25'
\A1;25' \A1;25'
FREDERICK STREET
\A1;6'
\A1;50'
\A1;30' \A1;20'
\A1;50'
32 14 12 11 10 9 8 7
LOT D
SHEET 4 OF 7 SHEETS
J.N. 2662
0' 80'
SCALE 1"=40'
40' 120' 160'
SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEET 3 FOR SURVEYOR'S NOTES,
AND BOUNDARY DIMENSIONS
LINE DATA
NO. BEARING LENGTH
L1 24.00'
L2 25.22'
L3 N 80%%D06'20" W 67.02'
L4 25.46'
L5 25.46'
L6 25.46'
25.46'
L8 50.00'
L9 N 89%%D53'40" E 50.00'
10' PUE
0.150 AC.(PUBLIC STREET)
0.939 AC.
(PUBLIC STREET)
0.858 AC.(PUBLIC STREET)
0.566 AC.(PUBLIC STREET)
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
SEE SHEET 5
SEE SHEET 6 SEE SHEET 6
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-1, ON FILE IN BOOK ______ PAGES ___ THROUGH ___, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN TR. NO. 31978-2
M.B. 404/85-89
8
Item 9.
SIENA LANE
49 50
51 53 54 55 56 57 58 59
52 67 66 65 64 63 62 61 60
LOT "D"
100.00'
100.00'
100.00'
100.00'
100.00'
100.00'
100.00'
100.00'
100.00'
100.00'
100.00'
100.00'
L1
L2 L3 L4
L5
62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 74.00'
62.00' 62.00' 62.00' 74.00'
66.00' 66.00' 62.00' 62.00' 62.00' 62.00' 56.00'
62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 56.00'
571.00'
6,984 S.F. 6,600 S.F. 6,519 S.F. 6,200 S.F. 6,200 S.F. 6,200 S.F. 7,238 S.F. 6,200 S.F. 6,200 S.F. 6,200 S.F. 6,200 S.F. 6,200 S.F. 6,200 S.F. 7,238 S.F.
25.00' 25.00'
\A1;25' \A1;25'
CORTINA PLACE
L6
21 20
19 18
33 34 35 36 37
32 17
16 15
14 8 7 6 5 4 3 2 1
L8
SHEET 5 OF 7 SHEETS
J.N. 2662
0'
80'
SCALE 1"=40'
40' 120' 160'
SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEET 3 FOR SURVEYOR'S NOTES,
AND BOUNDARY DIMENSIONS
LINE DATA
NO. BEARING LENGTH
L1 N 80%%D06'20" W 67.02'
L2 N 89%%D53'40" E 66.00'
L3 10.93'
L4 N 80%%D06'20" W 59.17'
L5 25.46'
L6 50.00'
25.46'
10' PUE
0.939 AC.
(PUBLIC STREET)
10' PUE
10' PUE
10' PUE
SEE SHEET 4 SEE SHEET 4
TRACT NO. 31978-1
M.B ___/__-__
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-1, ON FILE IN BOOK ______ PAGES ___ THROUGH ___, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN \A1;25'
\A1;25'
TRACT NO. 31978-2
M.B. 404/85-89
TRACT NO. 31978-1M.B ___/__-__
L8 N 89%%D53'40" E 43.00'
Item 9.
MONZA LANE
TORINO PLACE
MODENA TERRACE
33 32
31 30
29 28
27 26
25 24
46 47
48 49
50 19
18 17
16 15
14 13
12 11
10 9
8 7
6 LOT "B"
LOT "H"
LOT "G"
LOT "C"
LOT "F"
LOT "E"
101.44'
105.99'
109.96'
109.95'
115.93'
98.69'
118.33'
102.16'
129.31'
N 80%%D58'08" W
101.62'
N 89%%D53'40" E
107.82'
N 89%%D53'40" E
101.58'
N 89%%D53'40" E
101.35'
N 88%%D15'09" E
102.45'
N 89%%D53'40" E
116.42'
N 89%%D53'40" E
108.00'
N 89%%D53'40" E
124.45'
N 89%%D53'40" E
122.19'
N 89%%D53'40" E
110.00'
63.92'
65.95'
11.94'
8.61' 71.59'
61.61' 82.97' 55.77'
91.48' 47.26'
108.00' 108.00'
108.00' 108.00' 62.00' 62.00'
L1 L2
57.03'
25.53'
64.19'
76.61'
L3
62.00'
64.19'
L5
L6
L8
L9
L10
L11
∆
=
2 1
5 1
2 '
0 2
"
R =
4 . 0
0 '
=
1 6
.
5 3 '
50.00'
62.00'
62.00'
62.00' 62.00' 78.72' 72.93' 35.37'
123.78' 79.36' 145.09' 64.19' 62.61'
2.00'
62.00' 62.00'
62.00'
4.56'
17.64' 23.27'
23.01'
17.90'
32.26'
4.56'
62.00'
347.00'
L12
N 89%%D46'49" E
(R)
(R)
(R)
(R)
N 82%%D17'39" E
(R)
(R)
(R)
(R)
(R)
(R)
L13
6,283 S.F.
6,285 S.F.
6,481 S.F.
7,346 S.F.
9,585 S.F.
9,765 S.F.
11,630 S.F.
7,078 S.F.
6,850 S.F.
7,044 S.F.
6,696 S.F.
6,696 S.F.
6,696 S.F.
6,951 S.F.
6,860 S.F.
6,381 S.F.
7,513 S.F.
9,309 S.F.
7,416 S.F.
6,211 S.F.
7,686 S.F.
7,250 S.F.
6,820 S.F.
L14
L15
L16
L17
L18
C 1
C 2
C
4 C
5 C
6 C
C
8 C 9
C
1 0
C
1 1
C 1 2
C
1 3
C
1 4
C
1 5
C
1 6
C
1 C
1 8
C
1 9
C
2 0
C
2 1
C 2 2
C
2 3
C
2 4
C
2 5
C
2 6
C 2
C 2 8
C 2 9
C
3 0
C 3 1
C
3 2
C
3 3
C
3 4
L19
L20
L21
\A1;25' \A1;25'
\A1;25'
\A1;25'
\A1;25' \A1;25'
(R) PRC
495.57'
17.99'
\A1;20'
FREDERICK STREET
\A1;30'
\A1;30'
\A1;20'
AVENUE 53
N 80%%D06'20" W
(R) PRC N 80%%D06'20" W
(R) PCC
\A1;6'
\A1;50'
\A1;6'
\A1;50'
(WELL SITE)
\A1;50'
\A1;50'
C
3 C
3 5
52.04'
23.17'
38.37'
L4
8,755 S.F.
10' PUE
SHEET 6 OF 7 SHEETS
J.N. 2662
0' 80'
SCALE 1"=40'
40' 120' 160'
SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEET 3 FOR SURVEYOR'S NOTES,
AND BOUNDARY DIMENSIONS
CURVE DATA
NO. DELTA RADIUS LENGTH
C1 05%%D54'25" 300.00'30.93'
C2 100.00'18.13'
C3 89%%D52'15" 60.00'94.11'
C4 100.00'18.13'
C5 275.00'48.00'
C6 100.00'30.72'
C7 100.00'30.72'
C8 325.00'56.72'
C9 05%%D54'25" 250.00'25.77'
C10 47.00'45.00'
C11 47.00'40.00'
C12 47.00'45.00'
C13 56%%D43'23" 47.00'46.53'
C14 100.00'13.07'
C15 100.00'17.65'
C16 325.00'44.72'
C17 325.00'12.00'
C18 100.00'18.11'
C19 100.00'12.61'
C20 425.00'52.41'
C21 425.00'56.59'
C22 00%%D18'21" 425.00'2.27'
C23 08%%D48'40" 375.00'57.67'
C24 06%%D11'20" 375.00'40.51'
C25 60.00'29.09'
C26 38%%D11'50" 60.00'40.00'
C27 60.00'25.03'
C28 300.00'23.63'
C29 300.00'7.30'
C30 300.00'52.36'
C31 05%%D54'25" 275.00'28.35'
C32 375.00'98.17'
C33 400.00' 104.72'
C34 425.00' 111.26'
LINE DATA
NO. BEARING LENGTH
L1 33.91'
L2 34.19'
L3 33.96'
L4
L5 N 85%%D37'25" W 40.91'
L6 40.91'
21.96'
L8 50.00'
L9 50.00'
L10 26.09'
L11 N 83%%D59'15" E 53.26'
L12 65.53'
L13 N 89%%D53'21" E 6.00'
L14 N 82%%D06'20" W 85.72'
L15 N 89%%D53'40" E 334.58'
L16 N 89%%D53'40" E 334.58'
L17 N 89%%D53'40" E 334.58'
L18 320.00'
L19 N 83%%D59'15" E 86.30'
L20 141.81'
L21 82.56'
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
0.034 AC.
(OPEN SPACE)
0.026 AC.
(OPEN SPACE)
0.716 AC.
(PUBLIC STREET)
0.858 AC.(PUBLIC STREET)
0.566 AC.(PUBLIC STREET)
0.594 AC.
(PUBLIC STREET)
SEE SHEET 4
SEE SHEET 4
SEE SHEET 7
LOT "A"
0.150 AC.(PUBLIC STREET)
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-1, ON FILE IN BOOK ______ PAGES ___ THROUGH ___, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN C35 65%%D58'24" 60.00'69.09'
30.46'
Item 9.
MONZA LANE
45 44 43 42 41 40
39 32 33 34 35 36 37 38
46 47
LOT "B"
LOT "F"109.99'
100.00'
100.00'
100.00'
100.59'
100.66'
100.72'
100.78'
100.84'
102.10'
99.45'
101.54'
L1
L2
L3
L4
L5
L6
62.00' 62.00' 66.95' 81.98'
L8
L9
66.00' 62.00' 62.00' 62.00' 62.00' 62.18' 76.13'
51.20' 62.00' 62.00' 62.00' 62.00' 35.38'
66.00' 62.00' 62.00' 62.00' 50.33'
25.32'
32.96'
L10
(R)
(R)
(R)
6,261 S.F. 6,239 S.F. 6,243 S.F. 6,246 S.F. 6,250 S.F. 6,283 S.F. 6,739 S.F.
7,929 S.F. 6,868 S.F. 6,200 S.F. 6,200 S.F. 6,692 S.F. 7,288 S.F.
L11
L12
C
1 C 2 C 4 C 3
C 5
C 6 C
C 8 C 9
C 1 0
C 1 1
C 1 2
C 1 3 C 1 4
(R) PRC
(R) PRC
\A1;25' \A1;25'
\A1;25' \A1;25'
\A1;20'
AVENUE 53
CORTINA PLACE
\A1;50'
24 25
23 22
26 31 30 29 28 27
375.65'
(660.01') R1 R&M
\A1;30'
(284.73')
N 89%%D08'31" E
(R)
SHEET 7 OF 7 SHEETS
J.N. 2662
0' 80'
SCALE 1"=40'
40' 120' 160' SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEET 3 FOR SURVEYOR'S NOTES,
AND BOUNDARY DIMENSIONS
CURVE DATA
NO. DELTA RADIUS LENGTH
C1 05%%D14'51" 250.00'22.90'
C2 09%%D32'57" 100.00'16.67'
C3 05%%D25'22" 300.00'28.39'
C4 05%%D54'25" 300.00'30.93'
C5 100.00'18.13'
C6 05%%D54'25" 250.00'25.77'
C7 05%%D07'33" 250.00'22.37'
C8 300.00'7.30'
C9 05%%D07'33" 300.00'26.84'
C10 00%%D17'49" 300.00'1.55'
C11 250.00'5.73'
C12 250.00'16.63'
C13 05%%D54'25" 275.00'28.35'
C14 05%%D07'33" 275.00'24.60'
LINE DATA
NO. BEARING LENGTH
L1 30.00'
L2 50.00'
L3 58.28'
L4 31.76'
L5 49.92'
L6 70.00'
N 85%%D46'05" E 38.86'
L8 N 83%%D59'15" E 53.26'
L9 47.26'
L10 51.27'
L11 N 83%%D59'15" E 86.30'
L12 103.72'
0.716 AC.
(PUBLIC STREET)
0.594 AC.
(PUBLIC STREET)
10' PUE
10' PUE
10' PUE
SEE SHEET 6 SEE SHEET 6
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-1, ON FILE IN BOOK ______ PAGES ___ THROUGH ___, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN TRACT NO. 31978-1M.B. ___/__-__
TRACT NO. 31978-1
M.B. ___/__-__
Item 9.
SHEET 1 OF 6 SHEETS
J.N. 2662
______ ___________ ______
____________ ____________
___________
______________________________
______________________________
______________________________
___________________________________
_______________________________________
_______________
_________________ ___
_____________________________
_______________
__________________ ___
_____________________________
_________________________________
________________
_________________________________
_________________
__________ ______________________
________
__________________
__________________________________
{NOTARY'S ACKNOWLEDGMENT & SIGNATURE OMISSIONS
SEE SHEET 2}
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{I.I.D. ACCEPTANCE
SEE SHEET 2}
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978-1
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-2, ON FILE IN BOOK 404, AT PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN __________________
_________________________________
No. 8223
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LUKE R. BEVERLY
__________________________________
__________________________________
No. 4230
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RONALD A. MUSSER
Item 9.
J.N. 2662
SHEET 2 OF 6 SHEETS
__________________
_______________________ _________________________
________________________________________________________ ____________.
__________________
____________________________________ ____________________ ______________________________________
__________________
_______________________ _________________________
________________________________________________________ ____________.
__________________
____________________________________ ____________________ ______________________________________
TR. 31978-1
111
COACHELLA
CITY OF
AVENUE 51
VAN BUREN STREET
FREDERICK STREET
AVENUE 52
AVENUE 53
AVENUE 54
HARRISON STREET
GRAPEFRUIT BLVD.
TYLER ST.
CALLE VERDE
CALLE ZAMORA
CALLE EMPALME
CALLE EMPALME
N.T.S.
VICINITY MAP
2 4
3 5
6 1.
__________________ _______________________________________________
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978-1
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-2, ON FILE IN BOOK 404, AT PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN __________________
_______________________ _________________________
________________________________________________________ ____________.
__________________
____________________________________ ____________________ ______________________________________
8 9
10.
Item 9.
(1322.14') R1 R&M
(323.14') R1 R&M
(1320.39') R2
(1320.98') R2
(1322.16') R2
(1320.15') R2
1234
24 25
23 22
5 21
6 20
7 19
8 18
9 33 34 35 36 37
32 31 30 29 28 27
26 17 10
16 11
15 12
13 14
LOT "F"
LOT "C"
LOT "B"
LOT "D"
LOT "E"
LOT "G"
254.73'
L3
L4
L5
C
1 L11
L14
L16 L17 L18 L19
(L24)
L8
L9
L10
L13
(L22)
C
2 (R)
\A1;30'
L6
L2
N 89%%D08'31" E
(R)
L12 L15
\A1;30'
(N 89°53'40" E)
(121.31') R1 R&M
(33.96') R1 R&M
N 83%%D19'39" W
(R) PRC
(N 00°06'20" W)
(24.00') R1 R&M
85.00' 82.00'
LOT "A" L1
DN. 0.2'
DN. 0.2'
DN. 0.2'
L20
DN. 0.2'
(L26) R1 R&M
491.07' 829.95'
L27
(660.20') R2 (660.19') R2
375.65'
(660.01') R1 R&M (630.38') R1 R&M
R1 R&M
(145.13') (851.99') R1 R&M
(662.36') R1 R&M
(513.56') R1 R&M
(354.93') R1 R&M
(L23)
(L21)
(L25)
30.00'
(659.78') R1 R&M
(2642.65') R2
(593.21') R2
(
C4
)
(
C3
)
J.N. 2662
SHEET 3 OF 6 SHEETS
0' 0' 300'
SCALE 1"=150'
150' 450' 600'
1234
AVENUE 54
AVENUE 52
CALLE
EMPALME
FREDERICK STREET
AVENUE 53
TRACT NO. 30020M.B. 312/81-84
PARCEL 1PARCEL MAP NO. 22901P.M.B. 154/45-46
(1320.52') R1 R&M
(2566.91') R1 R&M
1 2
5 3
4 689
LOT 11 LOT 6
LOT 7
PALERMO COURT
CORTINA PLACE
BELISSIMA AVENUE
SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEETS 4 THROUGH 7 FOR
DETAILED LOT DIMENSIONS
INDICATES SHEET NUMBER
#
3 (1320.49') R2
(2566.85') R1
TRACT NO.
31978-2
M.B.
404/85-89
6 54
S.F.N
E.S.P. PER R1
S.F.N
E.S.P. PER R1
DN. 0.9'
5 6
8 LINE DATA
NO. BEARING LENGTH L1 50.00'
L2 101.54'
L3 58.28'
L4 31.76'
L5 49.92'
L6 N 89%%D53'40" E 272.92'
70.00'
L8 N 82%%D06'20" W 85.72'
L9 103.72'
L10 146.36'
L11 N 80%%D06'20" W 67.02'
L12 N 89%%D53'40" E 66.00'
L13 10.93'
L14 N 80%%D06'20" W 59.17'
L15 N 89%%D53'40" E 260.00'
L16 82.00'
L17 25.46'
L18 50.00'
L19 25.46'
L20 167.00'
(L21) 23.43'
(L22) 60.00'
(L23) N 89%%D53'40" E 16.14'
(L24) N 89%%D53'40" E 12.00'
(L25) 25.22'
CURVE DATA
NO. DELTA RADIUS LENGTH
C1 05%%D14'51" 250.00'22.90'
C2 50.00'18.41'
(C3) 06%%D47'00" 1044.00' 123.60'
(C4) 06%%D47'00" 956.00' 113.18'
9 BASIS OF BEARINGS
PORTION OFLOT 10
LOT 14
LOT 10
2 10'
30'
4 10'
5 28'
6 20'
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978-1
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-2, ON FILE IN BOOK 404, AT PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN L26 30.00'
DN. 0.6'
L27 N 89%%D53'40" E 30.00'
{REMAINDER
PARCEL
15.270 AC.}
2 10'
R1 R&M
R1 R&M
R1 R&M
R1 R&M
R1 R&M
R1 R&M
R1 R&M
8 30'
9
Item 9.
CORTINA PLACE
PALERMO COURT
MONZA LANE
1 2
3 4
24 25
23 22 5
21 6
20 7
19 8
33 34 35 36 37
32 31
30 29 28 27
26 LOT "G"
LOT "A"
LOT "D"
LOT "E"
106.50'
89.13'
103.74'
103.00'
103.00'
L1
L2
L3
L4
L5 L6
L8
L9
L10
66.94' 72.00' 62.00' 71.98'
75.13' 62.00' 62.00' 62.00' 62.00' 62.00'
73.81' 125.32'
62.20' 62.00' 62.00' 62.00' 62.00' 62.00'
108.00' 101.00'
108.00' 101.00'
108.00' 101.00'
110.13' 101.00'
108.35'
N 89%%D53'40" E
101.00'
N 89%%D53'40" E
101.00'
134.72' 94.94'
19.23'
254.73'
L11
62.00' 62.00'
16.72'
25.32'
32.96'
L12
L13
73.02'
124.72' 253.00'
124.00'
38.42'
65.31'
20.30' 59.59' 62.00' 54.00'
20.67' 59.22' 62.00' 54.00'
43.00'
L14
14.76'
N89%%D08'31"E (R)
7,501 S.F.
6,262 S.F.
6,262 S.F.
6,262 S.F.
6,262 S.F.
6,696 S.F. 6,262 S.F.
6,696 S.F.
6,742 S.F.
7,128 S.F.
10,484 S.F.
11,072 S.F.
10,853 S.F. 6,777 S.F. 6,386 S.F. 7,254 S.F.
9,803 S.F.
10,946 S.F.
L15
C
1 C
2 C 3
4 5
6 C
C
8 C
9 C
1 0
C 1 1
C
1 2
C
1 3
C
1 4
C
1 5
C 1 6
C
1 C
1 8
(R)
(R)
N 88%%D06'57" W
(R)
N 83%%D53'40" E
(R) PRC
L16
\A1;25' \A1;25'
\A1;25' \A1;25'
\A1;25'
\A1;25'
\A1;30'
\A1;30'
CALLE EMPALME
SHEET 4 OF 6 SHEETS
J.N. 2662
0' 80'
SCALE 1"=40'
40' 120' 160'
SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEET 3 FOR SURVEYOR'S NOTES,
AND BOUNDARY DIMENSIONS
10' PUE
CURVE DATA
NO. DELTA RADIUS LENGTH
C1 06%%D00'00" 275.00'28.80'
C2 06%%D00'00" 250.00'26.18'
C3 100.00'30.72'
C4 06%%D00'00" 300.00'31.42'
C5 100.00'18.13'
C6 100.00'30.72'
C7 47.00'176.53'
C8 98%%D30'56" 60.00'103.17'
C9 47.00'67.00'
C10 58%%D20'41" 47.00'47.86'
C11 47.00'61.67'
C12 00%%D45'09" 250.00'3.28'
C13 05%%D14'51" 250.00'22.90'
C14 60.00'13.27'
C15 60.00'48.83'
C16 39%%D13'12" 60.00'41.07'
C17 100.00'4.19'
C18 100.00'13.94'
LINE DATA
NO. BEARING LENGTH L1 37.11'
L2 49.92'
L3 31.76'
L4 N 85%%D46'05" E 1.96'
L5 25.46'
L6 50.00'
50.00'
L8 40.91'
L9 33.99'
L10 25.46'
L11 21.43'
L12 58.28'
L13 50.00'
L14 50.00'
L15 167.00'
L16 70.00'
10' PUE
10' PUE 10' PUE
10' PUE
10' PUE
0.453 AC.
(PUBLIC STREET)
0.934 AC.(PUBLIC STREET)
0.299 AC.
(PUBLIC STREET)
0.021 AC.
(PUBLIC STREET)
SEE SHEET 5
SEE SHEET 5
{REMAINDER
PARCEL
15.270 AC.}
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978-1
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-2, ON FILE IN BOOK 404, AT PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN AVENUE 53
2
Item 9.
CORTINA PLACE
PALERMO COURT
21 6
20 7
19 8
18 9
33 34 35 36 37
32 17 10
16 11
15 12
14 13
LOT "C"
LOT "B"
LOT "D"
LOT "E"
BELLISSIMA AVENUE
103.99'
103.00'
103.00'
77.58'
10.93'
L1
108.00' 101.00'
L5
62.00' 62.00' 66.00' 66.00' 66.00' 66.00' 74.00'
90.00' 86.00'
62.00' 62.00' 66.00' 66.00' 66.00' 66.00' 59.00'
108.00' 101.00'
108.00' 101.00'
108.00' 101.00'
108.00' 101.00'
108.00' 101.00'
108.00' 101.00'
59.00' 66.00' 66.00' 66.00' 66.00' 62.00' 62.00'
253.00' 255.00'
43.00' 264.00'
22.36'
20.67' 59.22' 62.00' 54.00'
52.47' 73.53' 62.00' 72.00'
82.00' 85.00'
43.00'
45.00'
30.00' 25.00' 25.00'
L9
277.48'
L10
L12
L13
L11
6,262 S.F.
6,262 S.F.
6,666 S.F.
6,666 S.F.
6,666 S.F.
6,666 S.F.
7,857 S.F. 7,362 S.F.
7,128 S.F.
7,128 S.F.
7,128 S.F.
7,128 S.F.
6,696 S.F.
6,696 S.F.
10,399 S.F. 9,724 S.F. 6,837 S.F. 6,386 S.F. 7,254 S.F.
L14
L15
L16
C 1
C 3
\A1;25' \A1;25'
L3
288.00'
L4
C 4
(R)
L17
\A1;30'
\A1;25'
L6
L2
(R)
L8
\A1;25' \A1;25'
\A1;30'
\A1;30'
CALLE EMPALME
C
2 SHEET 5 OF 6 SHEETS
J.N. 2662
0' 80'
SCALE 1"=40'
40' 120' 160'
SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEET 3 FOR SURVEYOR'S NOTES,
AND BOUNDARY DIMENSIONS
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
0.453 AC.
(PUBLIC STREET)
CURVE DATA
NO. DELTA RADIUS LENGTH
C1 100.00'30.72'
C2 47.00' 176.53'
C3 47.00'61.67'
C4 50.00'18.41'
LINE DATA
NO. BEARING LENGTH L1 N 89%%D53'40" E 43.00'
L2 23.43'
L3 25.46'
L4 25.46'
L5 21.21'
L6 23.43'
50.00'
L8 25.46'
L9 50.00'
L10 N 89%%D53'40" E 12.00'
L11 60.00'
L12 N 89%%D53'40" E 50.00'
L13 50.00'
L14 N 80%%D06'20" W 67.02'
L15 N 89%%D53'40" E 66.00'
L16 N 80%%D06'20" W 59.17'
L17 60.00'
384.89'
0.934 AC.(PUBLIC STREET)
0.384 AC.
(PUBLIC STREET)
0.506 AC.(OPEN SPACE)
SEE SHEET 6
SEE SHEET 4 SEE SHEET 4
(PUBLIC STREET)
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978-1
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-2, ON FILE IN BOOK 404, AT PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN
Item 9.
14 13
LOT "F"
LOT "C"
LOT "B"
BELISSIMA AVENUE
L3
L4
L5
L6
L8
43.00' 264.00' 45.00'
16.14'
262.00'
30.00' 30.00'
384.89'
293.14'
L11
L10
L13
C
2 C
4 30.00'
C
3 C
1 L2
L1
\A1;30' \A1;30'
L15
45.00'
BELLA ROMA LANE
\A1;30'
\A1;30'
10 277.48'
L9
L12 C 5 L14
\A1;30'
(R)
CORTINA
SHEET 6 OF 6 SHEETS
J.N. 2662
0'
80'
SCALE 1"=40'
40' 120' 160'
SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEET 3 FOR SURVEYOR'S NOTES,
AND BOUNDARY DIMENSIONS
PLACE
CURVE DATA
NO. DELTA RADIUS LENGTH
C1 60.00'16.01'
C2 40.00'10.68'
C3 60.00'16.01'
C4 40.00'10.68'
C5 50.00'18.41'
LINE DATA
NO. BEARING LENGTH
L1 24.49'
L2 24.49'
L3 21.21'
L4 50.00'
L5 50.00'
L6 23.43'
21.21'
L8 23.43'
L9 N 89%%D53'40" E 12.00'
L10 60.00'
L11 N 89%%D53'40" E 50.00'
L12 235.83'
L13 60.00'
L14 656.40'
0.384 AC.
(PUBLIC STREET)
2.362 AC.
(OPEN SPACE)
0.506 AC.(PUBLIC STREET)
SEE SHEET 5
SEE SHEET 5
L15 632.72'
10' PUE
10' PUE
TRACT NO. 31978-2M.B. 404/85-89
45 46
47 48
49 CALLE EMPALME
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 31978-1
BEING A SUBDIVISION OF THE REMAINDER PARCEL OF TRACT MAP NO. 31978-2, ON FILE IN BOOK 404, AT PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN BERNARDINO MERIDIAN \A1;30'
\A1;30'
5 3
Item 9.
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
CITY OF COACHELLA
53990 Enterprise Way
Coachella, CA 92236
ATTN: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from recording fee, per Government Code
Section 6103
CITY OF COACHELLA, CALIFORNIA
By: ________________________________________
City Clerk
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT NO. 31978 & 31978-1
between
CITY OF COACHELLA
a California municipal corporation
and
PULTE HOME COMPANY, LLC
a Michigan Limited Liability Company
Item 9.
Tract Map 31978 and 31978-1 – Subdivision Improvement Agreement
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 31978 & 31978-1
I. PARTIES AND DATE.
This Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this ____ day of _________________, ______ by and between the City of Coachella, a California municipal corporation (“City”) and Pulte Home Company, LLC. a company with its principal office located at 27-401 Los Altos, Suite 400, Mission Viejo, CA 92691, (“Developer”).
City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
II. RECITALS.
A. On October 11, 2019, Developer submitted to City an application for approval of a tentative parcel/tract map for real property located within City, a legal description of which is attached hereto as Exhibit “A” (“Property”). The tentative tract map was prepared on behalf of Developer by MSA Consulting, Inc., and is identified in City records as Tract Map No. 31978 and Tract No. 31978-1(“Tract No. 31978”).
B. Developer’s application for a tentative parcel/tract map for Tract No. 31978 was deemed complete on September 15, 2004. On October 13, 2004, the Coachella City Council conditionally approved Developer’s application for a tentative parcel/tract map for Tract No. 31978.
C. Developer has not completed all of the work or made all of the public improvements required by Title 16 of the Coachella Municipal Code, the Subdivision Map Act (Government Code sections 66410 et seq.) (“Map Act”), the conditions of approval for Tract No. 31978, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
D. Pursuant to Section Coachella Municipal Code section 12.20.040 and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 31978.
E. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for Tract No. 31978.
III. TERMS.
1.0 Effectiveness. This Agreement shall not be effective unless and until all four of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of Riverside; (c) the City Council of the City (“City Council”) approves the final map for Tract No. 31978; and (d) Developer records the final map for Tract No.
Item 9.
Tract Map 31978 and 31978-1 – Subdivision Improvement Agreement
31978 in the Recorder’s Office of the County of Riverside. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for Tract No. 31978.
2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Tract No. 31978, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 319783 (“Public Improvements”).
The Public Improvements are more specifically described in Exhibit ”B,” which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall occur in two phases, identified as Tract map No. 31978 and Tract map No. 31978-1 in Exhibit B.
Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be directly associated with the Public Improvements and performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.
2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.
2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.
2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other
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requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2.6 Alterations to Improvements. The Public Improvements in Exhibit “B” are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted.
Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Public Improvements.
Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.
City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.
4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public
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Improvements within four (4) years of the date on which the City makes a written request to Developer to commence construction of such Public Improvements.
4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.
5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. 31978 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et seq. of this Agreement.
6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 31978 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits.
All utilities shall be installed underground.
7.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 31978.
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8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
9.0 Default; Notice; Remedies.
9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.
Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement.
9.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance.
In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.
9.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable
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attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
11.0 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If Tract No. 31978 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
13.0 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with security in the form of surety bonds, irrevocable letter of credit, cashier's check, or other form of security acceptable to the City, in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the City Engineer’s approximation of
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the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify Developer’s indemnification obligation provided in Section 16.0 of this Agreement.
13.1 Subdivision Improvement Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful subdivision improvement bond or other Security acceptable to the City in the amount of Three million, four hundred three thousand, eight hundred sixty four dollars and fifty nine cents ($ 3,403,864.59). This amount comprises the total Public Improvement Security for both Tract No 31978 and Tract No 31978-1, which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 31978, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 31978.
13.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond, or other Security acceptable to the City, in the amount of Developer shall provide City a faithful subdivision improvement bond or other Security acceptable to the City in the amount of One Million seven hundred one thousand nine hundred thirty-two dollars and thirty cents ($$1,701,932.30). This amount comprises the total Public Improvement Security for both Tract No 31978 and Tract No 31978-1, which sum shall be not less than one hundred percent (50%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.
13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A:VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the
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Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
13.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “C,” unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.
14.0 Monument Security. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Parcel/Tract No. 31978 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Developer shall deposit cash with City in the amount of Five Thousand Dollars ($5,000.00), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Parcel/Tract No. 31978.
15.0 Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
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16.1 Public Works Determination. Developer has been alerted to the requirements of California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.
17.0 Insurance.
17.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage.
17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
17.1.3 Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees.
17.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
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17.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
17.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
17.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City.
17.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M.
Best rating of at least A:VIII.
18.0 Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract No. 31978, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
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20.0 General Provisions.
20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
CITY OF COACHELLA
53990 Enterprise Way
Coachella, CA 92236
Attn: City Engineer
DEVELOPER:
Pulte Home Company, LLC
27-401 Los Altos, Suite 400
Mission Viejo, CA 92691
Attention: Sohail Bokhari, Director of Land Planning and Entitlement
With copy to:
N/A
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
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20.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
20.6 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.
20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
20.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
20.12 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement
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or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement.
20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
Pulte Home Company, LLC,
a Michigan limited liability company,
By: Pulte Home Company, LLC.
a Michigan limited liability company,
By: _______________________________
Sohail Bokhari,
Director or Land Planning and Entitlement
CITY OF COACHELLA
By: ___________________________
(signature)
___Gabriel Martin____________
(print name)
City Manager
City of Coachella
ATTEST:
By: ___________________________
(signature)
___________________________
(print name)
City Clerk
City of Coachella
Item 9.
Tract Map 31978 and 31978-1 – Subdivision Improvement Agreement
NOTE: DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S
BUSINESS ENTITY.
Item 9.
ACKNOWLEDGMENT
CAPACITY CLAIMED BY SIGNER:
Individual(s)
Corporate______________________
Officer(s)______________________
Partner(s)
Attorney-in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other__________________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
______________________________________
STATE OF CALIFORNIA }
}
COUNTY OF _________________ }
On _________________________________, 202_, before me,
__________________________________, the undersigned notary public, personally appeared , personally known
to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
_______________________________________
Signature of Notary
Item 9.
CAPACITY CLAIMED BY SIGNER:
Individual(s)
Corporate______________________
Officer(s)______________________
Partner(s)
Attorney-in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other__________________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
______________________________________
STATE OF CALIFORNIA }
}
COUNTY OF _________________ }
On _________________________________, 202_, before me,
__________________________________, the undersigned notary public, personally appeared , personally known
to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
_______________________________________
Signature of Notary
Item 9.
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A: (APN: 768-430-002 AND 768-430-015)
PARCELS 2 AND 3, OF AMENDED PARCEL MAP 14227, IN THE CITY OF
COACHELLA, COUNTY OFRIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 99, PAGES 43 AND 44 OF PARCELMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT 31978-2, AS SHOWN ON MAPFILED IN BOOK 404 PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY,CALIFORNIA.
PARCEL B: (APN: 768-430-017)
THE NORTH 30 ACRES OF LOT 10 OF COACHELLA LAND AND WATER COMPANY'S SUBDIVISION OFSECTION 7, TOWNSHIP 6 SOUTH, RANGE 8 EAST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 4 PAGE 53 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPTING THEREFROM THAT PORTION LYING WEST OF THE EAST LINE OF PARCEL MAP NO. 14227, AS SHOWN ON MAP FILED IN BOOK 68 PAGE 32 OF
PARCEL MAPS RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND AS AMENDED BY PARCEL MAP FILED IN BOOK 99, PAGES 43 AND 44 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF COACHELLA, BY DEED RECORDED FEBRUARY 19, 2002, AS INSTRUMENT NO. 2002- 085556, OF OFFICIAL RECORDS;
ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT 31978-2, AS SHOWN ON MAP FILED IN BOOK 404 PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL C: (APN'S: 768-430-022 AND 768-430-023)
PARCELS 1 AND 4, OF AMENDED PARCEL MAP 14227, IN THE CITY OF
COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 99,
Item 9.
PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT 31978-2, AS SHOWN ON MAP FILED IN BOOK 404 PAGES 85 THROUGH 89, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF COACHELLA AS SHOWN ON A DOCUMENT REORDED JUNE 6, 2012 AS INSTRUMENT NO. 2012-0259538 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Item 9.
EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 31978 AND 31978-1
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EXHIBIT 2
Item 9.
STREET AND UTILITY IMPROVEMENT PLANS
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EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY
TRACT NO. 31978 AND 31978-1
As evidence of understanding the provisions contained in this Agreement, and of the Developer’s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
SUBDIVISION IMPROVEMENT BOND – Faithful Performance
(Bond #______________________)
PRINCIPAL AMOUNT: $_3,403,864.59___
Surety: _____________________________________
Attorney-in-fact: _____________________________
Address: ____________________________________
____________________________________________
Tel:_________________________________________
SUBDIVISION IMPROVEMENT BOND – Labor and Material
(Bond #_____________________________)
PRINCIPAL AMOUNT: $_1,701,,932.30__
Surety: _______________________________________
Attorney-in-fact: _______________________________
Address: ______________________________________
______________________________________________
Tel:__________________________________________
CASH MONUMENT SECURITY: $5,000.00______
Amount deposited per Cash Receipt No. ____________ Date: _________________
Item 9.
BOND NO. _______________
INITIAL PREMIUM: $3,403,864.59___
SUBJECT TO RENEWAL
Item 9.
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BOND NO. ______________
INITIAL PREMIUM: $1.701,932.20__
SUBJECT TO RENEWAL
Item 9.
Item 9.
STAFF REPORT
4/13/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Resolution No. 2022-40, a Resolution of the City Council of the City of Coachella, California, Approving Final Parcel Map No. 37266 STAFF RECOMMENDATION:
Approve Resolution No. 2022-40, a Resolution of the City Council of the City of Coachella, California, Approving Final Parcel Map No. 37266.
DISCUSSION/ANALYSIS:
A final Parcel Map has been prepared by an appropriately licensed professional for Parcel Map No. 37266 in accordance with the approved modified Tentative Parcel Map 37266. On October 25, 2017, City Council approved Resolution 2017-70, approving Tentative Parcel Map 37266 for the subdivision of land into a common interest subdivision for industrial condominiums into 16 parcels. On February 13, 2019 City Council approved Resolution 2019-02, approving the modifications of Tentative Parcel Map 37266 Parcel Map 37266 to subdivide an approximately 20-acre parcel into two (2) industrial building lots and four (4) greenhouse structure lots located on 48-451 Harrison Street (APN #603-110-001). The map is consistent with the General Plan 2035.
Final Parcel Map No. 37266 is in compliance with the conditions of approval and is in accordance with the Subdivision Map Act of the State of California.
Staff recommends that the City Council Approve the Final Parcel Map 37266.
FISCAL IMPACT:
The approval of this Parcel Map will have no fiscal impact to the City of Coachella.
Attachments:
1. Resolution No 2022-40
2. Final Parcel Map 37266
Item 10.
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Item 10.
RESOLUTION NO. 2022-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, APPROVING FINAL PARCEL MAP NO.
37266
WHEREAS, A final Parcel Map has been prepared by an appropriately licensed professional as Parcel Map No. 37266, subdividing of those certain lands identified on the approved Tentative Parcel Map No. 37266; and
WHEREAS, as a requirement of the Subdivision Map Act of the State of California, as it existed at the time of the approval of Tentative Parcel Map No. 37266, that map complied with said requirements; and
WHEREAS, the City Council of the City of Coachella deems it is in the best interest of the citizens of the City of Coachella, California, that this division of land is consistent with the goals and policies of the General Plan.
NOW, THEREFORE, BE IT RESOLVED, that this City Council does hereby approve said Final Parcel Map No. 37266, subject to posting required securities acceptable to the City within 120 days of adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 13th day of April 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 10.
Resolution No. 2022-40
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-40 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of April 2022, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk
Item 10.
STAFF REPORT
4/13/2022
TO: Honorable Mayor and City Council Members
FROM: Nathan Statham, Finance Director
SUBJECT: Investment Report – November 2021
STAFF RECOMMENDATION:
Staff recommends that the City Council receive and file the investment report for November of 2021
EXECUTIVE SUMMARY:
On June 23, 2021, the City of Coachella along with its component units (Sanitary District, Educational & Governmental Access Cable Corporation, Fire Protection District and Water Authority) approved and adopted the current “Statement of Investment Policy”.
Pursuant to Section 16 of that policy, the City Treasurer shall provide to the City Council a monthly investment report which provides a clear picture of the status of the current investment portfolio.
This report shall include, at a minimum, the following information for each type of investment held in the City’s investment portfolio: the issuer; amount of investment; current market value; yield on investment; income generated from investments; dollar amount invested on all securities, investments and moneys held by the local agency; and shall additionally include a description of any of the local agency’s funds, investments, or programs; and a description of unusual investment activity or developments during the month for which the report is prepared. This information shall be provided for all City and component unit pooled investments, as well as for bond accounts, which are managed by outside Fiscal Agents.
The interest rates presented are the most current rates available as of the date of these reports. The market values presented for pooled City investments are based on closing prices for the related investments as of the date of these reports. This information was obtained from the Wall Street Journal or other reliable sources of market prices.
The Market values presented for investments managed by fiscal agents are based on amounts reported by the fiscal agent on their investment statements. The purchase date and type of investment are not included for funds held by fiscal agents.
Item 11.
Attached is the Treasurer’s Report of Investments which includes an overview on investments which provides information on investment activity, withdrawals and deposits, interest earned, payment of interest and payment of principal as of the months ended November 30, 2021. In addition, this report includes detailed information and current activity on individual investments.
All City investments are in compliance with the guidelines established for Authorized Investments as specified in the Investment Policy, Section 8.
There was no unusual investment activity to report.
The City and Districts have sufficient moneys to meet their expenditure requirements for the next six months.
FISCAL IMPACT:
None, this report is receive and file only.
Item 11.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 10/31/2021 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 11/30/2021
CASH ON HAND
Wells Fargo-General Checking N/A 12,290,854.99 1,072,438.01 - - - 13,363,293.00 Wells Fargo-Road Maintenance N/A 755,801.43 79,287.48 - - - 835,088.91 Wells Fargo-Gas Tax N/A 209,053.19 304,176.90 - - - 513,230.09 Mechanics Bank - Payroll Acct N/A 202,582.67 (30,065.00) - - - 172,517.67 Mechanics Bank-Gas Tax N/A 121,156.21 (121,156.21) - - - - Petty Cash N/A 3,500.00 - - - - 3,500.00
Total Cash on Hand 13,582,948.49 1,304,681.18 - - - 14,887,629.67
INVESTMENTS
State of California - LAIF 0.20% 7,902,626.86 - - - - 7,902,626.86 Investment Management Acct 1.34% 20,370,345.48 5,160.59 - - - 20,375,506.07 Total Investments 28,272,972.34 5,160.59 - - - 28,278,132.93
CASH WITH FISCAL AGENT
Union Bank of California varies 5,226,209.48 160,461.71 - - - 5,386,671.19 ① Wells Fargo Bank, N.A. varies 3.84 87,200.00 - - - 87,203.84 ② Wilmington Trust, N. A. 0.00% - - - - - - ③
Total Cash with Fiscal Agent 5,226,213.32 247,661.71 - - - 5,473,875.03 Grand Total 47,082,134.15 1,557,503.48 - - - 48,639,637.63 Completed By:
Reviewed By: Nathan Statham-Finance Director
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of November 30, 2021
Fiscal Year 2021-2022
DESCRIPTION
E. Stoddard
Item 11.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 10/31/2021 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 11/30/2021
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of November 30, 2021
Fiscal Year 2021-2022
DESCRIPTION
CASH WITH FISCAL AGENT
UNION BANK OF CALIFORNIA
COACHELLA WATER AUTHORITY
CITY OF COACHELLA WATER: WATER REFUNDING BONDS 2012 SERIES A/C #: 6712016201 Bond Fund 0.00% 0.18 - - - - 0.18
A/C #: 6712016202 Interest Account 0.00% 0.06 - - - - 0.06 A/C #: 6712016203 Principal Account 0.00% 0.21 - - - - 0.21 A/C #: 6712016204 Reserve Fund 0.00% 777,000.00 - - - - 777,000.00
COACHELLA FINANCING AUTHORITY
Successor Agency to the Coachella Redevelopments Agency 2014 Series A/C #: 6712104701 Debt Service Fund 0.00% 0.47 - - - - 0.47 A/C #: 6712104702 Interest Account 0.00% - - - - - -
A/C #: 6712104703 Principal Account 0.00% - - - - - -
A/C #: 6712104704 Reserve Account 0.00% 827,612.50 - - - - 827,612.50
COACHELLA SANITARY DISTRICT
WASTEWATER SERIES 2015A
A/C #: 6712148601 Bond Fund 0.00% 0.06 - - - - 0.06
A/C #: 6712148602 Interest Account 0.00% - - - - - -
A/C #: 6712148603 Principal Account 0.00% - - - - - -
A/C #: 6712148604 Reserve Account 0.00% 310,175.00 - - - - 310,175.00 A/C #: 6712148605 Redemption Fund 0.00% - - - - - -
COACHELLA SANITARY DISTRICT: PROJECT FUND 2011
A/C #: 6711963500 Project Fund 2011 0.0100% 25,269.86 0.11 - - - 25,269.86
Item 11.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 10/31/2021 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 11/30/2021
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of November 30, 2021
Fiscal Year 2021-2022
DESCRIPTION
COACHELLA SUCCESSOR AGENCY
MERGED PROJECT AREAS BONDS 98 & 99: BONDS 2013
A/C #: 6712071401 Interest Account 0.00% 0.30 - - - - 0.30 A/C #: 6712071402 Interest Account 0.00% - - - - - -
A/C #: 6712071403 Principal Account 0.00% - - - - - -
A/C #: 6712071404 Reserve Account 0.00% 525,984.89 - - - - 525,984.89 SA TO COACHELLA RDA REFUNDING BONDS SERIES 2016A & 2016B A/C #: 6712160601 Debt Service 0.00% 1.22 - - - - 1.22
A/C #: 6712160602 Interest Account 0.00% - - - - - -
A/C #: 6712160603 Principal Account 0.00% - - - - - -
A/C #: 6712160604 Reserve Account 0.00% 2,147,669.03 - - - - 2,147,669.03 COACHELLA LEASE BONDS 2016
A/C #: 6712179801 Payment Account 0.00% 4.03 160,461.60 - - - 160,465.63 A/C #: 6712179802 Interest Account 0.00% - - - - - -
A/C #: 6712179803 Principal Account 0.00% - - - - - -
A/C #: 6712179804 Reserve Account 0.00% 612,331.26 - - - - 612,331.26 A/C #: 6712179805 Project Fund 0.00% 160.41 - - - - 160.41 TOTAL UNION BANK OF CALIFORNIA 5,226,209.48 160,461.71 - - - 5,386,671.08 ① WELLS FARGO BANK, N.A.
GAS TAX BONDS SERIES 2019
A/C #: 83925300 Debt Service Fund 0.00% 2.46 - - - - 2.46 A/C #: 83925301 Interest Account 0.00% 0.47 87,200.00 - - - 87,200.47 A/C #: 83925302 Principal Account 0.00% 0.91 - - - - 0.91 A/C #: 83925304 Reserve Fund 0.00% - - - - - -
TOTAL WELLS FARGO BANK, N.A. 3.84 87,200.00 - - - 87,203.84 ②
Item 11.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 10/31/2021 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 11/30/2021
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of November 30, 2021
Fiscal Year 2021-2022
DESCRIPTION
WILMINGTON TRUST, N. A.
CITY OF COACHELLA TAXABLE PENSION OBLIGATION BONDSA/C #: 144613-001 Interest Account 0.00% - - - - - - A/C #: 144613-002 Principal Account 0.00% - - - - - -A/C #: 144613-003 Cost of Issuance 0.00% - - - - - -A/C #: 144613-004 Unfunded Liability 0.00% - - - - - - TOTAL WILMINGTGON TRUST BANK, N.A. ‐ ‐ ‐ ‐ ‐ ‐ ③
TOTAL CASH WITH FISCAL AGENT 247,661.71 5,226,213.32 - - - 5,473,875.03
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 02/29/2016 1.500% 02/28/2023
912828P79 520,000.00 AA+ Aaa 07/02/18 07/05/18 491,968.75 2.74 1,982.32 512,509.60 527,637.50
US TREASURY NOTES
DTD 03/31/2016 1.500% 03/31/2023
912828Q29 185,000.00 AA+ Aaa 02/08/19 02/12/19 178,185.35 2.44 472.66 182,808.29 187,832.81
US TREASURY NOTES
DTD 08/01/2016 1.250% 07/31/2023
912828S92 140,000.00 AA+ Aaa 04/02/19 04/04/19 134,071.88 2.28 584.92 137,721.11 141,859.37
US TREASURY NOTES
DTD 11/15/2013 2.750% 11/15/2023
912828WE6 355,000.00 AA+ Aaa 03/06/19 03/08/19 358,591.60 2.52 431.49 356,497.02 370,198.44
US TREASURY NOTES
DTD 11/30/2016 2.125% 11/30/2023
912828U57 460,000.00 AA+ Aaa 01/07/19 01/09/19 451,770.31 2.52 26.85 456,640.85 474,303.15
US TREASURY NOTES
DTD 12/31/2018 2.625% 12/31/2023
9128285U0 70,000.00 AA+ Aaa 01/30/19 01/31/19 70,207.81 2.56 768.95 70,087.99 72,931.25
US TREASURY NOTES
DTD 05/01/2017 2.000% 04/30/2024
912828X70 655,000.00 AA+ Aaa 06/03/19 06/05/19 657,967.97 1.90 1,121.82 656,459.96 675,468.75
US TREASURY NOTES
DTD 07/31/2017 2.125% 07/31/2024
9128282N9 125,000.00 AA+ Aaa 08/01/19 08/05/19 126,933.59 1.80 887.82 126,032.59 129,492.19
US TREASURY NOTES
DTD 08/31/2017 1.875% 08/31/2024
9128282U3 165,000.00 AA+ Aaa 09/03/19 09/05/19 169,299.02 1.33 786.26 167,368.94 169,872.65
US TREASURY NOTES
DTD 10/02/2017 2.125% 09/30/2024
9128282Y5 295,000.00 AA+ Aaa 10/01/19 10/03/19 303,815.43 1.50 1,067.75 299,997.34 305,924.20
US TREASURY NOTES
DTD 10/31/2019 1.500% 10/31/2024
912828YM6 195,000.00 AA+ Aaa 01/11/21 01/12/21 203,630.27 0.33 250.48 201,621.93 198,778.13
US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 425,000.00 AA+ Aaa 01/03/20 01/07/20 434,844.73 1.63 24.81 431,025.70 441,070.31
US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 580,000.00 AA+ Aaa 12/02/19 12/04/19 591,917.19 1.69 33.86 587,158.16 601,931.25
US TREASURY NOTES
DTD 02/17/2015 2.000% 02/15/2025
912828J27 130,000.00 AA+ Aaa 03/02/20 03/04/20 137,205.86 0.85 763.04 134,668.47 134,468.75
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 555,000.00 AA+ Aaa 08/02/21 08/06/21 548,799.61 0.53 352.62 549,287.80 539,217.19
US TREASURY NOTES
DTD 09/30/2020 0.250% 09/30/2025
91282CAM3 460,000.00 AA+ Aaa 09/07/21 09/09/21 452,273.44 0.67 195.88 452,706.17 446,775.00
US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 410,000.00 AA+ Aaa 10/04/21 10/06/21 401,319.53 0.78 87.78 401,646.65 397,443.75
US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
91282CAZ4 210,000.00 AA+ Aaa 11/02/21 11/03/21 204,659.77 1.01 2.16 204,760.26 204,290.63
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 190,000.00 AA+ Aaa 04/05/21 04/07/21 185,494.92 0.89 298.17 186,115.05 184,715.62
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 350,000.00 AA+ Aaa 01/11/21 01/12/21 347,867.19 0.50 549.25 348,246.96 340,265.63
US TREASURY NOTES
DTD 01/31/2019 2.625% 01/31/2026
9128286A3 255,000.00 AA+ Aaa 02/04/21 02/08/21 282,063.87 0.47 2,237.31 277,657.43 271,096.88
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 270,000.00 AA+ Aaa 02/26/21 02/26/21 264,410.16 0.80 338.42 265,273.48 262,153.13
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 475,000.00 AA+ Aaa 07/02/21 07/07/21 465,871.09 0.80 595.36 466,675.13 461,195.31
US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 310,000.00 AA+ Aaa 03/05/21 03/09/21 305,676.95 0.79 393.92 306,312.20 302,346.88
US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 420,000.00 AA+ Aaa 06/02/21 06/04/21 419,081.25 0.79 8.65 419,172.02 413,175.00 Security Type Sub-Total 8,205,000.00 8,187,927.54 1.38 14,262.55 8,198,451.10 8,254,443.77 Supra-National Agency Bond / Note
INTL BK RECON & DEVELOP NOTES
DTD 11/24/2020 0.250% 11/24/2023
459058JM6 150,000.00 AAA Aaa 11/17/20 11/24/20 149,677.50 0.32 7.29 149,787.06 148,719.90
INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
4581X0DZ8 300,000.00 AAA Aaa 09/15/21 09/23/21 299,778.00 0.52 283.33 299,791.98 296,384.40
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Supra-National Agency Bond / Note
Security Type Sub-Total 450,000.00 449,455.50 0.46 290.62 449,579.04 445,104.30 Municipal Bond / Note
CA ST TXBL GO BONDS
DTD 10/24/2019 2.400% 10/01/2023
13063DRJ9 190,000.00 AA- Aa2 10/16/19 10/24/19 193,801.90 1.87 760.00 191,768.76 196,653.80
MS ST TXBL GO BONDS
DTD 08/06/2020 0.565% 11/01/2024
605581MZ7 200,000.00 AA Aa2 07/24/20 08/06/20 200,000.00 0.57 94.17 200,000.00 198,340.00
OR ST DEPT TRANS TXBL REV BONDS
DTD 09/17/2020 0.566% 11/15/2024
68607DVA0 135,000.00 AAA Aa1 09/11/20 09/17/20 135,000.00 0.57 33.96 135,000.00 132,872.40
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 40,000.00 AA Aa3 09/03/20 09/16/20 40,282.80 1.11 209.67 40,211.49 40,002.80
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 110,000.00 AA Aa3 09/03/20 09/16/20 110,000.00 1.26 576.58 110,000.00 110,007.70
LOS ANGELES CCD, CA TXBL GO BONDS
DTD 11/10/2020 0.773% 08/01/2025
54438CYK2 80,000.00 AA+ Aaa 10/30/20 11/10/20 80,000.00 0.77 206.13 80,000.00 79,151.20
NJ TURNPIKE AUTHORITY TXBL REV BONDS
DTD 02/04/2021 1.047% 01/01/2026
646140DP5 40,000.00 A+ A2 01/22/21 02/04/21 40,000.00 1.05 174.50 40,000.00 39,551.60 Security Type Sub-Total 795,000.00 799,084.70 1.05 2,055.01 796,980.25 796,579.50 Federal Agency Commercial Mortgage-Backed Security
FHLMC MULTIFAMILY STRUCTURED P
DTD 05/01/2015 2.791% 01/01/2022
3137BHXY8 44,155.35 AA+ Aaa 05/16/19 05/21/19 44,431.32 2.54 102.70 44,164.30 44,235.55
FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
3137BLUR7 93,443.73 AA+ Aaa 04/02/19 04/05/19 93,677.34 2.63 211.49 93,480.61 93,996.90 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
3137BM6P6 92,597.08 AA+ Aaa 04/04/18 04/09/18 93,385.60 2.88 238.44 92,718.74 93,582.76
FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
3137AWQH1 100,000.00 AA+ Aaa 09/04/19 09/09/19 101,476.56 1.78 192.25 100,339.46 101,030.74
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Commercial Mortgage-Backed Security
FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
3136AJB54 93,147.86 AA+ Aaa 12/13/19 12/18/19 97,674.27 2.14 259.73 95,568.83 97,585.07 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
3137BGK24 110,000.00 AA+ Aaa 03/19/20 03/25/20 115,448.44 1.95 280.68 113,488.02 115,966.17 Security Type Sub-Total 533,344.02 546,093.53 2.28 1,285.29 539,759.96 546,397.19 Federal Agency Bond / Note
FANNIE MAE NOTES
DTD 05/22/2020 0.250% 05/22/2023
3135G04Q3 255,000.00 AA+ Aaa 05/20/20 05/22/20 254,232.45 0.35 15.94 254,623.59 254,456.09
FREDDIE MAC NOTES
DTD 06/11/2018 2.750% 06/19/2023
3137EAEN5 500,000.00 AA+ Aaa 01/07/19 01/09/19 503,510.00 2.58 6,187.50 501,222.66 517,939.00
FREDDIE MAC NOTES
DTD 06/26/2020 0.250% 06/26/2023
3137EAES4 175,000.00 AA+ Aaa 06/24/20 06/26/20 174,489.00 0.35 188.37 174,733.07 174,521.03
FANNIE MAE NOTES
DTD 07/10/2020 0.250% 07/10/2023
3135G05G4 280,000.00 AA+ Aaa 07/08/20 07/10/20 279,398.00 0.32 274.17 279,677.83 279,035.68
FREDDIE MAC NOTES
DTD 08/21/2020 0.250% 08/24/2023
3137EAEV7 185,000.00 AA+ Aaa 08/19/20 08/21/20 184,811.30 0.28 124.62 184,891.56 184,219.49
FANNIE MAE NOTES
DTD 09/14/2018 2.875% 09/12/2023
3135G0U43 330,000.00 AA+ Aaa 12/03/18 12/06/18 329,333.40 2.92 2,081.98 329,751.13 343,783.44
FEDERAL FARM CREDIT BANK (CALLABLE)
DTD 09/21/2020 0.250% 09/21/2023
3133EMAM4 250,000.00 AA+ Aaa 10/07/20 10/09/20 249,575.00 0.31 121.53 249,739.95 248,662.75
FEDERAL HOME LOAN BANKS NOTES
DTD 12/09/2013 3.375% 12/08/2023
3130A0F70 190,000.00 AA+ Aaa 01/30/19 01/31/19 195,600.04 2.72 3,081.56 192,329.14 200,586.42
FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
3130AJHU6 200,000.00 AA+ Aaa 04/15/20 04/16/20 199,008.00 0.60 130.56 199,331.05 196,918.80
FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 260,000.00 AA+ Aaa 04/22/20 04/24/20 259,464.40 0.67 176.04 259,636.47 257,050.30
FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 360,000.00 AA+ Aaa 06/03/20 06/05/20 361,843.20 0.52 243.75 361,280.52 355,915.80
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Bond / Note
FREDDIE MAC NOTES (CALLABLE)
DTD 05/29/2020 0.750% 05/28/2025
3134GVB31 200,000.00 AA+ Aaa 06/05/20 06/09/20 199,400.00 0.81 12.50 199,578.61 198,058.40
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 175,000.00 AA+ Aaa 07/02/20 07/07/20 175,201.25 0.48 398.61 175,144.20 171,745.18
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 225,000.00 AA+ Aaa 10/01/20 10/05/20 226,055.25 0.40 512.50 225,795.74 220,815.22
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 305,000.00 AA+ Aaa 06/17/20 06/19/20 304,368.65 0.54 694.72 304,552.10 299,327.31
FREDDIE MAC NOTES
DTD 07/23/2020 0.375% 07/21/2025
3137EAEU9 185,000.00 AA+ Aaa 07/21/20 07/23/20 184,078.70 0.48 250.52 184,329.23 180,901.51
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 195,000.00 AA+ Aaa 08/25/20 08/27/20 194,087.40 0.47 195.00 194,318.05 190,429.20
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 420,000.00 AA+ Aaa 10/21/20 10/22/20 417,727.80 0.49 420.00 418,248.30 410,155.20
FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 285,000.00 AA+ Aaa 09/23/20 09/25/20 284,142.15 0.44 201.88 284,345.33 277,973.33
FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 185,000.00 AA+ Aaa 11/09/20 11/12/20 184,337.70 0.57 61.67 184,477.36 181,044.15 Security Type Sub-Total 5,160,000.00 5,160,663.69 0.94 15,373.42 5,158,005.89 5,143,538.30 Corporate Note
APPLE INC CORP NOTES
DTD 02/09/2017 2.500% 02/09/2022
037833CM0 240,000.00 AA+ Aa1 01/07/19 01/09/19 236,438.40 3.01 1,866.67 239,778.78 240,551.28
BB&T CORP (CALLABLE) NOTES
DTD 03/21/2017 2.750% 04/01/2022
05531FAX1 185,000.00 A- A3 04/03/18 04/05/18 181,564.55 3.25 847.92 184,714.69 186,155.51
UNITED PARCEL SERVICE CORP NOTES
DTD 09/27/2012 2.450% 10/01/2022
911312AQ9 275,000.00 A- A2 03/01/18 03/05/18 268,545.75 3.00 1,122.92 273,825.80 279,504.23
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
ADOBE INC CORP NOTE
DTD 02/03/2020 1.700% 02/01/2023
00724PAA7 100,000.00 A+ A2 01/22/20 02/03/20 99,863.00 1.75 566.67 99,946.53 101,307.90
PFIZER INC CORP NOTES
DTD 03/11/2019 2.950% 03/15/2024
717081ES8 260,000.00 A+ A2 04/02/19 04/04/19 263,146.00 2.69 1,619.22 261,426.14 271,538.80
MORGAN STANLEY CORP NOTES
(CALLABLE)
DTD 04/22/2021 0.731% 04/05/2024
61772BAA1 25,000.00 BBB+ A1 04/19/21 04/22/21 25,000.00 0.73 28.43 25,000.00 24,923.58
MORGAN STANLEY CORP NOTES
(CALLABLE)
DTD 04/22/2021 0.731% 04/05/2024
61772BAA1 75,000.00 BBB+ A1 04/20/21 04/22/21 75,094.50 0.69 85.28 75,064.94 74,770.72 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
023135BW5 115,000.00 AA A1 05/10/21 05/12/21 114,832.10 0.50 27.31 114,863.20 113,658.18
WALMART INC CORPORATE NOTES
DTD 04/23/2019 2.850% 07/08/2024
931142EL3 360,000.00 AA Aa2 07/10/19 07/12/19 371,235.60 2.19 4,075.50 364,091.62 377,175.60
JPMORGAN CHASE & CO CORPORATE
NOTES (CAL
DTD 09/16/2020 0.653% 09/16/2024
46647PBS4 115,000.00 A- A2 09/09/20 09/16/20 115,000.00 0.65 156.45 115,000.00 114,419.48
BANK OF AMERICA CORP (CALLABLE)
CORPORAT
DTD 10/21/2020 0.810% 10/24/2024
06051GJH3 150,000.00 A- A2 10/16/20 10/21/20 150,000.00 0.81 124.88 150,000.00 148,941.30
MICROSOFT CORP (CALLABLE) NOTES
DTD 02/12/2015 2.700% 02/12/2025
594918BB9 190,000.00 AAA Aaa 03/15/21 03/17/21 202,921.90 0.92 1,553.25 200,416.83 199,580.94
TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 60,000.00 A+ A1 05/20/20 05/26/20 60,586.20 1.58 324.00 60,397.83 61,042.68
TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 90,000.00 A+ A1 05/20/20 05/26/20 90,879.30 1.58 486.00 90,596.74 91,564.02
NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
66989HAP3 295,000.00 AA- A1 05/06/20 05/08/20 305,504.95 0.98 1,534.41 301,995.12 299,386.06
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 50,000.00 BBB+ A3 04/27/21 05/04/21 50,000.00 0.98 40.88 50,000.00 49,691.90
CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 55,000.00 BBB+ A3 04/28/21 05/04/21 55,145.75 0.91 44.96 55,124.66 54,661.09
GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 05/22/2015 3.750% 05/22/2025
38148LAE6 135,000.00 BBB+ A2 02/12/21 02/17/21 150,819.30 0.94 126.56 147,722.34 144,401.40
JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 06/01/2021 0.824% 06/01/2025
46647PCH7 115,000.00 A- A2 05/24/21 06/01/21 115,000.00 0.82 473.80 115,000.00 113,693.37
JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 08/10/2021 0.768% 08/09/2025
46647PCM6 50,000.00 A- A2 08/03/21 08/10/21 50,000.00 0.77 118.40 50,000.00 49,218.85
BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 72,000.00 A+ A2 06/17/21 06/21/21 71,282.88 0.98 27.00 71,355.66 70,360.70 Security Type Sub-Total 3,012,000.00 3,052,860.18 1.75 15,250.51 3,046,320.88 3,066,547.59 Certificate of Deposit
SUMITOMO MITSUI BANK NY CERT DEPOS
DTD 07/14/2020 0.700% 07/08/2022
86565CKU2 155,000.00 A-1 P-1 07/10/20 07/14/20 155,000.00 0.70 440.03 155,000.00 155,371.07
NORDEA BANK ABP NEW YORK CERT DEPOS
DTD 08/29/2019 1.850% 08/26/2022
65558TLL7 280,000.00 A-1+ P-1 08/27/19 08/29/19 280,000.00 1.84 1,395.72 280,000.00 283,109.96
SKANDINAV ENSKILDA BANK LT CD
DTD 09/03/2019 1.860% 08/26/2022
83050PDR7 295,000.00 A-1 P-1 08/29/19 09/03/19 295,000.00 1.85 1,478.44 295,000.00 298,298.40
DNB BANK ASA/NY LT CD
DTD 12/06/2019 2.040% 12/02/2022
23341VZT1 145,000.00 AA- Aa2 12/05/19 12/06/19 145,000.00 2.03 1,495.43 145,000.00 147,317.83
CREDIT SUISSE NEW YORK CERT DEPOS
DTD 03/23/2021 0.590% 03/17/2023
22552G3C2 155,000.00 A+ A1 03/19/21 03/23/21 155,000.00 0.59 642.69 155,000.00 155,248.31
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Security Type Sub-Total 1,030,000.00 1,030,000.00 1.51 5,452.31 1,030,000.00 1,039,345.57 Asset-Backed Security
HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
43814WAC9 27,573.13 AAA NR 02/19/19 02/27/19 27,572.39 2.83 28.18 27,572.89 27,764.58
HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
44932NAD2 21,573.27 AAA NR 04/03/19 04/10/19 21,570.43 2.66 25.50 21,572.23 21,694.96 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
43815MAC0 40,879.68 NR Aaa 05/21/19 05/29/19 40,878.15 2.52 28.62 40,879.10 41,209.07 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
89239AAD5 49,558.52 AAA Aaa 02/05/19 02/13/19 49,549.49 2.91 64.10 49,555.21 50,002.87 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
02004WAC5 16,667.09 NR Aaa 02/05/19 02/13/19 16,665.08 2.91 21.56 16,666.31 16,770.82 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
65479KAD2 39,426.93 NR Aaa 02/05/19 02/13/19 39,420.96 2.90 50.82 39,424.54 39,755.97 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
14042WAC4 37,300.34 AAA Aaa 05/21/19 05/30/19 37,292.78 2.51 41.61 37,297.03 37,577.11 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
65479HAC1 47,197.62 NR Aaa 05/21/19 05/28/19 47,186.95 2.51 52.44 47,192.95 47,610.67 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
43813RAC1 98,507.34 NR Aaa 02/19/20 02/26/20 98,488.03 1.61 44.05 98,496.23 99,293.60 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
89232HAC9 129,884.21 AAA Aaa 02/04/20 02/12/20 129,874.83 1.66 95.83 129,878.80 130,858.65 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
14315XAC2 98,066.97 AAA NR 01/14/20 01/22/20 98,047.73 1.89 82.38 98,055.03 99,031.70 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 55,000.00 NR Aaa 02/17/21 02/24/21 54,998.99 0.27 4.13 54,999.18 54,815.44 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 45,000.00 AAA NR 04/20/21 04/28/21 44,995.27 0.38 7.60 44,995.91 44,745.52 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 30,000.00 AAA NR 01/20/21 01/27/21 29,994.07 0.34 4.53 29,995.09 29,836.72
Item 11.
Managed Account Detail of Securities Held For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 70,000.00 AAA Aaa 09/21/21 09/27/21 69,994.42 0.43 13.38 69,994.65 69,410.01 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 65,000.00 AAA NR 04/13/21 04/21/21 64,985.99 0.52 15.02 64,987.77 64,663.10 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 35,000.00 AAA NR 11/09/21 11/17/21 34,992.19 0.75 10.07 34,992.26 34,880.20 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 55,000.00 AAA Aaa 09/20/21 09/27/21 54,988.22 0.58 14.18 54,988.64 54,187.18 Security Type Sub-Total 961,635.10 961,495.97 1.55 604.00 961,543.82 964,108.17 Managed Account Sub-Total 20,146,979.12 20,187,581.11 1.33 54,573.71 20,180,640.94 20,256,064.39 Money Market Mutual Fund
PFM Funds - Govt Select, Instl Cl 119,441.68 AAAm NR 119,441.68 0.00 119,441.68 119,441.68 Liquid Sub-Total 119,441.68 119,441.68 0.00 119,441.68 119,441.68 $20,266,420.80 $20,307,022.79 1.33% $54,573.71 $20,300,082.62 $20,375,506.07 $20,430,079.78
$54,573.71
Total Investments
Accrued Interest
Securities Sub-Total
Item 11.
Managed Account Security Transactions & Interest For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
11/03/21 US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
11/02/21 91282CAZ4 210,000.00 (204,659.77) (335.66) (204,995.43) 11/17/21 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
11/09/21 44935FAD6 35,000.00 (34,992.19) 0.00 (34,992.19) Transaction Type Sub-Total 245,000.00 (239,651.96) (335.66) (239,987.62)
INTEREST
11/01/21 CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
11/01/21 172967MX6 105,000.00 0.00 506.44 506.44
11/01/21 MS ST TXBL GO BONDS
DTD 08/06/2020 0.565% 11/01/2024
11/01/21 605581MZ7 200,000.00 0.00 565.00 565.00
11/25/21 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
11/01/21 3137BGK24 110,000.00 0.00 280.69 280.69
11/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
11/01/21 3137AWQH1 100,000.00 0.00 192.25 192.25
11/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
11/01/21 3137BLUR7 95,730.10 0.00 216.67 216.67
11/25/21 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
11/01/21 3137BM6P6 92,759.35 0.00 238.86 238.86
11/25/21 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
11/01/21 3136AJB54 93,329.05 0.00 260.22 260.22
11/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 05/01/2015 2.791% 01/01/2022
11/01/21 3137BHXY8 75,372.27 0.00 175.30 175.30
11/07/21 FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
11/07/21 3135G06G3 185,000.00 0.00 462.50 462.50
11/12/21 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
11/12/21 023135BW5 115,000.00 0.00 258.75 258.75
11/13/21 BRISTOL-MYERS SQUIBB CO
CORPORATE NOTES
DTD 11/13/2020 0.750% 11/13/2025
11/13/21 110122DN5 72,000.00 0.00 270.00 270.00
11/15/21 US TREASURY NOTES
DTD 11/15/2013 2.750% 11/15/2023
11/15/21 912828WE6 355,000.00 0.00 4,881.25 4,881.25
11/15/21 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
11/15/21 65479HAC1 52,142.40 0.00 108.63 108.63
Item 11.
Managed Account Security Transactions & Interest For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
INTEREST
11/15/21 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
11/15/21 89239AAD5 55,733.39 0.00 135.15 135.15
11/15/21 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
11/15/21 14314QAC8 65,000.00 0.00 28.17 28.17
11/15/21 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
11/15/21 14042WAC4 42,023.45 0.00 87.90 87.90
11/15/21 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
11/15/21 44933LAC7 45,000.00 0.00 14.25 14.25
11/15/21 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
11/15/21 14316NAC3 30,000.00 0.00 8.50 8.50
11/15/21 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
11/15/21 44932NAD2 25,622.91 0.00 56.80 56.80
11/15/21 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
11/15/21 254683CP8 55,000.00 0.00 26.58 26.58
11/15/21 OR ST DEPT TRANS TXBL REV BONDS
DTD 09/17/2020 0.566% 11/15/2024
11/15/21 68607DVA0 135,000.00 0.00 382.05 382.05
11/15/21 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
11/15/21 89239BAC5 70,000.00 0.00 25.08 25.08
11/15/21 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
11/15/21 14315XAC2 100,000.00 0.00 157.50 157.50
11/15/21 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
11/15/21 65479KAD2 44,684.35 0.00 107.99 107.99
11/15/21 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
11/15/21 02004WAC5 19,370.97 0.00 46.97 46.97
11/15/21 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
11/15/21 89232HAC9 139,823.95 0.00 193.42 193.42
11/18/21 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
11/18/21 43814WAC9 32,121.93 0.00 75.75 75.75
11/21/21 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
11/21/21 43813GAC5 55,000.00 0.00 12.38 12.38
11/21/21 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
11/21/21 43813RAC1 105,000.00 0.00 140.88 140.88
11/21/21 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
11/21/21 43815MAC0 45,993.27 0.00 96.59 96.59
Item 11.
Managed Account Security Transactions & Interest For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
INTEREST
11/22/21 FANNIE MAE NOTES
DTD 05/22/2020 0.250% 05/22/2023
11/22/21 3135G04Q3 255,000.00 0.00 318.75 318.75
11/22/21 GOLDMAN SACHS GROUP INC
CORPORATE NOTES
DTD 05/22/2015 3.750% 05/22/2025
11/22/21 38148LAE6 135,000.00 0.00 2,531.25 2,531.25
11/24/21 INTL BK RECON & DEVELOP NOTES
DTD 11/24/2020 0.250% 11/24/2023
11/24/21 459058JM6 150,000.00 0.00 187.50 187.50
11/28/21 FREDDIE MAC NOTES (CALLABLE)
DTD 05/29/2020 0.750% 05/28/2025
11/28/21 3134GVB31 200,000.00 0.00 750.00 750.00
11/30/21 US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
11/30/21 9128283J7 1,005,000.00 0.00 10,678.13 10,678.13 11/30/21 US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
11/30/21 91282CCF6 420,000.00 0.00 1,575.00 1,575.00
11/30/21 US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
11/30/21 91282CAZ4 210,000.00 0.00 393.75 393.75
11/30/21 US TREASURY NOTES
DTD 11/30/2016 2.125% 11/30/2023
11/30/21 912828U57 460,000.00 0.00 4,887.50 4,887.50
Transaction Type Sub-Total 5,551,707.39 0.00 31,334.40 31,334.40
PAYDOWNS
11/25/21 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
11/01/21 3136AJB54 181.19 181.19 0.00 181.19 (8.80) 0.00 11/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
11/01/21 3137BLUR7 2,286.37 2,286.37 0.00 2,286.37 (5.72) 0.00 11/25/21 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
11/01/21 3137BM6P6 162.27 162.27 0.00 162.27 (1.38) 0.00 11/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 05/01/2015 2.791% 01/01/2022
11/01/21 3137BHXY8 31,216.92 31,216.92 0.00 31,216.92 (195.11) 0.00 11/15/21 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
11/15/21 89232HAC9 9,939.74 9,939.74 0.00 9,939.74 0.72 0.00 11/15/21 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
11/15/21 65479KAD2 5,257.42 5,257.42 0.00 5,257.42 0.80 0.00 11/15/21 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
11/15/21 89239AAD5 6,174.87 6,174.87 0.00 6,174.87 1.12 0.00
Item 11.
Managed Account Security Transactions & Interest For the Month Ending November 30, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
PAYDOWNS
11/15/21 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
11/15/21 02004WAC5 2,703.88 2,703.88 0.00 2,703.88 0.33 0.00 11/15/21 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
11/15/21 65479HAC1 4,944.78 4,944.78 0.00 4,944.78 1.12 0.00 11/15/21 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
11/15/21 14042WAC4 4,723.11 4,723.11 0.00 4,723.11 0.96 0.00 11/15/21 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
11/15/21 14315XAC2 1,933.03 1,933.03 0.00 1,933.03 0.38 0.00 11/15/21 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
11/15/21 44932NAD2 4,049.64 4,049.64 0.00 4,049.64 0.53 0.00 11/18/21 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
11/18/21 43814WAC9 4,548.80 4,548.80 0.00 4,548.80 0.12 0.00 11/21/21 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
11/21/21 43813RAC1 6,492.66 6,492.66 0.00 6,492.66 1.27 0.00 11/21/21 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
11/21/21 43815MAC0 5,113.59 5,113.59 0.00 5,113.59 0.19 0.00 Transaction Type Sub-Total 89,728.27 89,728.27 0.00 89,728.27 (203.47) 0.00 SELL
11/17/21 US TREASURY NOTES
DTD 02/01/2016 1.750% 01/31/2023
11/15/21 912828P38 25,000.00 25,442.38 129.59 25,571.97 1,635.74 774.71 FIFO Transaction Type Sub-Total 25,000.00 25,442.38 129.59 25,571.97 1,635.74 774.71 Managed Account Sub-Total (124,481.31) 31,128.33 (93,352.98) 1,432.27 774.71 Total Security Transactions ($124,481.31) $31,128.33 ($93,352.98) $1,432.27 $774.71
Item 11.
STAFF REPORT
4/13/2022
TO: Honorable Mayor and City Council Members
FROM: Nathan Statham, Finance Director
SUBJECT: Investment Report – December 2021
STAFF RECOMMENDATION:
Staff recommends that the City Council receive and file the investment report for December of 2021
EXECUTIVE SUMMARY:
On June 23, 2021, the City of Coachella along with its component units (Sanitary District, Educational & Governmental Access Cable Corporation, Fire Protection District and Water Authority) approved and adopted the current “Statement of Investment Policy”.
Pursuant to Section 16 of that policy, the City Treasurer shall provide to the City Council a monthly investment report which provides a clear picture of the status of the current investment portfolio.
This report shall include, at a minimum, the following information for each type of investment held in the City’s investment portfolio: the issuer; amount of investment; current market value; yield on investment; income generated from investments; dollar amount invested on all securities, investments and moneys held by the local agency; and shall additionally include a description of any of the local agency’s funds, investments, or programs; and a description of unusual investment activity or developments during the month for which the report is prepared. This information shall be provided for all City and component unit pooled investments, as well as for bond accounts, which are managed by outside Fiscal Agents.
The interest rates presented are the most current rates available as of the date of these reports. The market values presented for pooled City investments are based on closing prices for the related investments as of the date of these reports. This information was obtained from the Wall Street Journal or other reliable sources of market prices.
The Market values presented for investments managed by fiscal agents are based on amounts reported by the fiscal agent on their investment statements. The purchase date and type of investment are not included for funds held by fiscal agents.
Item 12.
Attached is the Treasurer’s Report of Investments which includes an overview on investments which provides information on investment activity, withdrawals and deposits, interest earned, payment of interest and payment of principal as of the months ended December 31, 2021. In addition, this report includes detailed information and current activity on individual investments.
All City investments are in compliance with the guidelines established for Authorized Investments as specified in the Investment Policy, Section 8.
There was no unusual investment activity to report.
The City and Districts have sufficient moneys to meet their expenditure requirements for the next six months.
FISCAL IMPACT:
None, this report is receive and file only.
Item 12.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 11/30/2021 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 12/31/2021 CASH ON HAND Wells Fargo-General Checking N/A (337,987.76) 13,363,293.00 - - - 13,025,305.24 Wells Fargo-Road Maintenance N/A 76,457.51 835,088.91 - - - 911,546.42 Wells Fargo-Gas Tax N/A 87,527.98 513,230.09 - - - 600,758.07 Mechanics Bank - Payroll Acct N/A 10,237.20 172,517.67 - - - 182,754.87 Petty Cash N/A - 3,500.00 - - - 3,500.00 Total Cash on Hand 14,887,629.67 (163,765.07) - - - 14,723,864.60
INVESTMENTS
State of California - LAIF 0.21% (1,489.79) 7,902,626.86 - - - 7,901,137.07 Investment Management Acct 1.28% - 20,375,506.07 (219,591.08) - - 20,155,914.99 Total Investments 28,278,132.93 (1,489.79) (219,591.08) - - 28,057,052.06
CASH WITH FISCAL AGENT
Union Bank of California varies 0.11 5,386,671.19 (160,465.21) - - 5,226,206.09 ① Wells Fargo Bank, N.A. 5.83% 87,203.84 0.31 (87,199.85) - - 4.30 ② Wilmington Trust, N. A. 0.03% - 196,626.13 0.42 - - 196,626.55 ③ Total Cash with Fiscal Agent 5,473,875.03 196,626.55 (247,664.64) - - 5,422,836.94 Grand Total 48,639,637.63 31,371.69 (467,255.72) ‐ ‐ 48,203,753.60 Completed By:Reviewed By: Nathan Statham-Finance Director
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of December 31, 2021
Fiscal Year 2021-2022
DESCRIPTION
E. Stoddard
1/17
Item 12.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 11/30/2021 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 12/31/2021
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of December 31, 2021
Fiscal Year 2021-2022
DESCRIPTION
CASH WITH FISCAL AGENTUNION BANK OF CALIFORNIA
COACHELLA WATER AUTHORITY
CITY OF COACHELLA WATER: WATER REFUNDING BONDS 2012 SERIESA/C #: 6712016201 Bond Fund 0.00% 0.18 - - - - 0.18 A/C #: 6712016202 Interest Account 0.00% 0.06 - - - - 0.06A/C #: 6712016203 Principal Account 0.00% 0.21 - - - - 0.21A/C #: 6712016204 Reserve Fund 0.00% - 777,000.00 - - - 777,000.00 COACHELLA FINANCING AUTHORITY
Successor Agency to the Coachella Redevelopments Agency 2014 SeriesA/C #: 6712104701 Debt Service Fund 0.00% 0.47 - - - - 0.47 A/C #: 6712104702 Interest Account 0.00% - - - - - -
A/C #: 6712104703 Principal Account 0.00% - - - - - -A/C #: 6712104704 Reserve Account 0.00% - 827,612.50 - - - 827,612.50 COACHELLA SANITARY DISTRICT
WASTEWATER SERIES 2015AA/C #: 6712148601 Bond Fund 0.00% 0.06 - - - - 0.06 A/C #: 6712148602 Interest Account 0.00% - - - - - -
A/C #: 6712148603 Principal Account 0.00% - - - - - -A/C #: 6712148604 Reserve Account 0.00% - 310,175.00 - - - 310,175.00 A/C #: 6712148605 Redemption Fund 0.00% - - - - - -
COACHELLA SANITARY DISTRICT: PROJECT FUND 2011
A/C #: 6711963500 Project Fund 2011 0.0100% 0.11 25,269.97 - - - 25,270.08 2/17
Item 12.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 11/30/2021 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 12/31/2021
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of December 31, 2021
Fiscal Year 2021-2022
DESCRIPTION
COACHELLA SUCCESSOR AGENCY
MERGED PROJECT AREAS BONDS 98 & 99: BONDS 2013A/C #: 6712071401 Interest Account 0.00% 0.30 - - - - 0.30 A/C #: 6712071402 Interest Account 0.00% - - - - - -
A/C #: 6712071403 Principal Account 0.00% - - - - - -A/C #: 6712071404 Reserve Account 0.00% - 525,984.89 - - - 525,984.89 SA TO COACHELLA RDA REFUNDING BONDS SERIES 2016A & 2016B A/C #: 6712160601 Debt Service 0.00% 1.22 - - - - 1.22
A/C #: 6712160602 Interest Account 0.00% - - - - - -
A/C #: 6712160603 Principal Account 0.00% - - - - - -A/C #: 6712160604 Reserve Account 0.00% - 2,147,669.03 - - - 2,147,669.03 COACHELLA LEASE BONDS 2016
A/C #: 6712179801 Payment Account 0.0420% (160,465.63) 160,465.63 0.42 - - 0.42 A/C #: 6712179802 Interest Account 0.0420% 160,465.63 - (160,465.63) - - - A/C #: 6712179803 Principal Account 0.0420% - - - - - -A/C #: 6712179804 Reserve Account 0.0420% - 612,331.26 - - - 612,331.26 A/C #: 6712179805 Project Fund 0.0420% - 160.41 - - - 160.41 TOTAL UNION BANK OF CALIFORNIA 5,386,671.19 0.11 (160, ‐ 465.21) ‐ 5,226,206.09 ① WELLS FARGO BANK, N.A.
GAS TAX BONDS SERIES 2019A/C #: 83925300 Debt Service Fund 0.0150% 2.46 - 0.15 - - 2.61 A/C #: 83925301 Interest Account 0.0150% 0.31 87,200.47 (87,200.00) - - 0.78 A/C #: 83925302 Principal Account 0.0150% 0.91 - - - 0.91 A/C #: 83925304 Reserve Fund 0.0150% - - - - - -
TOTAL WELLS FARGO BANK, N.A. 87,203.84 0.31 (87, ‐ 199.85) ‐ 4.30 ② 3/17
Item 12.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 11/30/2021 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 12/31/2021
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of December 31, 2021
Fiscal Year 2021-2022
DESCRIPTION
WILMINGTON TRUST, N. A.
CITY OF COACHELLA TAXABLE PENSION OBLIGATION BONDSA/C #: 144613-001 Interest Account 0.03% 196,626.13 - 0.42 - - 196,626.55 A/C #: 144613-002 Principal Account 0.00% - - - - - -A/C #: 144613-003 Cost of Issuance 0.00% - - - - - A/C #: 144613-004 Unfunded Liability 0.00% - - - - - -
TOTAL WILMINGTGON TRUST BANK, N.A. ‐ 196, 0.42 626.13 ‐ ‐ 196,626.55 ③ TOTAL CASH WITH FISCAL AGENT 196,626.55 5,473,875.03 (247,664.64) - - 5,422,836.94 4/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 03/31/2016 1.500% 03/31/2023
912828Q29 185,000.00 AA+ Aaa 02/08/19 02/12/19 178,185.35 2.44 709.00 182,948.37 187,225.77
US TREASURY NOTES
DTD 08/01/2016 1.250% 07/31/2023
912828S92 140,000.00 AA+ Aaa 04/02/19 04/04/19 134,071.88 2.28 732.34 137,837.49 141,400.00
US TREASURY NOTES
DTD 11/15/2013 2.750% 11/15/2023
912828WE6 355,000.00 AA+ Aaa 03/06/19 03/08/19 358,591.60 2.52 1,267.51 356,432.03 368,367.95
US TREASURY NOTES
DTD 11/30/2016 2.125% 11/30/2023
912828U57 460,000.00 AA+ Aaa 01/07/19 01/09/19 451,770.31 2.52 859.34 456,783.69 472,290.65
US TREASURY NOTES
DTD 12/31/2018 2.625% 12/31/2023
9128285U0 70,000.00 AA+ Aaa 01/30/19 01/31/19 70,207.81 2.56 5.08 70,084.40 72,603.13
US TREASURY NOTES
DTD 05/01/2017 2.000% 04/30/2024
912828X70 655,000.00 AA+ Aaa 06/03/19 06/05/19 657,967.97 1.90 2,243.65 656,408.58 672,705.44
US TREASURY NOTES
DTD 07/31/2017 2.125% 07/31/2024
9128282N9 125,000.00 AA+ Aaa 08/01/19 08/05/19 126,933.59 1.80 1,111.58 125,999.69 128,964.85
US TREASURY NOTES
DTD 08/31/2017 1.875% 08/31/2024
9128282U3 165,000.00 AA+ Aaa 09/03/19 09/05/19 169,299.02 1.33 1,051.19 167,295.80 169,150.77
US TREASURY NOTES
DTD 10/02/2017 2.125% 09/30/2024
9128282Y5 295,000.00 AA+ Aaa 10/01/19 10/03/19 303,815.43 1.50 1,601.63 299,847.52 304,587.50
US TREASURY NOTES
DTD 10/31/2019 1.500% 10/31/2024
912828YM6 195,000.00 AA+ Aaa 01/11/21 01/12/21 203,630.27 0.33 500.97 201,429.18 198,046.88
US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 425,000.00 AA+ Aaa 01/03/20 01/07/20 434,844.73 1.63 793.95 430,855.11 439,078.13
US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 580,000.00 AA+ Aaa 12/02/19 12/04/19 591,917.19 1.69 1,083.52 586,955.51 599,212.50
US TREASURY NOTES
DTD 02/17/2015 2.000% 02/15/2025
912828J27 130,000.00 AA+ Aaa 03/02/20 03/04/20 137,205.86 0.85 982.07 134,544.99 133,879.69
US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 555,000.00 AA+ Aaa 08/02/21 08/06/21 548,799.61 0.53 471.44 549,417.15 537,569.56 5/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 09/30/2020 0.250% 09/30/2025
91282CAM3 460,000.00 AA+ Aaa 09/07/21 09/09/21 452,273.44 0.67 293.82 452,867.79 445,337.50
US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 410,000.00 AA+ Aaa 10/04/21 10/06/21 401,319.53 0.78 175.55 401,827.74 396,226.54
US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
91282CAZ4 210,000.00 AA+ Aaa 11/02/21 11/03/21 204,659.77 1.01 69.23 204,871.51 203,634.38
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 190,000.00 AA+ Aaa 04/05/21 04/07/21 185,494.92 0.89 1.97 186,195.83 184,121.87
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 350,000.00 AA+ Aaa 01/11/21 01/12/21 347,867.19 0.50 3.62 348,283.41 339,171.88
US TREASURY NOTES
DTD 01/31/2019 2.625% 01/31/2026
9128286A3 255,000.00 AA+ Aaa 02/04/21 02/08/21 282,063.87 0.47 2,801.19 277,195.95 269,622.67
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 270,000.00 AA+ Aaa 02/26/21 02/26/21 264,410.16 0.80 423.71 265,369.75 261,225.00
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 475,000.00 AA+ Aaa 07/02/21 07/07/21 465,871.09 0.80 745.41 466,844.69 459,562.50
US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 310,000.00 AA+ Aaa 03/05/21 03/09/21 305,676.95 0.79 526.66 306,385.96 301,135.92
US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 630,000.00 AA+ Aaa 12/03/21 12/07/21 613,019.53 1.15 1,070.30 613,294.47 611,985.91
US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 420,000.00 AA+ Aaa 06/02/21 06/04/21 419,081.25 0.79 276.92 419,187.65 411,403.10 Security Type Sub-Total 8,315,000.00 8,308,978.32 1.28 19,801.65 8,299,164.26 8,308,510.09 Supra-National Agency Bond / Note
INTL BK RECON & DEVELOP NOTES
DTD 11/24/2020 0.250% 11/24/2023
459058JM6 150,000.00 AAA Aaa 11/17/20 11/24/20 149,677.50 0.32 38.54 149,796.19 148,612.20
INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
4581X0DZ8 300,000.00 AAA Aaa 09/15/21 09/23/21 299,778.00 0.52 408.33 299,798.26 296,163.60 6/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Supra-National Agency Bond / Note
Security Type Sub-Total 450,000.00 449,455.50 0.46 446.87 449,594.45 444,775.80 Municipal Bond / Note
CA ST TXBL GO BONDS
DTD 10/24/2019 2.400% 10/01/2023
13063DRJ9 190,000.00 AA- Aa2 10/16/19 10/24/19 193,801.90 1.87 1,140.00 191,686.80 195,825.40
MS ST TXBL GO BONDS
DTD 08/06/2020 0.565% 11/01/2024
605581MZ7 200,000.00 AA Aa2 07/24/20 08/06/20 200,000.00 0.57 188.33 200,000.00 197,714.00
OR ST DEPT TRANS TXBL REV BONDS
DTD 09/17/2020 0.566% 11/15/2024
68607DVA0 135,000.00 AAA Aa1 09/11/20 09/17/20 135,000.00 0.57 97.64 135,000.00 132,484.95
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 40,000.00 AA Aa3 09/03/20 09/16/20 40,282.80 1.11 251.60 40,206.48 39,836.80
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 110,000.00 AA Aa3 09/03/20 09/16/20 110,000.00 1.26 691.90 110,000.00 109,551.20
LOS ANGELES CCD, CA TXBL GO BONDS
DTD 11/10/2020 0.773% 08/01/2025
54438CYK2 80,000.00 AA+ Aaa 10/30/20 11/10/20 80,000.00 0.77 257.67 80,000.00 78,608.80
NJ TURNPIKE AUTHORITY TXBL REV BONDS
DTD 02/04/2021 1.047% 01/01/2026
646140DP5 40,000.00 A+ A2 01/22/21 02/04/21 40,000.00 1.05 209.40 40,000.00 39,413.60 Security Type Sub-Total 795,000.00 799,084.70 1.05 2,836.54 796,893.28 793,434.75 Federal Agency Commercial Mortgage-Backed Security
FHLMC MULTIFAMILY STRUCTURED P
DTD 05/01/2015 2.791% 01/01/2022
3137BHXY8 3,673.02 AA+ Aaa 05/16/19 05/21/19 3,695.98 2.54 8.54 3,673.02 3,673.02
FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
3137BLUR7 78,845.28 AA+ Aaa 04/02/19 04/05/19 79,042.39 2.63 178.45 78,871.09 79,161.57 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
3137BM6P6 85,510.67 AA+ Aaa 04/04/18 04/09/18 86,238.84 2.88 220.19 85,608.68 86,252.24
FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
3137AWQH1 100,000.00 AA+ Aaa 09/04/19 09/09/19 101,476.56 1.78 192.25 100,296.15 100,775.06 7/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Commercial Mortgage-Backed Security
FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
3136AJB54 92,607.06 AA+ Aaa 12/13/19 12/18/19 97,107.19 2.14 258.22 94,923.09 96,488.20 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
3137BGK24 110,000.00 AA+ Aaa 03/19/20 03/25/20 115,448.44 1.95 280.68 113,389.36 115,529.82 Security Type Sub-Total 470,636.03 483,009.40 2.24 1,138.33 476,761.39 481,879.91 Federal Agency Bond / Note
FANNIE MAE NOTES
DTD 05/22/2020 0.250% 05/22/2023
3135G04Q3 255,000.00 AA+ Aaa 05/20/20 05/22/20 254,232.45 0.35 69.06 254,645.31 253,930.53
FREDDIE MAC NOTES
DTD 06/11/2018 2.750% 06/19/2023
3137EAEN5 500,000.00 AA+ Aaa 01/07/19 01/09/19 503,510.00 2.58 458.33 501,155.57 515,806.00
FREDDIE MAC NOTES
DTD 06/26/2020 0.250% 06/26/2023
3137EAES4 175,000.00 AA+ Aaa 06/24/20 06/26/20 174,489.00 0.35 6.08 174,747.53 174,139.18
FANNIE MAE NOTES
DTD 07/10/2020 0.250% 07/10/2023
3135G05G4 280,000.00 AA+ Aaa 07/08/20 07/10/20 279,398.00 0.32 332.50 279,694.88 278,460.28
FREDDIE MAC NOTES
DTD 08/21/2020 0.250% 08/24/2023
3137EAEV7 185,000.00 AA+ Aaa 08/19/20 08/21/20 184,811.30 0.28 163.16 184,896.89 183,811.01
FANNIE MAE NOTES
DTD 09/14/2018 2.875% 09/12/2023
3135G0U43 330,000.00 AA+ Aaa 12/03/18 12/06/18 329,333.40 2.92 2,872.60 329,763.00 342,137.40
FEDERAL FARM CREDIT BANK (CALLABLE)
DTD 09/21/2020 0.250% 09/21/2023
3133EMAM4 250,000.00 AA+ Aaa 10/07/20 10/09/20 249,575.00 0.31 173.61 249,752.18 248,078.50
FEDERAL HOME LOAN BANKS NOTES
DTD 12/09/2013 3.375% 12/08/2023
3130A0F70 190,000.00 AA+ Aaa 01/30/19 01/31/19 195,600.04 2.72 409.69 192,231.17 199,525.27
FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
3130AJHU6 200,000.00 AA+ Aaa 04/15/20 04/16/20 199,008.00 0.60 213.89 199,347.91 196,349.40
FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 260,000.00 AA+ Aaa 04/22/20 04/24/20 259,464.40 0.67 311.46 259,645.58 256,274.46
FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 360,000.00 AA+ Aaa 06/03/20 06/05/20 361,843.20 0.52 431.25 361,248.45 354,841.56 8/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Bond / Note
FREDDIE MAC NOTES (CALLABLE)
DTD 05/29/2020 0.750% 05/28/2025
3134GVB31 200,000.00 AA+ Aaa 06/05/20 06/09/20 199,400.00 0.81 137.50 199,588.86 197,540.00
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 175,000.00 AA+ Aaa 07/02/20 07/07/20 175,201.25 0.48 34.03 175,140.74 171,463.08
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 225,000.00 AA+ Aaa 10/01/20 10/05/20 226,055.25 0.40 43.75 225,776.68 220,452.52
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 305,000.00 AA+ Aaa 06/17/20 06/19/20 304,368.65 0.54 59.30 304,562.83 298,835.65
FREDDIE MAC NOTES
DTD 07/23/2020 0.375% 07/21/2025
3137EAEU9 185,000.00 AA+ Aaa 07/21/20 07/23/20 184,078.70 0.48 308.33 184,344.89 180,135.98
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 195,000.00 AA+ Aaa 08/25/20 08/27/20 194,087.40 0.47 255.94 194,333.56 189,671.04
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 420,000.00 AA+ Aaa 10/21/20 10/22/20 417,727.80 0.49 551.25 418,288.14 408,522.24
FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 285,000.00 AA+ Aaa 09/23/20 09/25/20 284,142.15 0.44 290.94 284,359.90 276,947.04
FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 185,000.00 AA+ Aaa 11/09/20 11/12/20 184,337.70 0.57 138.75 184,488.64 180,130.25 Security Type Sub-Total 5,160,000.00 5,160,663.69 0.94 7,261.42 5,158,012.71 5,127,051.39 Corporate Note
APPLE INC CORP NOTES (CALLED, OMD
1/9/22
DTD 02/09/2017 2.500% 01/09/2022
037833CM0 240,000.00 AA+ Aaa 01/07/19 01/09/19 236,438.40 3.02 2,366.67 239,974.00 240,071.04
BB&T CORP (CALLABLE) NOTES
DTD 03/21/2017 2.750% 04/01/2022
05531FAX1 185,000.00 A- A3 04/03/18 04/05/18 181,564.55 3.25 1,271.88 184,787.79 185,691.35
UNITED PARCEL SERVICE CORP NOTES
DTD 09/27/2012 2.450% 10/01/2022
911312AQ9 275,000.00 A- A2 03/01/18 03/05/18 268,545.75 3.00 1,684.38 273,945.54 278,946.80 9/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
ADOBE INC CORP NOTE
DTD 02/03/2020 1.700% 02/01/2023
00724PAA7 100,000.00 A+ A2 01/22/20 02/03/20 99,863.00 1.75 708.33 99,950.41 101,101.70
PFIZER INC CORP NOTES
DTD 03/11/2019 2.950% 03/15/2024
717081ES8 260,000.00 A+ A2 04/02/19 04/04/19 263,146.00 2.69 2,258.39 261,371.29 270,832.12
MORGAN STANLEY CORP NOTES
(CALLABLE)
DTD 04/22/2021 0.731% 04/05/2024
61772BAA1 25,000.00 BBB+ A1 04/19/21 04/22/21 25,000.00 0.73 43.66 25,000.00 24,913.20
MORGAN STANLEY CORP NOTES
(CALLABLE)
DTD 04/22/2021 0.731% 04/05/2024
61772BAA1 75,000.00 BBB+ A1 04/20/21 04/22/21 75,094.50 0.69 130.97 75,060.84 74,739.60 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
023135BW5 115,000.00 AA A1 05/10/21 05/12/21 114,832.10 0.50 70.44 114,867.95 113,802.74
WALMART INC CORPORATE NOTES
DTD 04/23/2019 2.850% 07/08/2024
931142EL3 360,000.00 AA Aa2 07/10/19 07/12/19 371,235.60 2.19 4,930.50 363,837.94 376,117.92
JPMORGAN CHASE & CO CORPORATE
NOTES (CAL
DTD 09/16/2020 0.653% 09/16/2024
46647PBS4 115,000.00 A- A2 09/09/20 09/16/20 115,000.00 0.65 219.03 115,000.00 114,408.90
BANK OF AMERICA CORP (CALLABLE)
CORPORAT
DTD 10/21/2020 0.810% 10/24/2024
06051GJH3 150,000.00 A- A2 10/16/20 10/21/20 150,000.00 0.81 226.13 150,000.00 149,012.25
MICROSOFT CORP (CALLABLE) NOTES
DTD 02/12/2015 2.700% 02/12/2025
594918BB9 190,000.00 AAA Aaa 03/15/21 03/17/21 202,921.90 0.92 1,980.75 200,117.00 198,490.53
TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 60,000.00 A+ A1 05/20/20 05/26/20 60,586.20 1.58 414.00 60,387.29 60,897.48
TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 90,000.00 A+ A1 05/20/20 05/26/20 90,879.30 1.58 621.00 90,580.93 91,346.22
NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
66989HAP3 295,000.00 AA- A1 05/06/20 05/08/20 305,504.95 0.98 1,964.62 301,804.90 298,756.53 10/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 50,000.00 BBB+ A3 04/27/21 05/04/21 50,000.00 0.98 81.75 50,000.00 49,548.20
CITIGROUP INC CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 55,000.00 BBB+ A3 04/28/21 05/04/21 55,145.75 0.91 89.93 55,121.56 54,503.02
GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 05/22/2015 3.750% 05/22/2025
38148LAE6 135,000.00 BBB+ A2 02/12/21 02/17/21 150,819.30 0.94 548.44 147,387.83 143,691.57
JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 06/01/2021 0.824% 06/01/2025
46647PCH7 115,000.00 A- A2 05/24/21 06/01/21 115,000.00 0.82 78.97 115,000.00 113,627.02
JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 08/10/2021 0.768% 08/09/2025
46647PCM6 50,000.00 A- A2 08/03/21 08/10/21 50,000.00 0.77 150.40 50,000.00 49,221.20
BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 72,000.00 A+ A2 06/17/21 06/21/21 71,282.88 0.98 72.00 71,369.51 70,094.74 Security Type Sub-Total 3,012,000.00 3,052,860.18 1.75 19,912.24 3,045,564.78 3,059,814.13 Certificate of Deposit
SUMITOMO MITSUI BANK NY CERT DEPOS
DTD 07/14/2020 0.700% 07/08/2022
86565CKU2 155,000.00 A-1 P-1 07/10/20 07/14/20 155,000.00 0.70 533.46 155,000.00 155,290.16
NORDEA BANK ABP NEW YORK CERT DEPOS
DTD 08/29/2019 1.850% 08/26/2022
65558TLL7 280,000.00 A-1+ P-1 08/27/19 08/29/19 280,000.00 1.84 1,841.78 280,000.00 282,686.60
SKANDINAV ENSKILDA BANK LT CD
DTD 09/03/2019 1.860% 08/26/2022
83050PDR7 295,000.00 A-1 P-1 08/29/19 09/03/19 295,000.00 1.85 1,950.93 295,000.00 297,849.41
DNB BANK ASA/NY LT CD
DTD 12/06/2019 2.040% 12/02/2022
23341VZT1 145,000.00 A-1+ P-1 12/05/19 12/06/19 145,000.00 2.03 246.50 145,000.00 147,061.76
CREDIT SUISSE NEW YORK CERT DEPOS
DTD 03/23/2021 0.590% 03/17/2023
22552G3C2 155,000.00 A+ A1 03/19/21 03/23/21 155,000.00 0.59 721.44 155,000.00 154,965.59 11/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Security Type Sub-Total 1,030,000.00 1,030,000.00 1.51 5,294.11 1,030,000.00 1,037,853.52 Asset-Backed Security
HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
43814WAC9 23,217.73 AAA NR 02/19/19 02/27/19 23,217.11 2.83 23.73 23,217.54 23,355.41
HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
44932NAD2 17,892.56 AAA NR 04/03/19 04/10/19 17,890.20 2.66 21.15 17,891.74 17,970.72 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
43815MAC0 35,919.27 NR Aaa 05/21/19 05/29/19 35,917.93 2.52 25.14 35,918.79 36,176.05 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
89239AAD5 43,335.66 AAA Aaa 02/05/19 02/13/19 43,327.76 2.91 56.05 43,332.92 43,693.45 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
02004WAC5 14,136.02 NR Aaa 02/05/19 02/13/19 14,134.32 2.91 18.28 14,135.39 14,207.24 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
65479KAD2 34,219.09 NR Aaa 02/05/19 02/13/19 34,213.91 2.90 44.10 34,217.11 34,435.57 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
14042WAC4 32,714.53 AAA Aaa 05/21/19 05/30/19 32,707.90 2.51 36.49 32,711.75 32,922.37 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
65479HAC1 42,223.05 NR Aaa 05/21/19 05/28/19 42,213.50 2.51 46.91 42,219.05 42,515.90 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
43813RAC1 91,520.23 NR Aaa 02/19/20 02/26/20 91,502.29 1.61 40.93 91,510.27 92,085.22 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
89232HAC9 119,953.56 AAA Aaa 02/04/20 02/12/20 119,944.90 1.66 88.50 119,948.74 120,795.60 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
14315XAC2 92,012.21 AAA NR 01/14/20 01/22/20 91,994.16 1.89 77.29 92,001.32 92,863.98 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 55,000.00 NR Aaa 02/17/21 02/24/21 54,998.99 0.27 4.13 54,999.20 54,630.49 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 45,000.00 AAA NR 04/20/21 04/28/21 44,995.27 0.38 7.60 44,996.00 44,558.75 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 30,000.00 AAA NR 01/20/21 01/27/21 29,994.07 0.34 4.53 29,995.20 29,743.96 12/17
Item 12.
Managed Account Detail of Securities Held For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 70,000.00 AAA Aaa 09/21/21 09/27/21 69,994.42 0.43 13.38 69,994.76 69,270.91 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 65,000.00 AAA NR 04/13/21 04/21/21 64,985.99 0.52 15.02 64,988.02 64,447.14 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 35,000.00 AAA NR 11/09/21 11/17/21 34,992.19 0.75 11.51 34,992.40 34,767.95 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 55,000.00 AAA Aaa 09/20/21 09/27/21 54,988.22 0.58 14.18 54,988.84 54,154.69 Security Type Sub-Total 902,143.91 902,013.13 1.50 548.92 902,059.04 902,595.40 Managed Account Sub-Total 20,134,779.94 20,186,064.92 1.28 57,240.08 20,158,049.91 20,155,914.99 Money Market Mutual Fund
PFM Funds - Govt Select, Instl Cl 0.00 AAAm NR 0.00 0.00 0.00 0.00 Liquid Sub-Total 0.00 0.00 0.00 0.00 0.00
$20,134,779.94 $20,186,064.92 1.28% $57,240.08 $20,158,049.91 $20,155,914.99 $20,213,155.07
$57,240.08
Total Investments
Accrued Interest
Securities Sub-Total
13/17
Item 12.
Managed Account Security Transactions & Interest For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
12/07/21 US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
12/03/21 91282CBQ3 630,000.00 (613,019.53) (852.76) (613,872.29) Transaction Type Sub-Total 630,000.00 (613,019.53) (852.76) (613,872.29)
INTEREST
12/01/21 JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 06/01/2021 0.824% 06/01/2025
12/01/21 46647PCH7 115,000.00 0.00 473.80 473.80
12/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
12/01/21 3137BLUR7 93,443.73 0.00 211.49 211.49
12/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 05/01/2015 2.791% 01/01/2022
12/01/21 3137BHXY8 44,155.35 0.00 102.70 102.70
12/25/21 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
12/01/21 3137BM6P6 92,597.08 0.00 238.44 238.44
12/25/21 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
12/01/21 3137BGK24 110,000.00 0.00 280.68 280.68
12/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
12/01/21 3137AWQH1 100,000.00 0.00 192.25 192.25
12/25/21 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
12/01/21 3136AJB54 93,147.86 0.00 265.53 265.53
12/02/21 DNB BANK ASA/NY LT CD
DTD 12/06/2019 2.040% 12/02/2022
12/02/21 23341VZT1 145,000.00 0.00 1,503.65 1,503.65
12/08/21 FEDERAL HOME LOAN BANKS NOTES
DTD 12/09/2013 3.375% 12/08/2023
12/08/21 3130A0F70 190,000.00 0.00 3,206.25 3,206.25
12/15/21 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
12/15/21 14315XAC2 98,066.97 0.00 154.46 154.46
12/15/21 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
12/15/21 14314QAC8 65,000.00 0.00 28.17 28.17
12/15/21 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
12/15/21 65479HAC1 47,197.62 0.00 98.33 98.33
12/15/21 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
12/15/21 89239BAC5 70,000.00 0.00 25.08 25.08
12/15/21 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
12/15/21 14042WAC4 37,300.34 0.00 78.02 78.02
14/17
Item 12.
Managed Account Security Transactions & Interest For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
INTEREST
12/15/21 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
12/15/21 254683CP8 55,000.00 0.00 26.58 26.58
12/15/21 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
12/15/21 44933LAC7 45,000.00 0.00 14.25 14.25
12/15/21 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
12/15/21 44932NAD2 21,573.27 0.00 47.82 47.82
12/15/21 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
12/15/21 65479KAD2 39,426.93 0.00 95.28 95.28
12/15/21 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
12/15/21 89232HAC9 129,884.21 0.00 179.67 179.67
12/15/21 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
12/15/21 44935FAD6 35,000.00 0.00 20.14 20.14
12/15/21 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
12/15/21 02004WAC5 16,667.09 0.00 40.42 40.42
12/15/21 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
12/15/21 14316NAC3 30,000.00 0.00 8.50 8.50
12/15/21 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
12/15/21 89239AAD5 49,558.52 0.00 120.18 120.18
12/17/21 FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
12/17/21 3135G04Z3 705,000.00 0.00 1,762.50 1,762.50
12/18/21 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
12/18/21 43814WAC9 27,573.13 0.00 65.03 65.03
12/19/21 FREDDIE MAC NOTES
DTD 06/11/2018 2.750% 06/19/2023
12/19/21 3137EAEN5 500,000.00 0.00 6,875.00 6,875.00
12/21/21 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
12/21/21 43813RAC1 98,507.34 0.00 132.16 132.16
12/21/21 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
12/21/21 43815MAC0 40,879.68 0.00 85.85 85.85
12/21/21 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
12/21/21 43813GAC5 55,000.00 0.00 12.38 12.38
12/26/21 FREDDIE MAC NOTES
DTD 06/26/2020 0.250% 06/26/2023
12/26/21 3137EAES4 175,000.00 0.00 218.75 218.75
12/29/21 12/29/21 MONEY MARKET FUND MONEY0002 0.00 0.00 0.61 0.61 15/17
Item 12.
Managed Account Security Transactions & Interest For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
INTEREST
12/31/21 US TREASURY NOTES
DTD 12/31/2018 2.625% 12/31/2023
12/31/21 9128285U0 70,000.00 0.00 918.75 918.75
12/31/21 US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
12/31/21 91282CBC4 540,000.00 0.00 1,012.50 1,012.50
Transaction Type Sub-Total 3,934,979.12 0.00 18,495.22 18,495.22
PAYDOWNS
12/01/21 FHLMC SERIES K721 A2
DTD 12/01/2015 3.090% 08/01/2022
12/01/21 3137BM6P6 7,086.41 7,086.41 0.00 7,086.41 (60.35) 0.00 12/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 05/01/2015 2.791% 01/01/2022
12/01/21 3137BHXY8 40,482.33 40,482.33 0.00 40,482.33 (253.01) 0.00 12/25/21 FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
12/01/21 3137BLUR7 14,598.45 14,598.45 0.00 14,598.45 (36.50) 0.00 12/25/21 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
12/01/21 3136AJB54 540.80 540.80 0.00 540.80 (26.28) 0.00 12/15/21 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
12/15/21 65479KAD2 5,207.84 5,207.84 0.00 5,207.84 0.79 0.00 12/15/21 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
12/15/21 14042WAC4 4,585.81 4,585.81 0.00 4,585.81 0.93 0.00 12/15/21 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
12/15/21 44932NAD2 3,680.71 3,680.71 0.00 3,680.71 0.48 0.00 12/15/21 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
12/15/21 89239AAD5 6,222.86 6,222.86 0.00 6,222.86 1.13 0.00 12/15/21 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
12/15/21 02004WAC5 2,531.07 2,531.07 0.00 2,531.07 0.31 0.00 12/15/21 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
12/15/21 14315XAC2 6,054.76 6,054.76 0.00 6,054.76 1.19 0.00 12/15/21 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
12/15/21 89232HAC9 9,930.65 9,930.65 0.00 9,930.65 0.72 0.00 12/15/21 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
12/15/21 65479HAC1 4,974.57 4,974.57 0.00 4,974.57 1.12 0.00 12/18/21 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
12/18/21 43814WAC9 4,355.40 4,355.40 0.00 4,355.40 0.12 0.00 16/17
Item 12.
Managed Account Security Transactions & Interest For the Month Ending December 31, 2021 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
PAYDOWNS
12/21/21 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
12/21/21 43813RAC1 6,987.11 6,987.11 0.00 6,987.11 1.37 0.00 12/21/21 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
12/21/21 43815MAC0 4,960.41 4,960.41 0.00 4,960.41 0.19 0.00 Transaction Type Sub-Total 122,199.18 122,199.18 0.00 122,199.18 (367.79) 0.00 SELL
12/07/21 US TREASURY NOTES
DTD 02/29/2016 1.500% 02/28/2023
12/03/21 912828P79 520,000.00 527,210.94 2,111.60 529,322.54 35,242.19 14,602.35 FIFO Transaction Type Sub-Total 520,000.00 527,210.94 2,111.60 529,322.54 35,242.19 14,602.35 Managed Account Sub-Total 36,390.59 19,754.06 56,144.65 34,874.40 14,602.35 Total Security Transactions $36,390.59 $19,754.06 $56,144.65 $34,874.40 $14,602.35 17/17
Item 12.
STAFF REPORT
4/13/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Resolution No. 2022-38 Stating the Intention to Annex Property into City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) and Authorize the Levy of a Special Tax Within Annexation Area No. 33 (Mariposa Pointe – Tract No. 32074, 32074-1 and 32074-2).
STAFF RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution No. 2022-38 stating the intention to annex property located at the southeast corner of Avenue 50 and Calhoun Street into Community Facilities District No. 2005-01 (CFD 2005-01, Police, Fire and Paramedic Services) and setting a public hearing date for the same.
BACKGROUND:
On September 14, 2005, the City Council adopted Resolution No. 2005-93 establishing the City of Coachella Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) pursuant to the Mellow-Roos Community Facilities Act of 1982, as amended. The District and numerous annexations of subdivisions and new multifamily residential developments over the past 17 years have been established.
DISCUSSION/ANALYSIS:
The City recently sold the 37.3 acre property with 155 entitled lots to DR Horton of which 24 lots were provided to Coachella Valley Housing Construction for future development of single family residences. DR Horton received building permits in early April to begin home construction at the site and is required through conditions of the Architectural Review approval to annex the property in the citywide CFD No. 2005-01 prior to issuance of certificate of occupancy and the City will be able to levy the special tax on an annual basis for each of the proposed 155 residences.
Attached to this staff report is the Resolution of Intention setting a future public hearing date for the District Annexation No. 33 final actions which will include a special election, canvassing of the results, and an ordinance authorizing the levy of the special tax within Annexation No. 33.
Item 13.
The other attachment to this report is a copy of the CFD Annexation Map for the subject property (37.3 acres located at the southeast corner of Avenue 50 and Calhoun Street) and the “Rate and Method” for the District.
ALTERNATIVES:
1. Adopt Resolution No. 2022-38 stating the intention to annex property into Community Facilities District No. 2005-01 (CFD 2005-01, Police, Fire and Paramedic Services) and setting a public hearing date for the same
2. Take no action.
3. Continue this item and provide staff with direction.
FISCAL IMPACT:
The City expects to collect an annual assessment of $1,249.40 per dwelling unit within the District starting in the 2022/2023 fiscal year. This Annexation will result in a new annual assessment of $193,657 for the project.
RECOMMENDED ALTERNATIVE(S):
Staff recommends Alternative #1 as stated above.
Attachments:
1. Resolution No. 2022-38
Exhibit A - Rate and Method (CFD 2005-01)
2. CFD Annexation No. 33 Map
Item 13.
RESOLUTION NO. 2022-38
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF COACHELLA TO ANNEX PROPERTY INTO CITY OF COACHELLA
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO
AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION
AREA NO. 33 (MARIPOSA POINTE – TRACT NO. 32074, 32074-1 AND 32074-2).
WHEREAS, the City Council (the “Council”) of the City of Coachella (the “City”) has established City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53321 of the Government Code of the State of California (the “Act”); and,
WHEREAS, the CFD will finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory included in the CFD subject to the levy of a special tax to pay for such services, approved at an election held within the boundaries of the CFD; and,
WHEREAS, the Council has provided for the annexation in the future of territory (the “Future Annexation Area”) to the CFD pursuant to the terms and provisions of the Act; and, WHEREAS, the Mariposa Pointe project was conditioned to annex into the City’s Community Facilities District No. 2005-01 as part of Architectural Review No. 21-09; and, WHEREAS, the Council has determined pursuant to Section 53339.2 of the Act that public convenience and necessity require that territory be added to the CFD upon its formation;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:
Section 1. The Council hereby determines to institute proceedings for the annexation of certain territory into the proposed CFD under the terms of the Act. The exterior boundaries of the area to be annexed (“Annexation Area No. 33”) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Annexation Map No. 33 – Tract No. 32074, 32074-1 and 32074-2 Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services)” which map indicates by a boundary line the extent of the territory included in Annexation Area No. 33 and shall govern for all details as to the extent of Annexation Area No. 33. On the original and one copy of the map of such Annexation Area No. 33 on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map.
Item 13.
Resolution 2022-38
Section 2. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 33 prior to the annexation of Annexation Area No. 33 into the CFD and do not supplant services already available within the territory proposed to be annexed into the CFD, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all real property in the proposed Annexation Area No. 33. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 33 will not result in any change to the special tax rates levied in the CFD prior to such annexation.
The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act.
The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such amount shall not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation Area No. 33. As specified by the Act, for purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued.
Section 3. A public hearing (the “Hearing”) on the annexation of Annexation Area No. 33 and the proposed rate and method of apportionment of the Special Tax shall be held on May 25, 2022, at 6:00 o’clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Coachella, 1515 Sixth Street, Coachella, California 92236.
Section 4. At the time and place set forth above for the hearing, any interested person for or against the annexation of Annexation Area No. 33 to the CFD or the levying of special taxes within the proposed Annexation Area No. 33 will be heard.
Section 7. Each City officer who is or will be responsible Annexation Area No. 33, if they are annexed, is hereby directed to study the proposed Annexation Area No. 33 and, at or before the time of the above-mentioned Hearing, file a report with the City Council, and which is to be made a part of the record of the Hearing, containing a brief description of Annexation Area No. 33, and his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of Annexation Area No. 33. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation Area No. 33, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to Annexation Area No. 33.
Item 13.
Resolution 2022-38
Section 5. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation Area No.
33. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No. 33.
Section 6. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No. 33. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 33 as provided in Section 53339.5 of the Act and a description of the proposed voting procedure for the election required by the Act.
Such publication shall be completed at least 7 days prior to the date of the Hearing.
Section 7. The voting procedure with respect to the annexation of the Annexation Area No. 33 and the imposition of the special tax shall be by hand delivered or mailed ballot election.
PASSED, APPROVED and ADOPTED this 13th day of April 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 13.
Resolution 2022-38
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-38 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of April 2022, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk
Item 13.
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
Item 13.
1 RATE AND METHOD OF APPORTIONMENT FOR
CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2005-1 of the City of Coachella (the “CFD”) and collected each Fiscal Year commencing in Fiscal Year 2006-07, in an amount determined by the City Council of the City of Coachella, through the application of the Rate Method of Apportionment as described below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.
“CFD Administration” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CDF” means City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Coachella.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building has been issued. “County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi-family dwelling with four or more units was issued prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.
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2 “Developed Property” means for each Fiscal Year, all Developed Multi-Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit new construction of a single-family dwelling unit was issued prior to June 30 of the prior Fiscal Year.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel Taxable Property.
“State” means the State of California.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of the CFD which are not exempt from the Special Tax pursuant to law or Section E below. “Transient Occupancy Taxes” means those transient occupancy taxes payable to the City pursuant to Ordinance.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.
B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within the CFD classified as Developed Single-Family Residential Property or Developed Multi-Family Residential Property shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX
1. Developed Single-Family Residential Property
a. Maximum Special Tax
The 2005-06 thru 2014-15 Maximum Special Tax for each Assessor’s Parcel classified as Developed Single-Family Residential Property shall be $663.00 for Police Services and $405.00 for Fire/Paramedic Services.
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2015, the Maximum Special Tax shall be increased by an amount equal to the percentage increase in the U.S. Department of Labor Statistics, Consumer Price Index, for Los Angeles-Riverside-Orange County, California, for the 12
Item 13.
3 month period ending the preceding December 31, of the amount in effect for the previous Fiscal Year.
2. Developed Multi-Family Residential Property
a. Maximum Special Tax
The 2005-06 thru 2014-15 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi-Family Residential Property shall be $663.00 for Police Services and $405.00 for Fire/Paramedic Services multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2015, the Maximum Special Tax shall be increased by an amount equal to the percentage increase in the U.S. Department of Labor Statistics, Consumer Price Index, for Los Angeles-Riverside-Orange County, California, for the 12 month period ending the preceding December 31, of the amount in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.
E. EXEMPTIONS: EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi-Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed MultiFamily Residential Property and will be subject to the Special Tax.
F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary, provided that the appellant is
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4 current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may directly bill the Special Tax, may collect Special Taxes at different time or in a different manner if necessary to meets its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.
I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or unit Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within the CFD, whichever is earlier.
Item 13.
Item 13.
STAFF REPORT
4/13/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Construction Contract with Petrochem Materials Innovation, LLC (PMI) in the amount of $292,890.24 plus 20% contingency for the Street Pavement Rehabilitation Phase 17, City Project ST-105.
STAFF RECOMMENDATION:
Authorize a construction contract with Petrochem Materials Innovation, LLC (PMI) in the amount $292,890.24 plus 20% contingency for the Street Pavement Rehabilitation Phase 17, City Project ST-105.
BACKGROUND:
In order to increase the lifespan of the City’s street infrastructure, preventative maintenance is necessary. With preventative maintenance, a street’s useful life can be extended before costly reconstruction is required. City’s streets are in acceptable condition, but in need of preventative maintenance. Staff recommends Rubberized Emulsion Aggregate Slurry (REAS) that will seal coat as many streets as possible to avoid significant roadway decay. Staff also recommends, “Piggybacking” on the City of Los Angeles contract, allowing the City to crack seal and slurry seal 323,737 square feet of residential streets at an estimated cost of $292,890.24 plus contingency.
The attached proposed street improvement exhibit shows the streets to be covered under contract.
DISCUSSION/ANALYSIS:
The City is utilizing the competitive procurement process undertaken by the City of Los Angeles “Piggybacking” to select Petrochem Materials Innovation, (City of Los Angeles Contract ID #59680). The City’s Municipal Code, allows for the City to utilize competitive pricing or bidding that has already been undertaken by a federal, state, county or other local agency provided the proposed purchases will be sold to the City at the same or a better price by the awarded vendor.
The City of Los Angeles underwent a competitive procurement process for street REAS overlay seal coting in which competitive bids were received and Petrochem Materials Innovation, LLC was selected as the lowest responsive bidder.
Premix REAS has been utilized in other Valley Cities, such as Rancho Mirage and the City of Indio, with good results most notably on Highway 111 through Rancho Mirage. The agreement
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provides for quality control and material engineering. Areas to receive this treatment include Las Plumas Neighborhood, District 25 and Valencia Neighborhood, District 36.
BUDGET:
The proposed estimated budget is based on the approved price list within the City of Los Angeles contract, which includes prices per gallon for slurry as well as labor and equipment rates. The City worked with the contractor to estimate a cost per square foot based on expected labor, materials and equipment usage for the project and determined that a rate of approximately $0.52 per square foot would be applicable estimate to the project. Total project cost estimates are presented below:
LAS PLUMAS AND VALENCIA COMBINED PRICING ESTIMATE
NO. ITEM DESCRIPTION UNIT OF
MEASURE
EST.
QTY.
UNIT
PRICE
ITEM COST
1 Mobilization LS 1 $10,000 $10,000
2 Traffic Control LS 1 $24,160 $24,160
3 Furnish & Install Type II Rubberized
Emulsion Aggregate Slurry (REAS) SF 323,737 $0.52 $168,343.24 4 Crack Cleaning & Filling LS 1 $68.768 $68,768
5 Remove and Replace Existing Striping in
Thermoplastic LS 1 $21,619 $21,619
Construction Subtotal $292,890.24
20% contingency $58,578.05
Total $351,468.29
FISCAL IMPACT:
The project has been included in the City’s approved CIP FY 2021/22 budget. The contract amount of $292,890.24 and contingency in an amount of $58,578.05 will be funded with Measure A (Fund 117) and SB1 (Fund 109).
ATTACHMENTS:
1. Construction Contract
2. Contract Exhibits and Attachments
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1 CITY OF COACHELLA
CONSTRUCTION CONTRACT
STREET PAVEMENT REHABILITATION PHASE 17
1. PARTIES AND DATE.
This Contract is made and entered into this 13th day of April, 2022 by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236 (“City”) and Petrochem Materials Innovation, LLC, a construction company with its principal place of business at 6168 Innovation Way, Carlsbad, CA 92009 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a municipal organization organized under the laws of the State of California, with the power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing the construction work as described in the scope of work, attachment A, related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project:
License A – General Engineering Contractor.
2.3 Project. City desires to engage Contractor to render such services for Street Pavement Rehabilitation Phase 17 Project, City Project ST-105 (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Scope of Work & Schedule of Payment (Exhibit “A”)
• Location Areas (Exhibit “B”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “C”) • Public Works Contractor Registration Certification (Exhibit “D”) • Payment and Performance Bonds (Exhibit “E”)
• City of Los Angeles Contract
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2 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the
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3 required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract before December 15, 2022, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.
Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $3,000 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory
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4 performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two Hundred NinetyTwo Thousand Eight Hundred Ninety Dollars and Twenty-Four Cents ($292,890.24) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract including quantity pricing as outlined in the City of Los Angeles contract ARC 40 59680 13 or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop payment notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
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5 3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty
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6 an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.7.14 Labor Compliance. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim
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7 or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
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8 3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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9 3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material
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10 releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
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11 3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate
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12 with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work,
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13 claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents
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14 and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG 20 10 10 01 plus CG 20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies
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15 shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.