Coachella City Council
February 8, 2023

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

CITY OF COACHELLA

CITY COUNCIL CLOSED SESSION AND REGULAR MEETING

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 February 08, 2023
5:00PM – 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 City Council Meeting February 08, 2023

 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. 2023-06 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 – ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
RECONVENE REGULAR MEETING: - 6:00 P.M.

PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

PROCLAMATIONS / PRESENTATION:

3. Code Enforcement Update - Commercial Shopping Centers WRITTEN COMMUNICATIONS:

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

4. Meeting Minutes of January 25, 2023, 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.

Agenda City Council Meeting February 08, 2023

5. Approval of Amendment Number One to the Reimbursement Agreement with the Coachella Valley Association of Governments for Avenue 48 Arts and Music Line Project Design

6. Authorization to file a Notice of Completion for City Project No. S-24, Avenue 48 and Harrison Street Sewer Improvements

7. Voucher Listing- EFT's/FY 2022-23 Expenditures as of February 8, 2023, $3,353,914.91.

8. Authorize operation of a beer garden on Saturday, March 25, 2023 from 5pm-9pm at Veterans Memorial Park for the 2023 Coachella Mariachi Festival.

9. Authorize City Manager to execute a letter agreement with Zambelli Fireworks for a special event pyrotechnic program for the City’s 2023 Fourth of July program, in the amount not to exceed $45,000.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

10. Discussion on Commission Member Appointments
PUBLIC COMMENTS (NON-AGENDA ITEMS):

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

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

81211.00100\34422055.2
RESOLUTION NO. 2023-06

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\34922055.2
Resolution No. 2023-06

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 14th day of December 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 1.

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

MINUTES

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 January 25, 2023
5:00 PM Closed Session
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 5:01 p.m. by Mayor Hernandez.

ROLL CALL:

Present: Councilmember Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Pro Tem Galarza, Mayor Hernandez
City Treasurer Aviles and City Clerk Zepeda

Absent: None
Pursuant to Assembly Bill 361, along with the Governor’s State of Emergency Declaration issued on March 4, 2020, this meeting was conducted both in-person and via teleconference/electronically.

VIRTUAL PUBLIC MEETINGS:

1. Resolution No. 2023-03 a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361) Motion: To approve per staff recommendation
Made by: Councilmember Figueroa
Seconded by: Councilmember Delgado
Approved: 5-0, by a unanimous voice vote
APPROVAL OF AGENDA:

Item 4.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 25, 2023

City Manager Martin asked Council to add Item 5a under Proclamations/Presentations - Riverside County Sheriff introducing new employee, and to pull from Consent Item 11 and Item 12 for discussion prior to approval.

Motion: To approve the agenda as amended.

Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Delgado
Approved: 5-0, by a unanimous voice
PUBLIC COMMENTS (CLOSED SESSION ITEMS):

None.

ADJOURN TO CLOSED SESSION:

Council adjourned into Closed Session at 5:06 p.m. to discuss the following items:

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN No. 779-293–009
Agenda Negotiator: General Manager and Utilities Manager Negotiating Parties: Moon Valley Nursery, LLC
Under Negotiation: Price and Terms

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Lillian V. Castillo, et at., v. City of Coachella, et al., Riverside County Superior Court, Case No. RIC2002393

4. Initiation of Litigation, Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
RECONVENE REGULAR MEETING: - 6:00 P.M.

The City Council reconvened into open session at 6:00 p.m.

PLEDGE OF ALLEGIANCE:

Riverside County Transportation Commission Deputy Executive Director Aaron Hake led The Pledge of Allegiance.

CLOSED SESSION ANNOUNCEMENTS:

City Attorney Campos stated that Council met in Closed Session, and direction was given, but no reportable action was taken.

PROCLAMATIONS/PRESENTATIONS:

Item 4.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 25, 2023

Item 5a. was added to the agenda per Council approval.
5a. Introduction of New Coachella Community Action Team Officer, Sgt. Tom Anderson, by Lt. Randy Vasquez
5b. Proclamation Coachella Valley Giving Day

6. Riverside County Transportation Commission

7. 2023 City Event Calendar

8. Tierra Del Sol Lighting Improvements Update
WRITTEN COMMUNICATIONS:

Two letters and one email were received for Item 22. These items will be read as the item comes forward for discussion.

CONSENT CALENDAR:

9. Meeting Minutes of December 14, 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.

10. Special Meeting Minutes of January 9, 2023, 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.

11. Resolution No. 2023-01 approving and funding a Payroll Specialist position in the Finance Department

12. Resolution No. 2023-02 approving and funding an Economic Development Technician

13. Authorize City Manager to qualify all respondents to Project 082522 and execute professional service agreements with the following qualified firms from the Request for Qualifications for On Call Engineering Services Project No. 082522: AKEL Engineering Group, Inc., BSE Engineering Inc, Dudek, Heptagon Seven, Kimley-Horn, Michael Baker International, SVA Architects Inc., TKE Engineering Inc.

14. Authorize award of a Professional Services Agreement to GM Business Interiors for providing cubicle stations at the Coachella Corporate Yard in the amount $56,436.61 and appropriation of funding from undesignated reserves; allowing for non-substantive changes by the City Attorney.

15. Approve vehicle leases for FY 2022/23 with Enterprise Fleet Management Inc.  Approve vehicle surplus listing and replacement for 2022/2023.  Authorize the City Manager to approve the Lease Rate Quotes for: eight (8) Ford F-150 units, one (1) Ford Escape, one (1) Ford F-350 and one (1) Passenger Van from Enterprise Fleet Management, Inc.

Item 4.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 25, 2023

 Authorize FY 22/23 appropriation of $76,643.28 for lease payments of 11 (eleven) new units.

16. Authorize award of a Professional Services Agreement with Southwest Protective Services, Inc. for Security Guard Services Project No. 081221.

17. Authorize the City Manager to execute Professional Services Agreement with RRM Design Group for Professional Planning Consultant Services for preparation of City of Coachella pre-approved accessory dwelling unit (ADU) plans.

18. Quarterly Reports
Motion: To approve per staff recommendation, Consent Calendar Items 9 through 18.

Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Figueroa
Approved: 5-0, by a unanimous vote
AYES: Councilmember Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Pro Tem Galarza, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

City Manager Martin asked Council to move Item 23 to Item 19 and be heard first as, Mayor Pro Tem Galarza’s request,he will have to leave the meeting early due to a family commitment.

Motion: To approve moving Item 23 to Item 19
Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Virgen
Approved: 5-0, by a unanimous vote

23. Mayor's Appointments to Various Council Subcommittees, Coachella Valley Association of Government (CVAG) Committees, Other Agencies, etc.

Motion: To approve Mayor’s appointments
Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Virgen
Approved: 4-1, by the following roll call vote:

AYES: Councilmember Figueroa, Councilmember Virgen, Mayor Pro Tem Galarza, Mayor Hernandez
NOES: Councilmember Delgado
ABSTAIN: None

Item 4.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 25, 2023

ABSENT: None

19. Authorize City Manager to execute a Lease Agreement with Desert Recreation District for use of office space at City Hall.

Mayor Hernandez recused himself from Item 19 and Item 20 and left the dais. Councilmember Figueroa left the dais at 7:22 p.m. and returned at 7:24 p.m.

Motion: To approve per staff recommendation
Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Figueroa
Approved: 4-0, by the following role call vote:

AYES: Councilmember Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Pro Tem Galarza
NOES: None
ABSTAIN: Mayor Hernandez
ABSENT: None

20. Authorize City Manager to execute a Lease Agreement with the Green Room Theatre Company for use of office space at City Hall.

Motion: To approve per staff recommendation
Made by: Councilmember Virgen
Seconded by: Mayor Pro Tem Galarza
Approved: 4-0, by the following role call vote:

AYES: Councilmember Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Pro Tem Galarza
NOES: None
ABSTAIN: Mayor Hernandez
ABSENT: None
Mayor Hernandez returned to the dais after the previous votes at 7:27 p.m. Mayor Pro Tem Galarza left the meeting at 7:27 p.m.

Item 4.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 25, 2023

21. Authorize issuance of Notice of Termination to Coachella Valley Raiders Youth Football Association (CVRYFA) and recommend executing Amendment of Memorandum of Understanding (MOU) removing CVRYFA as a party to this MOU.

Motion: To approve per staff recommendation
Made by: Mayor Hernandez
Seconded by: Councilmember Figueroa
Approved: 4-0, by the following role call vote:

AYES: Councilmember Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza

22. Update on Glenroy Resort Site and Riverside County Purchase; City Council Discussion and Action Written Communication:
 Harry Pflueger, Maxim Hotel Brokerage – email received 1/25/23 with attached letter of support.

Exceeded 250 word count. Item forwarded to Council.
 David Schuman, Hybrid Capital Management LLC – letter received 1/25/23 supporting project.  Martin Kulli, Olten Development – letter received 1/25/23 via email supporting project.  Yurema Arvizu, Resident – emailed received 1/25/23 supporting project.

Motion: To oppose the Purchase
Made by: Mayor Hernandez
Seconded by: Councilmember Delgado
Approved: 4-0, by the following role call vote:

AYES: Councilmember Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
PUBLIC COMMENTS (NON-AGENDA ITEMS):

Item 4.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 25, 2023

1. Dijana Fiorentino (Resident) – Dillon Road & Avenue 44 litter and litter signage

2. Daniel Strike (Resident) – Dillion Road & Avenue 44 to Hwy Traffic Safety

3. Deborah McLeary – Representative of Southern California Gas - Increase 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 8:15 p.m.

Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

Item 4.

STAFF REPORT
1/25/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E. - City Engineer
SUBJECT: Approval of Amendment Number One to the Reimbursement Agreement with the Coachella Valley Association of Governments for Avenue 48 Arts and Music Line Project Design
STAFF RECOMMENDATION:

Approve Amendment Number One to the Reimbursement Agreement with the Coachella Valley Association of Governments Avenue 48 Arts and Music Line Project design; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY:

The Coachella Valley Association of Governments (CVAG) is the lead agency for the proposed Avenue 48 Arts and Music Line (Arts and Music Line Project) improvements and has contracted with Webb and Associates to design the project.

The proposed Arts and Music Line Project will be a community connector to the CV Link located primarily along Avenue 48. On October 20th, 2022, the California Transportation Commission (CTC) staff announced that CVAG was recommended for a 36.483 million dollar grant for the Arts and Music line. Please see the Attachment 2: CVAG Staff report for description of the grant approval process.

CVAG entered into a cost share agreement with the City of Coachella in April of 2022, for a total not to exceed sum of $54,638. Due to additional final engineering costs that will be incurred to produce final bid ready plans, CVAG is requesting to amend the cost share agreement to cover additional design work. Per the attached Amendment Number One the new not to exceed cost share amount to the City of Coachella would be $75,838.

BACKGROUND:

The Arts and Music Line is a pedestrian and bicycle community connector to the CV Link and located primarily along Avenue 48 (Attachment 1: Project Route Map). The eastern end will extend along Dillon Road to the Spotlight 29 Casino. The western end will extend to Washington Street.

Item 5.

The project’s design will incorporate both light and sound elements, plus. The project also includes partnerships with two school districts and Golden Voice, as the route provides an opportunity to feature students’ art and music.

The proposed local share of the design cost has been calculated by linear mileage of the project.

Additional factors, such as sidewalk use and construction of trail along one or both sides of the road were included in the calculation.

ALTERNATIVES:

Council may elect not to approve this agreement.

FISCAL IMPACT:

The total project design cost is now projected be $3,791,897 (Attachment 2). CVAG’s regional share is $2,843,923 and the 25% local share is $947.974.

The local share is distributed between the Cities of Coachella, Indio, and La Quinta primarily by linear mileage and additional factors, such as sidewalk use and construction of trail along one or both sides of the road.

The City of Coachella’s share would increase from $ $54,638 to $75,838. If approved, the City’s share would increase by $21,200 and be appropriated from the General Fund. - Attachment 1. CVAG Arts and Music Line Cost Share Agreement - Attachment 2. Site Maps

Item 5.

A I I
December 15, 2022
Andrea Carranza
Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236

RECEIVED
JAN 0 4 2023
CVAG
Re: ATP - Art & Music Line Project Reimbursement Agreement - Amendment No. 1 Good Day Andrea:

On December 5, 2022, the CVAG Executive Committee authorized the Chair and/or Executive Director to:

1. Take the necessary steps accept $36.483 million in Active Transportation Program Funding, conditional on approval by the California Transportation Commission; and

2. Execute Amendment No. 2 to the agreement with Albert A. Webb Associates for a not to exceed amount of $1,060,000, including 10 percent contingency; and authorize the Executive Director and/or Legal Counsel to make clarifying changes/revisions before execution; and

3. Execute amendments to existing reimbursement agreements with the Cities of Coachella, Indio and La Quinta to adjust the local share of pre-construction services.

Enclosed please find two (2) copies of Amendment Number One to the Reimbursement Agreement with CVAG for the ATP - Art & Music Line Project, which has been signed by Chair Steven Hernandez and is ready for the city of Coachella to process for signatures. I also have included a copy of the Staff Report (with attachments) associated with this approved agenda item.

It provides the project background and fiscal analysis associated with the regional and local shares of project costs.

Once executed by the City, please return the two (2) executed copies for the final signature by CVAG's Executive Director, Tom Kirk. If you wish to have us pick it up, please contact me by email at amcn"iillen(a,cvag.org or by telephone at (760) 346-1127.

Coachella Valley Association of Governments
Contracts Administration
73-7"l O Fred Waring Drive, Suite 200
Palm Desert, CA 92260-2516
Thank you,
Alien(27,
Enclosures: Two (2) copies of Amendment Number One to the ATP - Art & Music Line Project Reimbursement Agreement between CVAG and the City of Coachella and the associated CVAG Executive Committee Staff Report.

AGUA Chucx'rt: BAND oq Chpuiaa INDIANS CABAZON BAND op MISSION INDIANS

Item 5.

Item 5.

ITEM 8B
Coackella Valley Association oF Governments
[xecutive Committee
December 5, 2022 CVAG

STAFF REPORT
Subject: Next Steps for the Arts and Music Line
Contact: Jonathan Hoy, Director of Transportation (jhoy($cvaq.orq) Recommendation: Authorize the Chair and/or Executive Director to:

1. Take the necessary steps accept $36.483 million in Active Transportation Program Funding, conditional on approval by the California Transportation Commission; and

2. Execute Amendment No. 2 to the agreement with Albert A. Webb Associates for a not to exceed amount of $1,060,000, including 10 percent contingency; and authorize the Executive Director and/or Legal Counsel to make clarifying changes/revisions before execution; and

3. Execute amendments to existing reimbursement agreements with the Cities of Coachella, Indio and La Quinta to adjust the local share of pre-construction services Transportation Committee: Concurs (Meeting of November 7) Backqround: On October 20, 2022, California Transportation Commission (CTC) staff announced the recommended projects for Cycle 6 of the Active Transportation Program (ATP), a highly competitive pot of funding for bike and pedestrian projects. CVAG was recommended to receive $36.483 million for the Arts & Music Line, a 15-mile project that largely extends along Avenue 48 in the Cities of La Quinta, Indio and Coachella. The project provides safe routes to local schools and embraces the use of bold color schemes, innovative lighting and artwork to create not only a safe and inviting route but also a destination in and of itself. It includes two connections to CV Link - the valleywide multi-modal pathway now under construction - and a connection to the polo grounds, which is home to the world-renowned Coachella and Stagecoach art and music festivals.

The project is one of 67 projects in the statewide component that are eyed to receive $853.52 million from the 2023 Active Transportation Program. The grant awards are recommendations by CTC staff. The projects, along with recommendations for the small urban and rural projects, will be presented to the California Transportation Commission for approval when they meet in Riverside on December 7-8, 2022. The Arts and Music Line is, by far, the largest project being recommended out of Riverside County. CTC staff has also recommended $300,000 for a mobility plan in the unincorporated community of Desert Edge and nearly $8.2 million for three different projects in the City of Jurupa Valley.

Projects are scored on a 100-point scale; projects that don't get funded in the statewide round are then considered for funding in the Metropolitan Planning Organization (MPO) round, where there are fewer dollars to spread out across the state. For the Coachella Valley, that allocation process includes additional scoring based on the Riverside County Transportation Commission (RCTC)

Item 5.
adopted selection criteria. RCTC's deadline to submit the ATP award list to the Southern California Association of Governments for the MPO share is January 30, 2023. On November 21, 2022, RCTC released their draft Riverside County ATP Cycle 6 MPO award list. If these recommendations are approved, the City of Desert Hot Springs will be receiving $17.397 million for two projects located along Hacienda Ave and Palm Drive, with the latter project benefitting from CVAG's Bike and Pedestrian Safety Program that is designed to get projects shovel-ready.

The awards to Desert Hot Springs also represent more than 39 percent of the available MPO funding for Riverside County, and when combined with the Arts and Music Line, will bring a total of $53.88 million in ATP funding to the Coachella Valley.

Based on the CVAG's Arts and Music Line proposed scope of work, the project is expected to start construction in early 2025. In anticipation of this construction funding, CVAG staff is recommending an amendment to the existing contract with Albert A Webb Associates contract to incorporate the required National Environmental Policy Act (NEPA) review process, and the design changes proposed in the Cycle 6 application.

CVAG's contract with Webb was first authorized as part of the Bicycle and Pedestrian Safety Program, which provides funding for getting regional ATP projects "shelf ready" for future grant opportunities. In September 2019, CVAG's Executive Committee approved staffs recommendation that CVAG hire Webb Associates to complete preliminary engineering, environmental analysis, and final design work for on the Arts and Music Line, as well as regional design guidelines for bike and pedestrian projects valley-wide. In September 2021, the CVAG Executive Committee authorized a no-cost extension to extend Webb's contract through December 2022.

CVAG previously submitted applications for the Arts & Music Line in both Cycle 4 and Cycle 5 of the state's Active Transportation Program, with Webb Associates assisting in Cycle 5. In both cycles, the project was short of the cut-off for the statewide round and was left in the position of having to turn down partial funding in as much as $7.7 million in the Metropolitan Planning Organization (MPO) round because it would have put too much strain on the local and regional resources to accept that award and fill the funding gap.

In preparing for Cycle 6, CVAG staff used the remaining contingency in Webb Associates' contract to modify the proposed project to secure the greatest possible points on the application. The proposed project will construct approximately 9 miles of protected bicycle facilities (Class 1 and 4) along Avenue 48, Van Buren Street, and Dillon Road; more than six miles of Class 2 and 3 school spurs that directly connect the project to 41 disadvantaged schools; provides significant separation and protection for people walking along the project corridors; includes bicycle signals, raised and/or recessed bike/pedestrian crossings, and bicycle signal indicators; and services more than 19 existing affordable housing communities in the area.

In addition to these capital improvements, the project will implement a bike to school program.

This program consists of a bike/walk train program, encouraging students to walk or bike together to school; a walking/biking route map - accessible by paper or smartphone, via a QR code; and a bicycle rodeo program that promotes an outdoor skills course where students can practice b icycle safety.

The original contract with Webb Associates only included the analysis needed to address California Environmental Quality Act (CEQA). However, the pot of funding that CVAG has been recommended to receive includes federal dollars, which triggers the need for additional NEPAlevel work.

Item 5.

Given CVAG's committee schedule for the remainder of 2022, CVAG staff is recommending a contract approval in anticipation of the CTC's vote in December 2022. CVAG staff is also recommending the Executive Director be authorized to take any steps necessary to accept the funding.

Fiscal Analysis: The original contract for Webb Associates was for a not-to-exceed amount of $2,731,897. Amendment No. 1 provided no additional costs but extended the date. Amendment No. 2 will further extend the contract term until December 31, 2024. It also increases the contract amount by an additional $1,060,000. Funding is being split on the 75 percent/25 percent funding formula that is standard for regional projects.

Because the Arts and Music Line's local share spans more than one jurisdiction, the approved reimbursement agreements split the 25 percent local share based on the length of the project in each jurisdiction. Consequently, the local share has been split with the City of La Quinta covering 25%, City of Indio covering 67% and the City of Coachella covering the remaining 8%. CVAG staff has revised the agency reimbursement agreements to account for the additional $1,060,000.

The adjusted local share totals for pre-construction services are as follows:

La Quinta
$236.993
25%
Indio
$635,143
67'3"0
Coachella
$75,838
8%
Total Local
St1are (25%)
$947,974
100%
Looking ahead, CVAG staff will continue to look for additional funding opportunities for the construction costs. Staff will also work with its member jurisdictions to address cost-sharing of the local share of the construction phase, allowing them to budget for future fiscal years. However, those cost sharing agreements will likely move forward closer to the start of construction and/or an awarding of a contract.

Finally, staff would like to note the return on investment of the Bicycle and Pedestrian Safety Program and CVAG Committees' support of using local and regional funding to position projects for future grant opportunities. During Cycle 5 of the state's ATP, the City of Cathedral City's regional connector project scored the highest at the MPO level for Riverside County and construction was fully funded at $4.4 million. This Cycle of ATP adds to the success, not just with the Arts and Music Line but also the recommended investment along Palm Drive. If the City of Desert Hot Springs receives the combined $17.397 million for the two projects, the City will secure more than 39 percent of the available MPO funding for Riverside County. When combined with the Arts and Music Line, it will bring a total of $53.88 million in ATP funding to the Coachella Valley.

Attachments:

1. 2.

3. 4.

5. Project Location Map
Albert A. Webb Associates - Art & Music Line Amendment No. 2 City of Coachella - Arts & Music Line Amendment No. 1
City oflndio - Arts & Music Line Amendment No. 1
City of La Quinta - Arts & Music Line Amendment No. 2

Item 5.
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Item 5.

Contract No. CVAG-19-099-02
Project: Coachella Valley Art and Music Line

AMENDMENT NUMBER TWO
to the
ALBERT A. WEBB ASSOCIATES

PROFESSIONAL ENGINEERING AND ENVIORMENT AL SERVICES AGREEMENT for the

COACHELLA VALLEY ART AND MUSIC LINE
This ANIENDMENT NUMBER TWO is made and entered into this 5'h day of December 2022, by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), and Albert A. Webb Associates (Consultant), and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement dated November 18, 2019, for the Coachella Valley Art and Music Line project.

1. This Amendment Number Two extends the term of the contract to December 31, 2024.

2. This Amendment Number Two authorizes the additional scope of services in accordance with the attached Albert A. Webb Associates letter dated November 17, 2022 for the not-to-exceed amount of $1,060,000.00. The total amount payable shafl not exceed $3,791,897.00.

Original Contract
Amendment Number One
Amendment Number Two
November 18, 2019
September 27, 2021
December 5, 2022
Total Contract not-to-exceed
$2,731 ,897.00
No Cost
$1 ,oeo,ooo.oo
$3,791,897.00
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be executed by their duly authorized representatives on this date:

COACHELLA VALLEY ASSOCIATION

OF GOVERNMENTS
ALBERT A. WEBB ASSOCIATES
B9:

Tom Kirk, CVAG Executive Director
By:

Dilesh Sheth, Senior V.P.

Date: Date:

CVAG Services Amendment

Item 5.

Contract No. CVAG-19-099-02
Project: Coachella Valley Art and Music Line
Attachment A-I
Albert A. Webb Associates - Art & Music Line Amendment No. 2 Additional Scope of Services and Compensation
Please refer to the following Albert A. Webb Associates letter dated November 17, 2022.

CVAG Services Ameridment

Item 5.

CVAGaS ARTS & MUSIC LINF CONTRACI AMENDMENT

EXHIBIT A - SCOPE OF SERVICES
Task 1- Additional Field Survey
WEBB will perform additional field survey for the final design of the project. Field survey information will also include surface ground surface culture, all features within and around the project area, and existing roadway profile and pavement limits. WEBB will perform detailed surveying work including the tie-out of any and all existing survey centerlines and property corner monuments that could be disturbed and affected by the proposed work.

Task 2 - NEPA Compliance
Task 2.1- Preliminary Environmental Study (PES) Form
WEBB will begin the environmental process by preparing PES Form.

Preliminary Environmental Study (PES) Form - Prepare and submit a PES Form for the ATP project components and all required attachments including pictures, maps, FEMA Zones, ISA Checklist, VIA Checklist, and Air Quality Checklist to Caltrans for review and comment, using the standard form available on the SER website and following the procedures outlined in Chapter 6 of the Local Assistance Procedures Manual (LAPM). One round of revisions is included for CVAG and Caltrans comments. WEBB will electronically submit the PES Form and attachments and follow up with Caltrans. WEBB will coordinate with Caltrans to prepare the Categorical Exclusion (CE) and the Environmental Commitments Records (ECR) to obtain NEPA approval.

Deliverables:
* One (1) completed PES Form
The project's contract assumed that the project was only subject to CEQA. CVAG has asked the WEBB team to prepare the NEPA documentation now that Caltrans funding is involved and NEPA applies.

Task 2.2 - Technical Studies
Upon approval of the PES, WEBB anticipates Caltrans will require additional technical studies. If necessary, WEBB will prepare:

Task 2.2. A - Natural Environment Study - Minimal Impacts (NES-Ml) WEBB will team with WSP for biological resource evaluations required for NEPA.

WSP senior biologists will prepare a Natural Environmental Study-Minimal Impacts (NES-Ml). This report will be based on the findings of the MSHCP Consistency Analysis reconnaissance-level surveys but written to comply with all Caltrans report guidelines and will be taken through the standard Caltrans review process.

A field survey will also be conducted using methodologies appropriate for the detection of special-status species (if any) identified during the literature review. Depending on the timing (season) of the field survey, certain species (such as sensitive annual plant species) may be undetectable. However, habitat suitability will be assessed for all special-status species potentially occurring on the site. If habitat is present on-site, focused surveys for species identified during the literature review process maybe required and are not considered part of this amendment.

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Item 5.
()'l/Al 3 ."sF-i S .avR.'iiF'hR' lllNP (':'yf'l I R.'al arA'ir1E7.ll-)li.'l 'ENT Copies of the NES will be provided to Caltrans' assigned project manager for review and approval. Based on one set of review comments, a final report will be prepared and submitted electronically.

Deliverables:
* One (1) completed NES-Ml report
Task 2.2.B - Jurisdictional Delineation
The project site will be evaluated for jurisdictional resources. Jurisdictional waters of the u.s. and wetlands are regulated by the u.s. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act.

Jurisdictional waters of the State are regulated by the Regional Water Quality Control Board (RWQCB) under Section 401 of the Clean Water Act and Porter Cologne Act. Jurisdictional streambeds and associated riparian habitat are regulated by the California Department of Fish and Wildlife (CDFW) under Section 1602 of the State Fish and Game Code.

As part of the jurisdictional delineation, a WSP wetland specialist will: 1) review background information including, but not limited to topographic maps, aerial photos, soils surveys, and engineering plans; 2) conduct an on-site evaluation of the site using the methods described in the 1987 USACE Wetlands Manual and the 2008 Arid West Supplement; and 3) produce a Jurisdictional Delineation Report that defines methods and results of the field assessment. Boundaries of jurisdictional areas and proposed impact areas will be overlaid onto aerial photographs for identification and quantification An electronic copy of the draft report will be provided to CVAG for review. Following one round of review comments, any necessary changes will be incorporated into a final electronic report.

Deliverables:
* One (1) completed Jurisdictional Delineation report
Task 2.2.C - Regulatory Permitting
WSP permitting specialists will prepare permit applications for the project. Permit applications will be prepared for the following agencies:
* US Army Corps of Engineers: A Nationwide Permit Pre-Construction Notification (PCN) Form wil[ be prepared. This scope assumes the project will qualify under an existing Nationwide Permit (NWP). If the project does not qualify under an existing NWP, an Individual Permit (IP) would be required. Procurement of an IP includes assessments of alternatives and public comment and, therefore, would exceed the cost provided herein and is not included in this scope. * Regional Water Quality Control Board: An application for 401 Water Quality Certification will be prepared.
* California Department of Fish and Game: An application for a Streambed Alteration Agreement will be prepared.
* Draft copies of the permits will be provided to CVAG for review and approval, submit applications, and follow up with agencies on a monthly basis to ensure proper permit processing. Permit fees are not included in this scope. Completion of this task does not include issuance of permits by regulatory agencies.

H S2020S20-C)003SProposals, Contracts, & Change OrdersSCO2 2021 -06S20-0003Additional Services,,2022-1 1-1 7.docx

Item 5.

I l,/ 71tl ' . /'l T' . (l i /l I'l ' I i ' . l- I #i i I { El.l I ratl'l- i.1-) t I '- t i Deliverables:
* One (1) completed set of permit Applications
Task 2.2.D - Focused Burrowing Owl Surveys
Focused burrowing owl surveys are required where suitable habitat is present. Where applicable, focused burrowing owl surveys will be conducted, as described below. Focused burrow surveys and four breeding season focused burrowing owl surveys will need to be performed between March 1 and August 31 (during the breeding season). Focused Burrowing Owl Surveys will consist of visits to the project area on four separate days. This scope of work includes surveys on an estimated 20-acres of suitable habitat. If additional habitat is identified within the project site, additional costs may be required.

Results of the surveys, including the methodology transect width, duration, conditions, and findings, will be incorporated into an MSHCP compliant burrowing owl report. Following one round of review comments, any necessary changes will be incorporated into a final electronic report. Appropriate maps showing burrow locations will be included. If burrowing owls are present, a relocation program and preconstruction surveys may be necessary; this scope does not include costs for any type of relocation program or preconstruction survey. If needed, a cost proposal will be prepared at that time.

Deliverables:
* One ('l) completed Burrowing Owl report
Task 2.2.E - Historic Property Survey Report
WEBB will team up with Applied Earthworks (AE)who will prepare the Historic Property Survey Report (HPSR), which includes an Area of Potential Effect (APE) Map that depicts the area impacted by the project, including staging, construction access areas, and any utility and property relocation work. The map will be plotted on an aerial photograph generated by GIS at a scale of 1"=200', with a bar scale. The map will depict the locations of any cultural resources identified in the APE.

The HPSR will summarize consultations and decisions pursuant to Section 1 C)6.It will document delineation of the APE, completion of the identification phase, completion of National Register of Historic Places eligibility, evaluation of the resources within the project APE, and, if relevant, a finding of no historic properties affected or no adverse effect with standard conditions. The HPSR will be used to request SHPO's concurrence on determinations of eligibility or ineligibility for properties within the project area of the APE to be evaluated.

Specifically, /E will prepare the necessary cultural resources assessments to satisfy the requirements of the Caltrans' Programmatic Agreement (PA) with the California State Historic Preservation Officer regarding compliance with Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations, 36 CFR Part 800, which include:
@ Utilizing Caltrans' Area of Potentia! Effects (APE) for the project that considers all direct and indirect impacts to significant cultural resources.
h Completing a records search with the Eastern Information Center (EIC). We assume the EIC records search fee will not exceed $1,000.00. The EIC office is closed and will remain closed indefinitely. However, they are accepting and processing requests via email, albeit at a muchslower pace. The current turnaround time for the EIC literature and records search is

H.A202(R20-€003SProposals, Contracts, & Change OrdersSCO22 €21-06S20-0003Aoditional Services 2022-11-1 7.docx

Item 5.
l' V A t; :i .-'i o:- :i 5u 114l l Sl l L I'! L !: [ l Ml f i -as' 1 " i ii Fi-li }:.l F I-iT approximately 4-6 weeks. Because of the limited staffing situation, this turnaround time may lengthen as a result of circumstances beyond A's control. * Contacting the NAHC for Sacred Lands Files. The NAHC is experiencing delays in response time. The current turnaround time for the NAHC search is 6-8 weeks. AE also will assist Caltrans in contacting Tribes/individuals identified by the NAHC with local Traditional Use Areas that may have information regarding Native American cultural resources within the project vicinity.

Contact will be initiated by letter and followed by email or telephone. K will conduct two 30- day follow-ups on behalf of Caltrans.
* In November 2020, KF:.performed a field visit and pedestrian field reconnaissance survey of the Project area for the CEQA process. Therefore, for Caltrans and Section 106 compliance, AE wil only conduct a pedestrian spot-check survey of the portions of the Project where known resources were observed during the CEQA survey. For the cultural resource spot-check survey, /E is not responsible for landowner permissions and access to the Project area. For the purposes of this price estimate, we assume no subsurface testing and no cultural resources requiring documentation or evaluation are present in the Project area.

The portions of the Project along Avenue 48 east of Van Buren and Dillon Road traverse the Cabazon Indian Reservation and the Twenty-Nine Palms Reservation. If right-of-way (ROW) acquisition is required for the Project, extending the Project beyond the existing road ROW, K. will need to obtain authorization from the u.s. Bureau of Indian Affairs (BIA) to conduct surveys on tribal lands. If the Cabazon and Twenty-Nine Palms tribes wish to accompany k during the survey on tribal lands, k assumes they will contract directly with the CVAG. This price estimate excludes time to consult with BIA or obtain authorization from the Tribes and BIA to survey because no ROW acquisition is anticipated.

Assumes no archaeological resources requiring documentation or evaluation will be identified in the APE. AE assumes all built-environment resources within the project area have either been determined ineligible for the NRHP with SHPO concurrence, are outside of the vertical APE, or are exempt from evaluation under the Caltrans PA. Therefore, for the purposes of this proposal, we assume only a single page site record updates to the existing California Department of Parks and Recreation (DPR) forms for the six built-environment resources. If additional cultural resources are encountered during € 's fieldwork, then a contract amendment will be necessary and Project costs will increase in accordance with the size and complexity of each resource. * Prepare an APE Map, an Archaeological Survey Report (ASR), and a Historic Properties Survey Report (HPSR) to the standards outlined in the Caltrans Standard Environmental Reference (SER) Volume 2, Cultural Resources. Based on our assumptions above regarding builtenvironment eligibility, AE assumes a Historic Resources Evaluation Report (HRER) will not be required for the project. AE assumes two rounds of comments will need to be addressed following review of each submittal to Caltrans. AE's draft and revised reports will be submitted electronically in MS Word format for ease of review; the final report will be submitted electronically as a PDF file. Our price estimate assumes no hard copies of the draft and revised draft reports, and no more than a total of two (2) hard copies of the final report will be required - one each for Caltrans and the EIC.

Deliverables:
* One (1 ) completed HPSR package

H:S2020S20-00031Proposals, Contracts, & Change OrdersSCO22021-06S20-0003Additional Services2022-11 -1 7.docx

Item 5.
i." il' i ' rs 'i . .':i =ii i I' i Ia I I1.' (-.O F.1 rlil /.1 /. h.ilt- ISII i's i[ia.

Task 2.2.F: Location Hydraulic Study and Summary Floodplain Encroachment Report WEBB will prepare a Location Hydraulic Study that is consistent with 23 CFR 650 Subpart A, Section 650.111 (b)(c)(d). This analysis will determine if the project would result in minimal or significant encroachment on the base floodplaln and If the project Is consistent with the existing watershed and floodplain managsment programs. The study will include but not be limited to the following:
* National Flood Insurance Program (NFIP) maps of information developed by the highway agency. * Evaluation and discussion of the practicability of alternatives to and longitudinal encroachments. * Discussion of commensurate with the significance of the risk or environmental impact, for all alternatives containing encroachments and support floodplain development o The risks associated with implementation of the action o The impacts on natural and beneficial flood-plain values o The support of probably incompatible flood-plain development o The measures to minimize flood-plain impacts associated with the action o The measures to restore and preserve the natural and beneficial floodplain values impacted by the action.
* Summary Floodplain Encroachment Report
WEBB will incorporate revisions from one round of comments from the CVAG prior to finalization and submittal to Caltrans for approval.

Based on recent experience, WEBB believes the preparation of a Water Quality Assessment Report (WQAR) may be required by Caltrans as part of the NEPA process. Therefore, WEBB has included preparation of a WQAR utilizing the current template from Caltrans. The WQAR includes a discussion of the proposed project, the general environmental setting of the project area, and the regulatory framework with respect to water quality. It also provides data on surface water and groundwater resources within the project area and their water quality health, describes water quality impairments and beneficial uses, identifies potential water quality impacts/benefits associated with the proposed project, and recommends avoidance and/or minimization measures for potentially adverse impacts. Information from the Location Hydraulic Study will also be included in the WQAR, as applicable. Revisions to one round of CVAG comments will be ncorporated before finalizing the WQAR and submitting to Caltrans for approval.

Deliverables:
* One (1) completed Location Hydraulic Study Form
* One (1) Summary Floodplain Encroachment Form
* One (1) WQAR
Task 2.2.G: Traffic Impact Study
WEBB will update the Traffic Impact Analysis and prepare a NEPA compliance document as the previously studied intersections. The scope of services is as follows:
* Coordinate with the Cities of La Quinta, Indio, Palm Desert, and Caltrans to obtain the latest signal timing plans.

H 'i2Cl20S20-0003SPioposals,Contracts, & Change Orders!CO22021-06'i20-0003Addihonal Services 2022-11-17.docx

Item 5.

CVAG'S ARTS & MUSIC LINE CONTRACT AMENDMENT
* Review and update with Existing Conditions analysis to reflect the latest signal timings. * Coordinate with the project team to determine the Proposed Project features and Proposed Project Opening Year.
* Update the Opening Year Without and With Project Conditions analysis. * Update the Proposed Project Traffic Operations Study. * Revise the Study based on comments from the project's team. Two rounds of revision are assumed as a part of this effort.
* Prepare a draft NEPA compliance traffic operation study ("NEPA Study"). @ Revise the NEPA Study based on comments from the project's team and review agencies.

Two rounds of revision are assumed as a part of this effort. * Attend up to four (4) meetings with the project's team.

Deliverables.
@ One(1)draft,one(1)revised,andone(1)finalTraffic0perationsStudy. * One(1)draft,one(1)revised,andone(1)finalNEPAStudy.

Task 3 - Additional Geotechnical Work
Our services are anticipated to include additional drilling of geotechnical borings, laboratory testing, and providing a geotechnical report with geotechnical recommendations for design and construction of the walls.

Task 4 - Artist Assistance
The project art scope has changed so additional assistance from the artist is needed to determine the location of art work.

Task 5 - Drainage
WEBB will additionat effort for drainage analysis and prepare report for the La Quinta Evacuation Channel and Dillon Road. WEBB will coordinate with CVWD, City of Indio, and the City of Coachella for review and approval.

Task 6 - Street Design
The project plans include curb and barrier along the route. Because of fire department requirements and budget changes, the barrier width is adjusted. WEBB will provide additional effort to revise street improvement plans.

Task 7 - Intersection
WEBB will revised intersection improvements to include protected corners, bend out, and other innovative treatments to enhance safety and comfort.

Task 8 - CVWD
WEBB will provide additional design and coordination services for the two-way community connector between Avenue 48 and Coachella Valley Storm channel where the CV Link is proposed. WEBB will schedule meeting with the CVWD.

H:S202012 € -00031Proposals, Contracts, & Change OrdsrsSCO22021-06120-0003Additional Services2C)22-1 1-1 7.docx

Item 5.

CVAG'S ARTS & MUSIC LINE CON rRACT AMENDMENT
Task 9 - Street Light
WEBB will provide additional street light design services for the project.

Task 10 - Structural Design
WEBB will provide additional structural design services for walls under Highway 111 and Jefferson Street bridges.

Task 11- Legal and Plats
WEBB will prepare 15 legal and plats for additional R/W.

Task 12 - Right of Way Acquisition
WEBB's subconsultant will provide appraisal, property owner coordination, and title investigation seMCeS.

Task 13 - Outreach
WEBB will provide public outreach services. The goal of these meetings is to identify the community values, priorities, and concerns throughout the project corridors. WEBB will provide coordination with CVAG, City of Indio, City of La Quinta, City of Coachella, Sunline, and Caltrans.

Task 14 - Project Management and Meetings
WEBB will schedule, chair, and prepare meeting agendas and minutes for all meetings. The agendas will be submitted to the Agency for review two working days before the meeting. The minutes will be distributed to all attendees, everyone who was invited, and the Agency's Project Manager within five working days after the meeting. The minutes shall include, but not be limited to a list of attendees with phone numbers and email, synopsis of discussion items, any pertinent information, action items, and follow-up to action items.

Additional Senrices
Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our then-current hourly rates. Before commencing the Additional Services, the Consultant shall obtain prior written approval from the Client.

Additional services we can provide include, but are not limited to, the following:

Attendance at additional meetings beyond those identified in the Scope of Services.

Providing any other services not expresslyincluded in this Agreement or not customarily furnished by generally accepted practices in theindustry.

H:S2020S20-0003SProposals, Ciontracts, & Change OrdersSCO22021 -06S20-0003Additional Services2 € 22-1 1-1 7.docx

Item 5.

CVAG'S ARTS & MUSIC LINE CONTRACT AMENDMENT

EXHIBIT B - COMPENSATION FOR ADDITIONAL SCOPE OF SERVICES Services described in our Scope of Work (Exhibit "A") shall be provided on a time and material basis not to exceed $i,osolooo.

Compensation Breakdown
Additional Field Survey
NEPA
Additional Geotechnical Work
Artist Assistance
Drainage
Street Design
Intersection
CVWD
Street Light
Structural Design
Legal and Plats
Right of Way Acquisition
Outreach
Proiect Management and Meetings
30,000.00
170,000.00
20,000.00
50,000-00
40,000.00
1 00,C)00.00
60,000.00
100,000.00
30,000.00
80,000.00
60,000.00
150,000.00
50,000.00
120,000.00
1,060,000.00

H:S2020\20-0003\Proposals, Contracts, & Change OrdersSCO2202l -06S20-0003Additional Services2022-1 1-1 7.docx

Item 5.

Contract No. CVAG-22-002-01
Project: Aal"P - Arts and Music Line

AMENDMENT NUMBER ONE
TO THE

REIMBURSEMENT AGREEMENT BY AND BETWEEN

CVAG AND THE CITY OF COACHELLA

FOR THE

ATP - ARTS AND MUSIC LINE
This AMENDMENT NUMBER ONE is made and entered into this 5'h day of December 2022, by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), the City of Coachella (Agency) and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain in the same as stated in the original agreement dated September 30, 2019 for the ATP - Arts and Music Line Project
1, This Amendment Number One extends the term of the contract to December 3'l, 2024,

2. This Amendment Number One authorizes the additional scope of services in accordance with the attached Albert A. Webb Associates letter dated November 17, 2022 for the not-to-exceed amount of $1,060,000. The total amount payable shall not exceed $3,791,897.

3. This Amendment Number One increases CVAG's Regional Share to $2,843,923, and the Local Share to $947,974,

4. This Amendment Number One authorizes CVAG to amend the cost-sharing agreements between CVAG and the Cities of La Quinta, Indio and Coachella for design costs related to the ATP - Arts and Music Line, by adding $1,060,000 to the total costs for a revised total of $3,791,897 which represents an additional $795,000 totaling $2,843,923 far ttie 75 percent CVAG share and an additional $265,000 totaling $947,974 for the 25 percent local share.

Original Contract
Regional
Share
September30,2019 $2,731,897 $2,048,923
Local
Share
$682,974
Amendment Number One December 5, 2022 $'l060 000 $2,843,923 $947,974 Total Contract not-to-exceed $3,791,897
Based on the revised additional $265,000 to the local share, the revised 25 percent local share which totals $947,974 per this amendment will be split between the cities of La Quinta, Coachella and Indio as follows:

Total Local
Coachella Share (25%)
5ys,sas
8%
Indio
!>635,143
67%
La Quinta
9236.993
25%

Item 5.

Contract No. CVAG-22-002-01
Project: ATP - Arts and Music Line
The parties hereto have caused this Amendment Number One to be executed by their duly authorized representatives on the above-reference date.

ATTEST CITY OF COACHELLA
By:

Andrea Carranza, City Clerk
By:

Gabriel Martin, City Manager

APPROVED AS TO FORM
BY:

Carlos Campos, City Attorney

ATTEST COACHELLA ASSOCIATION OF

GOVERNMENTS
BY: BY:

Tom Kirk, CVAG Executive Director Steven Hernandez, CVAG Chair

Item 5.

Contract No. CVAG-22-002-01
Project: ATP - Arts and Music Line
Attachment A-1
Albert A. Webb Associates - Art & Music Line Amendment No. 2 Additional Scope of Services and Compensation
Please refer to the following Albert A. Webb Associates letter dated November "l7, 2022.

Item 5.

AL8ERTA

ASSOCIATES
November 17, 2022
Corporate Headquarters
3788 McCray Street
Riverside, CA 92508
951.686.1070
Munieta Office
41870 Kalmia Street #160
Murrie!a, CA92562
T: C151.886.1070
Mr. Jonathan Hoy
Director of Transportation
Coachella Valley Association of Governments
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
RE: CVAG's Arts & Music Line Contract Amendment
Dear Jonathan:

Albert A. Webb Associates (WEBB) is requesting budget amendment for Arts & Music Line to provide additional professional services related to additional engineering and preparation of the environmental documentation pursuant to the National Environmental Policy Act (NEPA) (the "Proposed Project") for the Coachella Valley Association of Governments (CVAG) Art & Music Line.

The Scope of Services is described in Exhibit A and the Compensation for Additional Work is described in Exhibit B.

We look forward to continuing to work with CVAG on this project.

Sincerely,
Albert A. Webb Associates
Dilesh Sheth, PE, TE
Senior Vice President
3fflD0

Item 5.

CVAG'S ARTS & MUSIC LINE CONTRACT AMENDMENT

EXHIBIT A - SCOPE OF SERVICES
Task 1- Additional Field Survey
WEBB will perform additional field survey for the final design of the project. Field survey information will also include surface ground surface culture, all features within and around the project area, and existing roadway profile and pavement limits. WEBB will perform detailed surveying work including the tie-out of any and all existing survey centerlines and property corner monuments that could be disturbed and affected by the proposed work.

Task 2 - NEPA Compliance
Task 2.1- Preliminary Environmental Study (PES) Form
WEBB will begin the environmental process by preparing PES Form.

Preliminary Environmental Study (PES) Form - Prepare and submit a PES Form for the ATP project components and all required attachments including pictures, maps, FEMA Zones, ISA Checklist, VIA Checklist, and Air Quality Checklist to Caltrans for review and comment, using the standard form available on the SER website and Following the procedures outlined in Chapter 6 of the Local Assistance Procedures Manual (LAPM). One round of revisions is included for CVAG and Caltrans comments. WEBB will electronically submit the PES Form and attachments and follow up with Caltrans. WEBB will coordinate with Caltrans to prepare the Categorical Exclusion (CE) and the Environmental Commitments Records (ECR) to obtain NEPA approval.

Deliverables:
@ One (1) completed PES Form
The project's contract assumed that the project was only subject to CEQA. CVAG has asked the WEBB team to prepare the NEPA documentation now that Caltrans funding is involved and NEPA applies.

Task 2.2 - Technical Studies
Upon approval of the PES, WEBB anticipates Caltrans will require additional technical studies. If necessary, WEBB will prepare:

Task 2.2. A - Natural Environment Study - Minimal Impacts (NES-Ml) WEBB will team with WSP for biological resource evaluations required for NEPA.

WSP senior biologists will prepare a Natural Environmental Study-Minimal Impacts (NES-Ml). This report will be based on the findings of the MSHCP Consistency Analysis reconnaissance-level surveys but written to comply with all Caltrans report guidelines and will be taken through the standard Caltrans review process.

A field survey will also be conducted using methodologies appropriate for the detection of special-status species (if any) identified during the literature review. Depending on the timing (season) of the field survey, certain species (such as sensitive annual plant species) may be undetectable. However, habitat suitability will be assessed for all special-status species potentially occurring on the site. If habitat is present on-site, focused surveys for species identified during the literature review process maybe required and are not considered part of this amendment.

I 0!-'ff {l' ?:i (iiiD4i'i 'a11{jt.l'. 11'4 ' : It I':l ' !, ?. ( Il.lt ti l ( II . Il)I t;.( , ;l j)(lai {iFi,aii) I .Of)'1 fl" :l III)llali 'y:l (IC,(, )(. l) i i , .i , .,

Item 5.

C'/-V3 '.:s "sF;T'i ,p,irvii .3R. t I s.t= CVih:TRAi-J Ai'.lENDl"E'l-l Copies of the NES will be provided to Caltrans' assigned project manager for review and approval. Based on one set of review comments, a final report will be prepared and submitted electronically.

Deliverables:
* One (1) completed NES-Ml report
Task 2.2.B - Jurisdictional Delineation
The project site will be evaluated for jurisdictional resources. Jurisdictional waters of the u.s. and wetlands are regulated by the u.s. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act.

Jurisdictional waters of the State are regulated by the Regional Water Quality Control Board (RWQCB) under Section 401 of the Clean Water Act and Porter Cologne Act. Jurisdictional streambeds and associated riparian habitat are regulated by the California Department of Fish and Wildlife (CDFW) under Section 1602 of the State Fish and Game Code.

As part of the jurisdictional delineation, a WSP wetland specialist will: 1) review background information including, but not limited to topographic maps, aerial photos, soils surveys, and engineering plans; 2) conduct an on-site evaluation of the site using the methods described in the 1987 USACE Wetlands Manual and the 2008 Arid West Supplement; and 3) produce a Jurisdictional Delineation Report that defines methods and results of the field assessment. Boundaries of jurisdictional areas and proposed impact areas t,
will be overlaid onto aerial photographs for identification and quantification.

An electronic copy of the draft report will be provided to CVAG for review. Following one round of review comments, any necessary changes will be incorporated into a final electronic report.

Deliverables:
* One (1) completed Jurisdictional Delineation report
Task 2.2.C - Regulatory Permitting
WSP permitting specialists will prepare permit applications for the project. Permit applications will be prepared for the following agencies:
* US Army Corps of Engineers: A Nationwide Permit Pre-Construction Notification (PCN) Form will be prepared. This scope assumes the project will qualify under an existing Nationwide Permit (NWP). If the project does not qualify under an existing NWP, an Individual Permit (IP) would be required. Procurement of an IP includes assessments of alternatives and public comment and, therefore, would exceed the cost provided herein and is not inctuded in this scope.

Regional Water Quality Control Board: An application for 401 Water Quality Certification will be prepared.
* California Department of Fish and Game: An application for a Streambed Alteration Agreement will be prepared.
* Draft copies of the permits will be provided to CVAG for review and approval, submit applications, and follow up with agencies on a monthly basis to ensure proper permit processing. Permit fees are not included in this scope. Completion of this task does not include issuance of permits by regulatory agencies.

H'S202(R20-0003SProposals, Contracts, & Change OrdersSCO22021 -06S20-0(X)3Additional Ssrvices2022-1 1-1 7.docx

Item 5.
' ."s' i ; A.F." i .a ". i a-Ia ll '. [ 1! l I's ( I =s a.'l- : IJ'.'. "i.l Deliverables.

One (1) completed set of permit Applications
Task 2.2.D - Focused Burrowing Owl Surveys
Focused burrowing owl surveys are required where suitable habitat is present. Where applicable, focused burrowing owl surveys will be conducted, as described below. Focused burrow surveys and Tour breeding season focused burrowing owl surveys will need to be performed between March 1 and August 31 (during the breeding season). Focused Burrowing Owl Surveys will consist of visits to the project area on four separate days. This scope of work includes surveys on an estimated 20-acres of suitable habitat. If additional habitat is identified within the project site, additional costs may be required.

Results of the surveys, including the methodology transect width, duration, conditions, and findings, will be incorporated into an MSHCP compliant burrowing owl report. Following one round of review comments, any necessary changes will be incorporated into a final electronic report. Appropriate maps showing burrow locations will be included. If burrowing owls are present, a relocation program and preconstruction surveys may be necessary; this scope does not include costs for any type of relocation program or preconstruction survey. If needed, a cost proposal will be prepared at that time.

Deliverables:
* One (1) completed Burrowing Owl report
Task 2.2.E - Historic Property Survey Report
WEBB will team up with Applied Earthworks (A=) who will prepare the Historic Property Survey Report (HPSR), which includes an Area of Potential Effect (APE) Map that depicts the area impacted by the project, including staging, construction access areas, and any utility and property relocation work. The map will be plotted on an aerial photograph generated by GIS at a scale of 1"=200', with a bar scale. The map will depict the locations of any cultural resources identified in the APE.

The HPSR will summarize consultations and decisions pursuant to Section 106. It will document delineation of the APE, completion of the identification phase, completion of National Register of Historic Places eligibility, evaluation of the resources within the project APE, and, if relevant, a finding of no historic properties affected or no adverse effect with standard conditions. The HPSR will be used to request SHPO's concurrence on determinations of eligibility or ineligibility for properties within the project area of the APE to be evaluated.

Specifically, /E will prepare the necessary cultural resources assessments to satisfy the requirements of the Caltrans' Programmatic Agreement (PA) with the California State Historic Preservation Officer regarding compliance with Section 1€)6 of the National Historic Preservation Act (NHPA) and its implementing regulations, 36 CFR Part 800, which include:
* Utilizing Caltrans' Area of Potential Effects (APE) for the project that considers all direct and indirect impacts to significant cultural resources.
* Completing a records search with the Eastern Information Center (EIC). We assume the EIC records search fee will not exceed $1,000.00. The EIC office is closed and will remain closed indefinitely. However, they are accepting and processing requests via email, albeit at a muchslower pace. The current turnaround time for the EIC literature and records search is H1202(R20-00031Proposals, Contracts, & Change OrdersSCO22C)21-06S20-0003 Additional Services 2022-11-1 7.docx

Item 5.
i " '.( i Si i'l - 7S 8i ai ll "'ri( I IfalE i:(i N'i Fii'.J T i"a t.alEl } [Ct'yiL lo.i approximately 4-6 weeks. Because of the limited staffing situation, this turnaround time may lengthen as a result of circumstances beyond € 's control. * Contacting the NAHC for Sacred Lands Files. The NAHC is experiencing delays in response time. The current turnaround time for the NAHC search is 6-8 weeks. AE also will assist Caltrans in contacting Tribes/individuals identified by the NAHC with local Traditional Use Areas that may have information regarding Native American cultural resources within the project vicinity.

Contact will be initiated by letter and followed by email or telephone. /E will conduct two 30- day follow-ups on behalf of Caltrans.
* In November 2020, K performed a field visit and pedestrian field reconnaissance survey of the Project area for the CEQA process. Therefore, for Caltrans and Section 106 compliance, K will only conduct a pedestrian spot-check survey of the portions of the Project where known resources were observed during the CEQA survey. For the cultural resource spot-check survey, k is not responsible for landowner permissions and access to the Project area. For the purposes of this price estimate, we assume no subsurface testing and no cultural resources requiring documentation or evaluation are present in the Project area.

The portions of the Project along Avenue 48 east of Van Buren and Dillon Road traverse the Cabazon Indian Reservation and the Twenty-Nine Palms Reservation. If right-of-way (ROW) acquisition is required for the Project, extending the Project beyond the existing road ROW, k will need to obtain authorization from the u.s. Bureau of Indian Affairs (BIA) to conduct surveys on tribal lands. If the Cabazon and Twenty-Nine Palms tribes wish to accompany k during the survey on tribal lands, A assumes they will contract directly with the CVAG. This price estimate excludes time to consult with BIA or obtain authorization from the Tribes and BIA to survey because no ROW acquisition is anticipated.
* Assumes no archaeological resources requiring documentation or evaluation will be identified in the APE. AE assumes all built-environment resources within the project area have either been determined ineligible for the NRHP with SHPO concurrence, are outside of the vertical APE, or are exempt from evaluation under the Caltrans PA. Therefore, for the purposes of this proposal, we assume only a single page site record updates to the existing California Department of Parks and Recreation (DPR) forms for the six built-environment resources. If additional cultural resources are encountered during € 's fieldwork, then a contract amendment will be necessary and Project costs will increase in accordance with the size and complexity of each resource. @ Prepare an APE Map, an Archaeological Survey Report (ASR), and a Historic Properties Survey Report (HPSR) to the standards outlined in the Caltrans Standard Environmental Reference (SER) Volume 2, Cultural Resources. Based on our assumptions above regarding builtenvironment eligibility, A: assumes a Historic Resources Eva(uation Report (HRER) will not be required for the project. /E assumes two rounds of comments will need to be addressed following review of each submittal to Caltrans. € 's draft and revised reports will be submitted electronically in MS Word format for ease of review; the final report will be submitted electronically as a PDF file. Our price estimate assumes no hard copies of the draft and revised draft reports, and no more than a total of two (2) hard copies of the final report will be required - one each for Caltrans and the EIC.

Deliverables:
* One (1) completed HPSR package

H:S2020'i2Cl-0003SProposals, Contracts, & Change Orders'iCO2202'l-06S20-0003AddiUonal Services2022-11-17.docx

Item 5.
t.'r -s , a-, op- : '- i'' -} IZ i I' l - ('z: ' 7'i'*.T A':.a1l ':lj aiE' :-i Task 2.2.F: Location Hydraulic Study and Summary Floodplain Encroachment Report WEBB will prepare a Location Hydraulic Study that is consistent with 23 CFR 650 Subpart A, Section 650.111 (b)(c)(d). This analysis will determine if the project would result in minimal or significant encroachment on the base floodplain and if the project is consistent with the existing watershed and floodplain management programs. The study will include but not be limited to the following:
* National Flood Insurance Program (NFIP) maps of information developed by the highway agency. * Evaluation and discussion of the practicability of alternatives to and longitudinal encroachments. * Discussion of commensurate with the significance of the risk or environmental impact, for all alternatives containing encroachments and support floodplain development o The risks associated with implementation of the action o The impacts on natural and beneficial flood-plain values o The support of probably incompatible flood-plain development o The measures to minimize flood-plain impacts associated with the action o The measures to restore and preserve the natural and beneficial floodplain values impacted by the action.
* Summary Floodplain Encroachment Report
WEBB will incorporate revisions from one round of comments from the CVAG prior to finalization and submittal to Caltrans for approval.

Based on recent experience, WEBB believes the preparation of a Water Quality Assessment Report (WQAR) may be required by Caltrans as part of the NEPA process. Therefore, WEBB has included preparation of a WQAR utilizing the current template from Caltrans. The WQAR includes a discussion of the proposed project, the general environmental setting of the project area, and the regulatory framework with respect to water quality. It also provides data on surface water and groundwater resources within the project area and their water quality health, describes water quality impairments and beneficial uses, identifies potential water quality impacts/benefits associated with the proposed project, and recommends avoidance and/or minimization measures for potentially adverse impacts. Information from the Location Hydraulic Study will also be included in the WQAR, as applicable. Revisions to one round of CVAG comments will be incorporated before finalizing the WQAR and submitting to Caltrans for approval.

Deliverables:
@ One (1) completed Location Hydraulic Study Form
* One (1) Summary Floodplain Encroachment Form
* One (1) WQAR
Task 2.2.G: Traffic Impact Study
WEBB will update the Traffic Impact Analysis and prepare a NEPA compliance document as the previously studied intersections. The scope of services is as follows:
* Coordinate with the Cities of La Quinta, Indio, Palm Desert, and Caltrans to obtain the latest signal timing plans.

H:S2020l20-Of)03SPmposals, Conttacts, & Change OrdersSCO22021-06S20-0003Additional Services 2022-11-17.docx

Item 5.

CVAG'S ARTS & MUSIC LINE CONTRACT AMENDMENT
* Review and update with Existing Conditions analysis to reflect the latest signal timings. * Coordinate with the project team to determine the Proposed Project features and Proposed Project Opening Year.
* Update the Opening Year Without and With Project Conditions analysis. * Update the Proposed Project Traffic Operations Study. * Revise the Study based on comments from the project's team. Two rounds of revision are assumed as a part of this effort.
* Prepare a draft NEPA compliance traffic operation study ("NEPA Study"). * Revise the NEPA Study based on comments from the project's team and review agencies.

Two rounds of revision are assumed as a part of this effort. * Attend up to four (4) meetings with the project's team.

Deliverables:
* One(1)draft,one(1)revised,andone(1)finalTrafficOperationsStudy. * One(1)draft,one(1)revised,andone(1)finalNEPAStudy.

Task 3 - Additional Geotechnical Work
Our services are anticipated to include additional drilling of geotechnical borings, laboratory testing, and providing a geotechnical report with geotechnical recommendations for design and construction of the walls.

Task 4 - Artist Assistance
The project art scope has changed so additional assistance from the artist is needed to determine the location of art work.

Task 5 - Drainage
WEBB will additional effort for drainage analysis and prepare report for the La Quinta Evacuation Channel and Dillon Road. WEBB will coordinate with CVWD, City of Indio, and the City of Coachella for review and approval.

Task 6 - Street Design
The project plans include curb and barrier along the route. Because of fire department requirements and budget changes, the barrier width is adjusted. WEBB will provide additional effort to revise street improvement plans.

Task 7 - Intersection
WEBB will revised intersection improvements to include protected corners, bend out, and other innovative treatments to enhance safety and comfort.

Task 8 - CVWD
WEBB will provide additional design and coordination services for the two-way community connector between Avenue 48 and Coachella Valley Storm channel where the CV Link is proposed. WEBB will schedule meeting with the CVWD.

H:S2020l20-0003SProposals, Contracts, & Cihange OrdersSCO22021 -06S20-0003Additional Services2022-1 1-1 7.docx

Item 5.

CVAG'S ARTS & MUSIC LINE CONTRACT AMENDMENT
Task 9 - Street Light
WEBB will provide additional street light design services for the project.

Task 10 - 8tructural Design
WEBB will provide additional structural design services for walls under Highway 11l and Jefferson Street bridges.

Task 11- Legal and Plats
WEBB will prepare 15 legal and plats for additional R/W.

Task 12 - Right of Way Acquisition
WEBB's subconsultant will provide appraisal, property owner coordination, and title investigation services.

Task 13 - Outreach
WEBB will provide public outreach services. The goal of these meetings is to identify the community values, priorities, and concerns throughout the project corridors. WEBB will provide coordination with CVAG, City of Indio, City of La Quinta, City of Coachella, Sunline, and Caltrans.

Task 14 - Project Management and Meetings
WEBB will schedule, chair, and prepare meeting agendas and minutes for all meetings. The agendas will be submitted to the Agency for review two working days before the meeting. The minutes will be distributed to all attendees, everyone who was invited, and the Agency's Project Manager within five working days after the meeting. The minutes shall include, but not be limited to a list of attendees with phone numbers and email, synopsis of discussion items, any pertinent information, action items, and follow-up to action items.

Additional Services
Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our then-current hourly rates. Before commencing the Additional Services, the Consultant shall obtain prior written approval from the Client.

Additional services we can provide include, but are not limited to, the following:
* Attendance at additional meetings beyond those identified in the Scope of Services. * ProvidinganyotherservicesnotexpresslyincludedinthisAgreementornotcustomarilyfurnished by generally accepted practices in theindustry.

H:VO20S20- €003SProposals, Contracts, & Change OrdersSCO22021-06VO-0003Additional Services2022-11-1 7.docx

Item 5.

CVAG'S ARTS & MUSIC LINE CONTRACT AMENDMENT

EXHIBIT B - COMPENSATION FOR ADDITIONAL SCOPE OF SERVICES Services described in our Scope of Work (Exhibit "A") shall be provided on a time and material basis not to exceed $1,060,000.

Compensation Breakdown
Additional Field Survey
NEPA
AdditionaJ Geotechnical Work
Artist Assistance
Drainage
Street Design
Intersection
CVWD
Street Light
Structural Design
Legal and Plats
Right of Way Acquisition
Outreach
Project Management and Meetings
30,000.00
170,000.00
20,000.00
50,000.00
40,000.00
100,000.00
60,000.00
100,000.00
30,000.00
80,000.00
60,000.00
150,000.00
50,000.00
120,000.00
1,060,000.00

H:S2(12(R20-00031Proposals, Contracts, & Change OmersSCO22021 -Cl6S2C)-0003Additional Services2022-1 1-1 7.docx

Item 5.

Arts and Music Line Site Map

Item 5.

STAFF REPORT
2/8/2023
TO: Honorable Mayor and City Council Members
FROM: Castulo Estrada, Utilities Manager
SUBJECT: Authorization to file a Notice of Completion for City Project No. S-24, Avenue 48 and Harrison Street Sewer Improvements
STAFF RECOMMENDATION:

Accept the City Project No. S-24 Avenue 48 and Harrison Street Sewer Improvements as complete and direct the City Clerk to file a Notice of Completion attached hereto with the County of Riverside.

BACKGROUND:

On December 8, 2021 the City of Coachella acted to authorize the City Manager to execute a construction contract with Jones Bros Construction Company in the amount $2,031,522.30 and an amount of $203,152.23 for contingency for the construction of the Avenue 48 and Harrison Street Sewer Improvements, City Project S-24.

City Staff has, in order to maximize funds and be as efficient as possible, requested public bids in accordance with City Standards and in compliance with the California Public Contract Code, with seven companies submitting bids for this project. The Avenue 48 and Harrison Street Sewer Improvements Project installed a new sewer line and facilities along Ave 48 and Harrison Street allowing current and future developments to utilize the City’s sewer system improving the overall sanitation and health of the City and its residents.

DISCUSSION/ANALYSIS:

City Staff has inspected the Project and found the improvements to be in accordance with the plans, specifications, and applicable standards. Staff recommends the acceptance of this project and that the City Council authorizes the filing of a Notice of Completion. Upon acceptance by City Council, the Project will enter a one-year warranty period as prescribed by the project contract agreement.

FISCAL IMPACT:

No Fiscal Impact to General Fund. A Construction and Contingency Budget was approved in the amount of $2,234,674.53. A contract was awarded with an original contract amount $2,031,522.30 plus 10% for contingencies with Contract Change Orders #1-2 totaling $102,124.73. The project was constructed within budget including all quantities totaling $2,133,647.03, with a remaining budget of $ 101,027.50.

Item 6.

To be recorded with County Recorder
within 10 days after completion and
Acceptance. No recording fee.

When Recorded, return to:

City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as Avenue 48 and Harrison Street Sewer Improvements, City Project No. S-24 has been completed and was accepted by the undersigned awarding authority on the date hereof.

The sewer improvements are located within City right-of-way and within the City of Coachella.

The contractor on such work was Jones Bros Construction Company and the surety on his bond is The Ohio Casualty Insurance Company located at 1001 4Th Avenue Suite 1300, Seattle, WA 98154.

The real property upon which said work was performed is in the City of Coachella, County of Riverside, and State of California.

The nature of the interest of the owner is in fee.

Date: February 08, 2023 City of Coachella
(Date of Acceptance) (Name of Political Subdivision)
Owner Address:
53990 Enterprise Way
Coachella, CA 92236
By:________________________________
Steven A. Hernandez
Title: _________Mayor_________
State of California)
) ss
County of Riverside)
I hereby certify that I am the City Clerk of the governing board of the City of Coachella, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct.

Executed at Coachella , California on (Date)
(City Where Signed)
________________________________
Angela Zepeda, City Clerk, City of Coachella County Counsel Form 1 (Rev. 5-64)

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Item 7.

STAFF REPORT
2/8/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize operation of a beer garden on Saturday, March 25, 2023 from 5pm9pm at Veterans Memorial Park for the 2023 Coachella Mariachi Festival.

STAFF RECOMMENDATION:

Authorize operation of a beer garden on Saturday, March 25, 2023 from 5pm-9pm at Veterans Memorial Park for the 2023 Coachella Mariachi Festival.

EXECUTIVE SUMMARY:

The Coachella Mariachi Festival is a spring event that has occurred since 2017 at Veterans Memorial Park. Staff is recommending the event take place on Saturday, March 25, 2023 from 5pm to 9pm. This year’s event is recommended to also take place at Veterans Memorial Park, 1500 Fourth Street, Coachella.

Starting at 5pm the event will highlight four different mariachi groups and one folklorico dance performance. Also available during the event will be: inflatable slides, lawn games, mechanical bull rides, food vendors and a beer garden. This is a free community event and has no admission or parking fees.

Staff is requesting authorization to allow the operation of a beer garden, from 5pm-9pm. Beer garden operator will be selected based on published request for proposals for local Coachella businesses with appropriate alcohol license/permit.

FISCAL IMPACT:

None.

Item 8.

STAFF REPORT
2/8/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize City Manager to execute a letter agreement with Zambelli Fireworks for a special event pyrotechnic program for the City’s 2023 Fourth of July program, in the amount not to exceed $45,000.

STAFF RECOMMENDATION:

Authorize the City Manager to execute a letter agreement with Zambelli Fireworks for special event pyrotechnic program for the City’s 2023 Fourth of July program, in the amount not to exceed $45,000.

EXECUTIVE SUMMARY:

Staff solicited bids for a twenty-minute pyrotechnic special event program for the 2023 Fourth of July Program. Staff is recommending the event date be July 1, 2023 (Saturday); last year the event was held on Friday, July 1. Please see the below responses received.

Vendor 20-minute Show Number of Shells
Zambelli Fireworks $45,000 14,478 / 9,518
Fireworks America Non-Responsive N/A
Pyro Spectacular Non-Responsive N/A
Staff is recommending authorization to award the 2023 Fourth of July pyrotechnic program to Zambelli Fireworks.

FISCAL IMPACT:

None.

Attachment: Proposed Letter Agreement

Item 9.
1 February 8, 2023
Zambelli Fireworks Manufacturing Co.
120 Marshall Drive, Warrendale, PA 15086
Re: Letter of Agreement for 2023 Fourth of July Event
Dear Mr. Rieck:

This letter shall be our Agreement regarding the July 1, 2023 Fireworks Display described below (“Services”) to be provided by Zambelli Fireworks Manufacturing Co., a corporation, (“Contractor”) as an independent contractor to the City of Coachella for the City’s 2023 Fourth of July Event (“Project”).

The Services to be provided include the following: twenty minute fireworks display on July 1, 2023 at Bagdouma Park. The Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference.

Contractor shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. 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 Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation for the above services shall not exceed Forty Five Thousand Dollars and No Cents ($45,000.00).

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 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, 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 Agreement. 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 the Contractor’s principal place of business and at the project site.

Contractor shall defend, indemnify and hold the City, its elected 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 shall provide proof of commercial general liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services.

If Contractor is an employer or otherwise hires one or more employees during the term of this Project, Contractor shall also provide proof of workers’ compensation coverage for such employees which meets all requirements of state law.

Invoices shall be submitted to the City as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project

Item 9.
2 shall be completed on July 1, 2023. The City may terminate this Letter of Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter of Agreement without cause before Project completion, Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Letter of Agreement for cause only.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages, and injuries to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services or this Agreement, including, without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor’s Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or 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 directors, officials officers, employees, agents, or volunteers.

If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records.

CITY OF COACHELLA CONTRACTOR
Approved by: Reviewed and Accepted by Contractor:

Gabriel D. Martin, PhD Signature
City Manager
Michael Rieck
Name
President
Title

Date

Item 9.
3 EXHIBIT ‘A’

Item 9.

City of Coachella Independence Day 2023
20 Minute Fireworks Celebration

Zambelli Fireworks
John Hagan
800-322-7142
502-220-7944
[email protected]
Shafter, CA

Item 9.

FIREWORKS PROPOSAL
City of Coachella
Bagdouma Park
2023 July Fireworks Celebration
Show Date Options: Saturday July 1, Sunday July 2,
Show Budget: $45,000 * 20-minute display (an all-inclusive show budget).

Insurance Liability Coverage: $10 Million dollars per incident clause to cover the Fireworks Display. Zambelli uses the highest insurance premium in the industry, only offered to “AAA” rated companies.

State, Local and Federal Permits: Zambelli Fireworks will secure all necessary state, local and federal permits / required licenses.

Transportation Liability Coverage: $5 Million dollars as required by United States Department of Transportation. (DOT)
Workers Compensation: Pyrotechnicians will meet all of the requirements of the Workers Compensation Laws of California
Site Security and Fire Protection: Customer will assist in providing site security and make arrangements with the Authorities Having Jurisdiction.

Transportation: Fireworks and equipment will be delivered by qualified CDL drivers with Haz-Mat endorsed licenses as required by US DOT.

Personnel: Zambelli Certified Pyrotechnicians and Trained Assistants; no subcontractors used.

Safety Procedures: Zambelli Fireworks adheres to all safety regulations.

NFPA 1123 code will be strictly enforced.

Item 9.
2023 CITY OF COACHELLA JULY FIREWORKS

SYNOPSIS FOR A TWENTY MINUTE DISPLAY
=================================================================

DEVICE DESCRIPTION QUANTITY
=================================================================

ZAMBELLI MULTI SHOT DEVICES (CAKES)
QUANTITY TWO EACH:
35 Shot Rainbow Dahlias w/Assorted Colored Tails 70
35 Shot Variegated Moons w/Titanium Reports and Tail 70 35 Shot Gold Brocade Waterfalls w/Gold Tails 70
35 Shot Green and Purple Moon Fan Box w/Green Tail 70
35 Shot Rainbow Crossettes w/Assorted Color Tails Fan Box 70 35 Shot Colorful Pears w/Reports 70
35 Shot Screaming Silver Dervish 70
QUANTITY FOUR EACH:
36 Shot Super Brocade w/Gold Tails Fan Box 144
36 Shot Rainbow Crossettes w/Assorted Color Tails Fan Box 144 36 Shot Variegated Chrysanthemum w/Palm and Silver Tails Fan Box 144 36 Shot Thunder Tourbillions w/Red and Blue Mines Fan Box 144 36 Shot Gold Brocade Waterfalls w/Gold Tails Fan Box 144 36 Shot Falling Leaves to Cracking Willow 144
36 Shot Crackling Coconut Palm with Color Pistil 144
QUANTITY FOUR EACH:
100 Shot Variegated Chrysanthemum w/Palm and Silver Tails 400 100 Shot Red Crackling and Green Glittering w/Purple Mines 400 100 Shot Silver Crackling Flowers w/Silver Tails 400
100 Shot Brocade Crown w/Brocade Tail 400
100 Shot Silver Bees 400
100 Shot Variegated Chrysanthemum w/Palm and Silver Tails 400 100 Shot Red Crackling and Green Glittering w/Purple Mines 400 QUANTITY TEN EACH:
400 Shot V -Shaped Special Effect Multi Shot Repeater 4000 408 Shot Z -Shaped Special Effect Multi Shot Repeater 4080 TOTAL NUMBER OF MULTI EFFECT SHOTS 12,378

TWO AND A HALF INCH DIAMETER SHELLS
Two and Half Inch Zambelli Specialty Shells 200
Two and Half Inch Palm Shells 200
Two and Half Inch Tourbillion Shells 200
Two and Half Inch Dahlia Shells 200
Two and Half Inch Chrysanthemum Shells 200
Two and Half Inch Serpent Effect Shells 200
Two and Half Inch Multi-Effect Shells 200
Two and Half Inch Zambelli Salute Shells 200
TOTAL NUMBER OF TWO AND HALF INCH DIAMETER SHELLS BODY 1600

ZAMBELLI GRAND FINALE
Two and Half Inch Assorted Color Finale Display Shells 200 Two and Half Inch Titanium Salute Report Shells 200
Two and Half Inch Zambelli Specialty Finale Display Shells 100 TOTAL NUMBER OF GRAND FINALE SHELLS 500
TOTAL NUMBER OF SHOTS/ SHELLS IN THE DISPLAY 14,478

Item 9.

SAMPLE

Item 9.

STAFF REPORT
9/14/2022
TO: Honorable Mayor and City Council Members
FROM: Carlos Campos, City Attorney
SUBJECT: Discussion on Commission Member Appointments
STAFF RECOMMENDATION:

Staff is seeking direction on the upcoming appointments of various City Commission per Municipal Code 2.26 – Commission Member Requirements.

BACKGROUND:

Under the Municipal Code 2.26 – Commission Member Requirements it indicates the process of appointment for each commission that has been set by the City Council. On February 10, 2023, the City Council approved Ordinance 1172, which amended section 2.26.020 – Appointments.

DISCUSSION/ANALYSIS:

Staff is seeking direction on the upcoming appointments of various City Commission per Municipal Code 2.26
FISCAL IMPACT:

No fiscal impacts
ATTACHMENT(S):
 Municipal Code 2.26 – Commission Member Requirements
 Ordinance 1172 – Amendments regarding City commission and committee appointments

Item 10.

Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.26 COMMISSION MEMBER REQUIREMENTS
Coachella, California, Code of Ordinances Created: 2022-06-06 10:54:09 [EST] (Supp. No. 24)

Chapter 2.26 COMMISSION MEMBER REQUIREMENTS

2.26.010 Definitions.
"Commission" means a group of city council-appointed persons having limited legislative powers to make decisions or recommendations to the city council on city issues. ( Ord. No. 1137 , § 2, 4-10-19)

2.26.020 Appointment.

A. The number of members on each commission shall be set by the city council.

B. Unless otherwise provided in this code or by other law, each council member may nominate an individual to serve on each city commission and committee subject to appointment by the mayor, with approval by the city council, at open session of a regular or special city council meeting. If a council member fails to nominate an individual, the mayor may appoint someone with approval by the city council.

C. Members of the city council may be appointed by the majority of the city council to be nonvoting, ex-official members of a commission.

D. In the event of an interim vacancy, the council member who nominated the vacating member may nominate another individual, subject to appointment by the mayor with approval by the city council, for the unexpired term of the member replaced.
( Ord. No. 1137 , § 2, 4-10-19; Ord. No. 1172 , § 1, 2-10-21)

2.26.030 Qualifications.

A. Unless otherwise specified in the code:

1. All members of commissions shall be residents of the city.

2. An individual may serve on only one commission at any time.

3. No member of a commission shall be an employee of the city.

4. If a commission member ceases to meet the required qualifications, he or she shall be disqualified from being a member of that commission.
( Ord. No. 1137 , § 2, 4-10-19)

2.26.040 Term.

Members of commissions shall be appointed for four year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member's term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member's previous nominee. ( Ord. No. 1137 , § 2, 4-10-19; Ord. No. 1172 , § 1, 2-10-21)

Item 10.

Created: 2022-06-06 10:54:09 [EST]
(Supp. No. 24)

2.26.050 Organization/meetings.

A. Unless otherwise provided in the code:

1. Each January, commissions will organize and elect a chairperson and vice-chairperson from their membership for a one-year term. In the chairperson's or vice-chairperson's absence or disability, the commission may designate a chairperson or vice-chairperson pro tempore. Vacancies in either the chairperson or vice-chairperson position occurring prior to January may be filled as in the first instance, and a new chairperson or vice chairperson may be chosen at any time by majority vote of all members of the commission.

2. Regular meetings may be held on a day and time established by the commission and may be amended from time to time.

3. Each commission shall follow such rules and regulation established by the city council for the conduct of its business.

4. Special meetings may be called by the chairperson or a majority of the commission in accordance with state law.

5. The city manager shall designate an ex-officio staff person to serve as secretary and custodian of records who will not have a vote.

6. Minutes must be kept of all meetings and the secretary will deliver copies of minutes to the city manager and city clerk for filing and distribution to commission members.

7. A quorum shall be a majority of the commission.
( Ord. No. 1137 , § 2, 4-10-19)

2.26.060 Purpose, power, and duties.

A. The purpose, powers and duties of all commissions are determined by the city council and set forth in the code section specific to each. From time to time, the city council may expand or retract powers and duties either temporarily or permanently and may, by ordinance or resolution, amend any chapter or section of this code.

B. Compensation for commissions shall be as set by ordinance or resolution of the city council. ( Ord. No. 1137 , § 2, 4-10-19)

2.26.070 Removal of members.

A. Unless otherwise specified in the code:

1. A member of any commission may be removed at any time, with or without cause, by a four-fifths (⅘) vote of the city council. Such removal must be announced at a public meeting of the city council.

2. If a commission member fails to attend three consecutive meetings, unless excused for cause by the commission chairperson, that member's office is deemed vacant and the member's term ended. It shall be the responsibility of the chairperson to report attendance at each meeting of the commission to the city clerk.

Item 10.

Created: 2022-06-06 10:54:09 [EST]
(Supp. No. 24)

3. Members will also be automatically removed for violating the Political Reform Act of 1974 as determined by the appropriate agency with authority to render such decisions or failing to comply with mandatory ethics training or conflict-of-interest filings required by the state or the city. ( Ord. No. 1137 , § 2, 4-10-19)

Item 10.

ORDINANCE NO. 1172

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, REGARDING CITY COMMISSION AND
COMMITTEE APPOINTMENTS.

THE CITY COUNCIL OF THE CITY OF COACHELLA DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment to Coachella Municipal Code. Coachella Municipal Code Chapter 2.26 Commission Member Requirements, Section 2.26.020 is hereby amended as follows:
“2.26.020 - Appointment.

A. The number of members on each commission shall be set by the city council.

B. Unless otherwise provided in this code or by other law, each council member may nominate an individual to serve on each city commission and committee subject to appointments by the mayor, with approval by the city council, at open session of a regular or special city council meeting. If a council member fails to nominate an individual, the mayor may appoint someone with approval by the city council.

C. Members of the city council may be appointed by the majority of the city council to be nonvoting, ex-official members of a commission.

D. In the event of an interim vacancy, the council member who nominated the vacating member may nominate another individual, subject to appointment by the mayor with approval by the city council, for the unexpired term of the member replaced.” SECTION 2. Amendment to Coachella Municipal Code. Coachella Municipal Code Chapter 2.26 Commission Member Requirements, Section 2.26.040 is hereby amended as follows:
“2.26.040 - Term.

Members of commissions shall be appointed for four year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

SECTION 3. Amendment to Coachella Municipal Code. Coachella Municipal Code Chapter 2.28 Parks and Recreation Commission, is hereby amended as follows:
“Chapter 2.28 - PARKS AND RECREATION COMMISSION

2.28.010 - Powers and duties.

Item 10.

Ordinance No. 1172

There shall be a parks and recreation commission consisting of five members and one alternate member; all members shall be adults. Their duties shall include:

1. Act in an advisory capacity to the city council in all matters pertaining to parks and recreation.

2. Promote and stimulate interest in recreational programs.

3. Recommend policies for improving parks and playgrounds.

4. To consider, advise and make recommendations to the city council relative to:
a. Methods and policies for the acquisition, planning, development and improvement of public recreation facilities, including parks, playgrounds and special use facilities and including the selection of contract consultants for the implementation of such activities; b. Permits, fees and charges to be made for recreation programs and for the use of public recreation facilities, including parks, playgrounds, and special use facilities; c. Rules and regulations for the use of existing public recreation facilities, including parks, playgrounds and special use facilities, with an emphasis on equal opportunity of use and on minimizing adverse environmental impacts.

5. The city council shall respect the responsibilities of the commission and, accordingly, will endeavor, in good faith, to refer matters pertaining to parks and recreation to the commission for advice and recommendations. Notwithstanding the forgoing, nothing in this code shall prohibit the city council from acting on urgent or other matters without referring the same to the commission.

2.28.020 – Organization and procedure.

The parks and recreation commission shall follow the provisions in Chapter 2.26.

SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or

Item 10.

Ordinance No. 1172

more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 7. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose
PASSED, APPROVED and ADOPTED this 10th day of February 2021. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
____________________________
Carlos Campos
City Attorney

Item 10.

Ordinance No. 1172

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Ordinance No 1172 was duly and regularly introduced at a meeting of the City Council on the 27th day of January 2021, and that thereafter the said ordinance amendment was duly passed and adopted on the 10th day of February 2021.

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

NOES: None.

ABSENT: None.

ABSTAIN: None.
___________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Item 10.