Agenda packet — Coachella City Council, February 22, 2023

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

OF A REGULAR MEETING
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 22, 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.

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Agenda City Council Closed Session and Regular Meeting February 22, 2023

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 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. 2023-08 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 REAL PROPERTY NEGOTIATOR
Property: 85-711 Peter Rabbit Lane
Agency Negotiator: City Manager and Development Services Director Negotiating Parties: Hidden Harvest, Inc.

Under Negotiation: Prices and Terms
RECONVENE REGULAR MEETING: - 6:00 P.M.

ROLL CALL:

PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

PROCLAMATIONS/PRESENTATIONS:

1. Proclamation for Andrea Carranza.

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.)

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Agenda City Council Closed Session and Regular Meeting February 22, 2023

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2. Special Meeting Minutes of February 3, 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.

3. Meeting Minutes of February 8, 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.

4. Investment Report October 2022.

5. Authorize a Community-Based Grant to Culturas Music and Arts in the amount of $3,000 to support its Women Rising Event.

6. Approve a Community Based Grant to the American Outreach Foundation in the amount of $1,000.

7. Voucher Listing- EFT's/Utility Billing Refunds/FY 2022-23 Expenditures as of February 22, 2023, $5,314,825.81.

8. Approve a Community Based Grant to the Coachella Youth Baseball and Softball Association in the Amount of $1,000.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

9. Greater Coachella Valley Chamber of Commerce July 1, 2022 – January 31, 2023.

10. Authorize City Manager to execute Change Order #1 in an amount of $192,882.00 plus 15% contingency and authorize appropriation of $159,383.28 from General Fund for the Bagdouma Court Improvements Project – City Project P-21, CDBG Project No. 4.CO.24-20.

11. Consideration to fill five (5) Planning Commission Vacancies.

12. Authorize the City Manager to execute a Professional Services Agreement with Dokken Engineering for the Grapefruit/Airport Boulevard Crossing Water Transmission Main Project in the amount of $413,028.00.

13. Authorize an Operating Agreement with Bound Corporation for Scooters and E-Bikes.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

14. Coachella Entertainment Park (EP No. 22-01 36-Month Renewal Request - Adopt Resolution No. 2023-09 approving a renewal of Entertainment Permit No. 22-01 for the Coachella Entertainment Park outdoor entertainment venue located on a 1.24 acre site at 85-994 Grapefruit Blvd (APN# 778-030-005 and 778- 180-001). Applicant: Nicolas Meza.

15. Adopt Resolution No. 2023-10 to approve the financing of the Tripoli CIC, LP, (the “Borrower”) by the California Municipal Finance Authority (CMFA) and conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount

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Agenda City Council Closed Session and Regular Meeting February 22, 2023

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not to exceed $40,000,000, (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California (the “Project”).

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

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81211.00100\34422055.2
RESOLUTION NO. 2023-08

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

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Item 1.
81211.00100\34922055.2
Resolution No. 2023-08

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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 22 day of February 2023. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 1.

WHEREAS, after 18 years of service, Andrea Carranza has announced her retirement from the City of Coachella effective December 31, 2022.

WHEREAS, in her early years she wrote, photographed, designed and produced the City’s newsletter, prepared press releases, organized and chaired special events and WHEREAS, she grew the daytime Christmas parade to the first ever nighttime lit parade and saw attendance grow by 10,000 and graphically redesigned the colorful Coachella City logo and WHEREAS, her many certifications include Municipal Clerk, Master Municipal Clerk, FEMA, Local Government Archives and Records Management Administration, Computer and Graphics design and
WHEREAS, she is the City’s Election Official and has conducted elections for the past 12 years and twice contributed to redesigning the City’s website and WHEREAS, Andrea is looking forward to retirement but most importantly spoiling her grandchildren.

NOW THEREFORE, I, Steven A. Hernandez, Mayor of the City of Coachella, by the power vested in me, do hereby recognize
Andrea Carranza
and urge all citizens of the City of Coachella to congratulate her on her retirement.

IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 22nd day of
February 2023.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California

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Item 1.

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

MINUTES

CITY COUNCIL SPECIAL 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 February 03, 2023
4:30 PM Regular Meeting
CALL TO ORDER:

The Special Meeting of the City Council of the City of Coachella was called to order at 4:30 p.m.by Mayor Hernandez.

ROLL CALL:

Present: Councilmember Figueroa, Mayor Pro Tem Galarza, and Mayor Hernandez

Absent: Councilmember Delgado, Councilmember Virgen, City Treasurer Aviles, City Clerk Zepeda
Pursuant to Assembly Bill 361, along with the Governor’s State of Emergency Declaration issued on March 4, 2020, this meeting was conducted via teleconference.

APPROVAL OF AGENDA:

There were no modifications to the agenda.

Motion: To approve the agenda as presented
Made by: Councilmember Figueroa
Seconded by: Mayor Pro Tem Galarza
Approved: 3-0 by the following roll call vote
AYES: Councilmember Figueroa, Mayor Pro Tem Galarza, Mayor Hernandez NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado, Councilmember Virgen

1. Resolution No. 2023-05 a Resolution to Continue Fully or Partially Virtual Meetings (AB 361)

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Item 2.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA February 03, 2023

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2. Resolution No. 2023-04, Appointment of William Pattison as Finance Director on an Interim Basis Motion: To approve per staff recommendation
Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Figueroa
Approved: 3-0 by the following roll call vote
AYES: Councilmember Figueroa, Mayor Pro Tem Galarza, Mayor Hernandez NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado, Councilmember Virgen
ADJOURNMENT:
4:33 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

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Item 2.

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

MINUTES

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, AND SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY February 08, 2023
6:00 PM Regular Meeting
CALL TO ORDER:

The Regular Meeting of the City Council of the City of Coachella was called to order at 6:01 p.m. by Mayor Hernandez.

ROLL CALL:

Present: Councilmember Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Pro Tem Galarza, Mayor Hernandez

Absent: City Clerk Zepeda
VIRTUAL PUBLIC MEETINGS:

1. Resolution No. 2023-06 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 Virgen
Approved: 5-0, by a unanimous voice vote
APPROVAL OF AGENDA:

City Manager had no changes to the Agenda.

Motion: To approve per staff recommendation
Made by: Mayor Hernandez
Seconded by: Mayor Pro Tem Galarza
Approved: 5-0, by a unanimous voice vote

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Item 3.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA February 08, 2023

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PLEDGE OF ALLEGIANCE:

Pledge of Allegiance was led by City Manager Martin.

PROCLAMATIONS/PRESENTATIONS:

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

None
CONSENT CALENDAR:

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.

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.

Motion: To approve per staff recommendation, Consent Calendar Items 4 through 9 Made by: Councilmember Figueroa
Seconded by: Mayor Hernandez
Approved: 5-0, by a unanimous voice vote
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

10. Discussion on Commission Member Appointments

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Item 3.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA February 08, 2023

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PUBLIC COMMENTS (NON-AGENDA ITEMS):

Umberto Reyes invited the entire staff to participate at Career Day.

REPORTS AND REQUESTS:

Council agreed with staff to extend commission(s) application deadline to early April.

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 7:06 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

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Item 3.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: William Pattison, Interim Finance Director
SUBJECT: Investment Report – October 2022
STAFF RECOMMENDATION:

Staff recommends that the City Council receive and file the investment report for October of 2022.

EXECUTIVE SUMMARY:

On June 8, 2022, the City of Coachella along with its component units (Sanitary District, Educational & Governmental Access Cable Corporation, Fire Protection District and Water Authority) approved and adopted the current “Statement of Investment Policy”.

Pursuant to Section 16 of that policy, the City Treasurer shall provide to the City Council a monthly investment report which provides a clear picture of the status of the current investment portfolio.

This report shall include, at a minimum, the following information for each type of investment held in the City’s investment portfolio: the issuer; amount of investment; current market value; yield on investment; income generated from investments; dollar amount invested on all securities, investments and moneys held by the local agency; and shall additionally include a description of any of the local agency’s funds, investments, or programs; and a description of unusual investment activity or developments during the month for which the report is prepared. This information shall be provided for all City and component unit pooled investments, as well as for bond accounts, which are managed by outside Fiscal Agents.

The interest rates presented are the most current rates available as of the date of these reports. The market values presented for pooled City investments are based on closing prices for the related investments as of the date of these reports. This information was obtained from the Wall Street Journal or other reliable sources of market prices.

The Market values presented for investments managed by fiscal agents are based on amounts reported by the fiscal agent on their investment statements. The purchase date and type of investment are not included for funds held by fiscal agents.

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Item 4.

Attached is the Treasurer’s Report of Investments which includes an overview on investments which provides information on investment activity, withdrawals and deposits, interest earned, payment of interest and payment of principal as of the months ended October 31, 2022. In addition, this report includes detailed information and current activity on individual investments.

All City investments are in compliance with the guidelines established for Authorized Investments as specified in the Investment Policy, Section 8.

There was no unusual investment activity to report.

The City and Districts have sufficient moneys to meet their expenditure requirements for the next six months.

FISCAL IMPACT:

None, this report is receive and file only.

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Item 4.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 9/30/2022 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 10/31/2022 CASH ON HAND Wells Fargo-General Checking N/A (1,241,717.67) 7,035,171.44 - - 5,793,453.77 - Wells Fargo-Road Maintenance N/A (233,521.47) 1,595,700.80 - 1,362,179.33 -Wells Fargo-Gas Tax N/A 93,977.28 280,226.10 - - - 374,203.38 Mechanics Bank - Payroll Acct N/A (257,251.11) 259,999.81 - - - 2,748.70 Petty Cash N/A - 6,000.00 - - 6,000.00 Total Cash on Hand 9,177,098.15 (1,638,512.97) - - - 7,538,585.18

INVESTMENTS
State of California - LAIF 1.77% - 17,940,295.32 61,048.17 - 18,001,343.49 - Investment Management Acct 1.37% (65,677.93) 32,700,817.83 - 32,635,139.90 - Total Investments 50,641,113.15 (65,677.93) 61,048.17 - - 50,636,483.39

CASH WITH FISCAL AGENT
US Bank varies 93,824.72 89,032.20 166.98 - - 183,023.90 ① Wells Fargo Bank, N.A. 5.83% 32.39 - 0.05 - - 32.44 ②
Wilmington Trust, N. A. 0.03% - 1,163,100.36 2,547.82 - 1,165,648.18 - ③ Total Cash with Fiscal Agent 1,252,164.95 93,824.72 2,714.85 - - 1,348,704.52 Grand Total 61,070,376.25 (1,610,366.18) 63,763.02 ‐ ‐ 59,523,773.09 Completed By:Reviewed By: William Pattison-Interim Finance Director

CITY OF COACHELLA

TREASURER'S REPORT - INVESTMENT REPORT
As of October 31, 2022
Fiscal Year 2022-2023

DESCRIPTION
Blanca Flores, Finance Manager

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Item 4.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 9/30/2022 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 10/31/2022

CITY OF COACHELLA

TREASURER'S REPORT - INVESTMENT REPORT
As of October 31, 2022
Fiscal Year 2022-2023

DESCRIPTION
CASH WITH FISCAL AGENTUS BANK
COACHELLA FINANCING AUTHORITY
Successor Agency to the Coachella Redevelopments Agency 2014 SeriesA/C #: 6712104701 Debt Service Fund 0.00% 1.20 658.87 - - 660.07 A/C #: 6712104702 Interest Account 0.00% - - - -
A/C #: 6712104703 Principal Account 0.00% - - - -
COACHELLA SANITARY DISTRICT
WASTEWATER SERIES 2015AA/C #: 6712148601 Bond Fund 0.00% 23.68 23.10 90.94 - - 137.72 A/C #: 6712148602 Interest Account 0.00% (60,735.61) 60,712.51 23.10 - - 0.00 A/C #: 6712148603 Principal Account 0.00% - - - - - -
COACHELLA SANITARY DISTRICT: PROJECT FUND 2011
A/C #: 6711963500 Project Fund 2011 0.0100% - 25,387.93 47.67 - - 25,435.60

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Item 4.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 9/30/2022 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 10/31/2022

CITY OF COACHELLA

TREASURER'S REPORT - INVESTMENT REPORT
As of October 31, 2022
Fiscal Year 2022-2023

DESCRIPTION
COACHELLA SUCCESSOR AGENCY
MERGED PROJECT AREAS BONDS 98 & 99: BONDS 2013A/C #: 6712071401 Interest Account 0.00% 414.14 0.75 - - 414.89 A/C #: 6712071402 Interest Account 0.00% - - - -
A/C #: 6712071403 Principal Account 0.00% - - - - SA TO COACHELLA RDA REFUNDING BONDS SERIES 2016A & 2016B A/C #: 6712160601 Debt Service 0.00% 3.11 1,706.88 - - 1,709.99 A/C #: 6712160602 Interest Account 0.00% - - - -
A/C #: 6712160603 Principal Account 0.00% - - - - COACHELLA LEASE BONDS 2016 A/C #: 6712179801 Payment Account 0.0000% 128.14 154,537.23 0.21 - - 154,665.58 A/C #: 6712179802 Interest Account 0.0000% 0.05 - - - - 0.05 A/C #: 6712179803 Principal Account 0.0000% - - - - - - TOTAL US BANK OF CALIFORNIA 89,032.20 93,824.72 166.98 ‐ 183, ‐ 023.90 ① WELLS FARGO BANK, N.A.

GAS TAX BONDS SERIES 2019A/C #: 83925300 Debt Service Fund 0.0000% 6.47 - 0.01 - - 6.48 A/C #: 83925301 Interest Account 0.0000% 8.30 - 0.01 - - 8.31A/C #: 83925302 Principal Account 0.0000% 17.62 - 0.03 - - 17.65 TOTAL WELLS FARGO BANK, N.A. 32.39 ‐ 0.05 ‐ ‐ 32.44 ②

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Item 4.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 9/30/2022 (WITHDRAWALS) CHANGE IN VALUE INTEREST PRINCIPAL 10/31/2022

CITY OF COACHELLA

TREASURER'S REPORT - INVESTMENT REPORT
As of October 31, 2022
Fiscal Year 2022-2023

DESCRIPTION
WILMINGTON TRUST, N. A.

CITY OF COACHELLA TAXABLE PENSION OBLIGATION BONDSA/C #: 144613-001 Interest Account 0.03% - - - - - - A/C #: 144613-002 Principal Account 0.00% - - - - - -CITY OF COACHELLA 2022A BOND FUND A/C #: 154278-000 Bond Fund 1.76% 1,911.88 2,957.75 10.26 - - 4,879.89 A/C #: 154278-001 Interest Account 0.00% - - - - - -
A/C #: 154278-002 Principal Account 0.00% - - - - - -A/C #: 154278-004 Project FD Account 1.76% (1,911.88) 1,160,030.25 2,537.25 1,160,655.62 CITY OF COACHELLA 2022B BOND FUND
A/C #: 155657-000 Bond Fund 1.76% 0.31 112.36 - - 112.67 A/C #: 155657-001 Interest Account 0.00% - - - -
A/C #: 155657-002 Principal Account 0.00% - - - -A/C #: 155657-004 COI Account 0.00% - - - - - - TOTAL WILMINGTGON TRUST BANK, N.A. 1,163,100.36 ‐ 2, ‐ 547.82 ‐ 1,165,648.18 ③ TOTAL CASH WITH FISCAL AGENT 93,824.72 1,252,164.95 2,714.85 - - 1,348,704.52

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Item 4.

CITY OF COACHELLA, CA

COMMUNITY BASED GRANT PROGRAM

APPLICATION FOR FUNDS REQUEST
Please Type Information and Print
Information entered in the provided spaces cannot be saved. (Attach additional pages as needed, however applicants are encouraged to be brief.)

1. Application Funding Cycle: Date:

July 1, 20 - June 30, 20

2. Total Amount Requested: $
If requesting waiver of City fees or charges, please indicate the City service for which the waiver is being requested.

3. Proposed Program/Service of Funding Request:

4. Agency/Organization:

5. Mailing Address:

City: Zip:

6. Telephone:

Fax:

7. Official Contact Person:

Name:

Title:

Telephone:

Fax:

E-mail:
02/13/2023
22 23
3,000.00
Women Rising Event
Oralia Ortiz
Director
(760) 673-8295
[email protected]
Culturas Music and Arts
85092 Damascus Avenue
Coachella, CA 92236
(760) 673-8295

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Item 5.

8. Does this organization have a non-profit status with the Internal Revenue Service (IRS)? Yes No (Attach documentation)

9. How long has this organization been in existence?

10. Has the organization previously received funding from the City of Coachella? Yes No
If yes, please identify the program/service, total prior grant allocation, and the fiscal year in which the funds were received.

11. Is this request for a New or Existing program/service within the City?

12. What is the anticipated time frame to provide the proposed program/service and the expenditure of the requested funds?

13. Describe briefly how the requested funds will be used.

14. Will the program/service require additional funding sources? If so, identify all funding sources and provide the steps taken to acquire funding.

15. If the program/service is planned to continue beyond the period provided by this grant, what funding plans are there to sustain the program/service?

16. How will the proposed program/service serve City of Coachella residents? Will the proposed program/service also serve non-Coachella residents? Please describe.

17. Describe the characteristics of the clients the proposed program/service anticipates to serve (i.e. age group, gender, income level, ethnicity, etc.)

18. Attach a proposed budget for requested funds.

Authorized Official: Title:

Signature: Or Date: alia Ortiz 02/13/2023
✔
✔
✔
12 years
Funding for Synergy Festival FY 21-22
Event is a one-day event on March 25, 2023
Funds will be used to offset expenses associated with putting on the event (see budget) N/A
N/A
This event is open to everyone, including residents of Coachella This event serves all people regardless of demographic
Oralia Ortiz Director

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Item 5.

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Item 5.

Women Rising Budget
March 25, 2023
Coachella Branch Library
Food & drinks…………………………………………………$700.00
Artists Stipends………………………………………………$800.00
Programs & Fliers……………………………………………$200.00
T-shirts……………………………………………………………$400.00
Certificates……………………………………………………..$300.00
Art supplies…………………………………………………….$75.00
DJ & Sound………………………………………………………$525.00

Total………………………………………………………………..$3000.00

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Item 5.

Culturas Music-Arts
Tenth Annual Women Rising
Email: [email protected] Phone: 760-984-2365 Mail: 85092 Damascus Ave Coachella, CA 92236

January 18, 2023
Culturas Music-Arts is a grassroots community based nonprofit organization that brings free or low-cost art and music venues to the local community. Our tax ID is # 85-3845819.

We are currently in the planning stages for our 10th Annual Women Risings event on March 25, 2023 at the Coachella Branch Library The venue celebrates local women's achievements in politics, social justice, business, the arts, etc.

Each year we nominate “Woman Warrior of the Year” for her work in social justice, the arts, and contribution for the betterment of all communities and individuals.

Women Rising includes dynamic local music performers, speakers, art displays, vendors, and more.

Women are in the forefront of changing their communities and the world. We deserve to be acknowledged and awarded for our accomplishments.

Like all great events, it takes lots of planning and monetary assistance. We are asking for monetary donations to cover the cost for our events. Your donations will assist 6 female artists stipends for their art installations, brochures, and city fees. You will be recognized as a sponsor or donor at the event on our Social Media and on the day of Women Rising.

Please assist us in bringing and supporting community base events. Mail checks to 85092 Damascus Ave Coachella, CA 92236 or contact Keila Cupil at 760-673-8295.

Thank you for your time and consideration.

Women Rising Committee
“Here’s to strong Women, may we know them, may we raise them, may we be them”

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Item 5.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Authorize a Community-Based Grant to Culturas Music and Arts in the Amount of $3,000 to Support its Women Rising Event
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community-Based Grant (CBG) Culturas Music and Arts in the amount of $3,000.00 to help offset expenses associated with holding their upcoming special event titled, Women Rising on March 25, 2023.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget included an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

Culturas Music and Arts is a nonprofit organization based in the city of Coachella dedicated to art, culture and music. Culturas Music and Arts is requesting sponsorship support to help offset expenses associated with their special event titled, Women Rising on March 25, 2023.

ALTERNATIVES:

1. Authorize the sponsorship request

2. Not authorize the sponsorship request

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Item 5.

FISCAL IMPACT:

Should the City Council approve the staff recommendation, the Community-Based Grant Program account will be reduced by $3,000 leaving a balance of $8,000.00.

ATTACHMENT(S):

CBG Application Packet

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Item 5.

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Item 6.

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Item 6.

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Item 6.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Approve a Community Based Grant to the American Outreach Foundation in the Amount of $1,000
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community Based Grant to the American Outreach Foundation in the amount of $1,000.00 to help pay for electric wheelchairs for veterans, children and other low-income persons in the City of Coachella.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, schools, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget includes an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

The American Outreach Foundation has been serving the Coachella Valley since 2007, by providing high-financial need persons such as veterans, seniors, children, and other low-income persons with electric wheelchairs and scooters. The American Outreach Foundation makes mobility possible for persons who do not have the financial means to afford them, or who do not have insurance, or lack the health insurance coverage to pay for this type of assistance. Grant funds will help off-set the costs associated with purchasing, collecting, refurbishing, delivery and maintenance of electric wheelchairs or scooters.

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ALTERNATIVES:

1. Approve a Community Based Grant to the American Outreach Foundation n the Amount of $1,000

2. Not Authorize a Community Based Grant at this time
FISCAL IMPACT:

Should the City Council approve the staff recommendation, the Community Based Grant account will be reduced by $1,000.00 leaving a balance of $7,000.

ATTACHMENTS:

CBG Application Packet

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Budget Proposal CYBSA Spring Season
2023
Baseball $37.99 DZ 6 dz for season $227.94
Tballs $29.69 DZ 4 dz for season $118.76
Softballs $42.59 DZ 4dz for season $170.36
Bases $7.79 5 for season $38.95
Plugs for Field each $ 3.89 24 for fields $93.36
Nets $ 75.00 2 for season $150
Tees $10 5 for season $50.00
Score books 11 for season 110
Total $959.37
Tax 8% $67.94
Grand Total $1,027.31
Shipping Unknown
Coachella Youth Baseball & Softball Association
P.O BOX 1296
Coachella , Ca 92236
760-777-3692
Deana Alvidrez
Treasuer
760-777-3725

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Item 8.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Approve a Community Based Grant to the Coachella Youth Baseball and Softball Association in the Amount of $1,000
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community Based Grant (CBG) to the Coachella Youth Baseball and Softball Association in the amount of $1,000.00 to purchase new equipment.

BACKGROUND:

DISCUSSION/ANALYSIS:

The Coachella Youth Baseball and Softball Association is a 501(c)(3) nonprofit organization that is dedicated to fostering sports competition amongst youth. The Association is requesting grant funding support to purchase new equipment (see application and budget).

ALTERNATIVES:

1. Award a Community Based Grant in the amount of $1,000.00.

2. Do not award a Community Based Grant

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FISCAL IMPACT:

If the Council approves the staff recommendation, the Community Based Grant account will be reduced by $1,000.00 leaving a balance of $6,000.

ATTACHMENT(S):

CBG Application Packet

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Item 8.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Greater Coachella Valley Chamber of Commerce July 1, 2022 – January 31, 2023.

STAFF RECOMMENDATION:

Receive and file the Greater Coachella Valley Chamber of Commerce Report for July 1, 2022- January 31, 2023.

EXECUTIVE SUMMARY:

The City of Coachella has partnered with the Greater Coachella Valley Chamber of Commerce (Chamber), as a private business support organization within the City to provide professional services. The City renews the service agreement annually with the Chamber, which commemorates the services the Chamber will provide to the City each fiscal year. These services include supporting the City’s economic development efforts by providing: business services, various community and city events, and further development of Coachella’s tourism market.

This fiscal year the agreement was executed on November 9, 2022. The GCVCC has submitted their report of economic development and Chamber activities for the period of July 1, 2022 – January 31, 20223.

FISCAL IMPACT:

None.

Attachment:

GCVCC Report July 2022 – January 2023

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Item 9.

GCVCC Activity Report for the City of Coachella
July 1, 2022 to January 31, 2023
Economic Development Activities/Community Outreach
The Greater Coachella Valley Chamber of Commerce’s primary goals are to assist the business community with activities and events to stimulate economic develop through the following:
 Ribbon Cutting Ceremonies
o Borrego Springs Community Health Center, July 21st.
 Mixers
o The Chamber has conducted morning and evening mixers each month. We are actively seeking businesses in Coachella to host mixers.
 Beer Hunter August 16th
 Pro VR, September 7th
 Level One 11, September 29th
 Variety of the Desert, October 5th
 Desert Urgent Care, October 26th
 Spa Azure, November 2nd
 GCVCC & Visit Greater Palm Springs Joint Mixer, November 10th.  TQLQs Agave Bar & Grill, November 16th
 Old Town Artisan Studios, December 6th
 DropBy Office & Amp Sports Lounge Dual Mixer, December 15th  City Partnership Events
o Fiestas Patrias, September 17th
o Coachella State of the City and Business Awards, October 19th o Tacos, Tequila & Chavelas, October 22nd
o Coachella Candidates Forum, October 24th
o Coachella Holiday Parade, December 9th
 Community Outreach
o GCVCC Spanish Educational Event was a workshop that provided information on how to start a business in Coachella, selecting the right category of business, how and where to get a business license, services offered by the SBDC and the City of Coachella, human resources and the new laws, etc. It was attended by over 60 local business members and exhibitors including BBSI, the City of Coachella, SBDC, COD, and more. The City has requested that we add additional workshops in Spanish at least 3 times a year. o City Walks, August 4th, October 6th, December 1st, January 12th o GCV Educates – Social Media Marketing, August 10th.
o GCV Educates – How to Read Minds & Influence People
o Empresarios on the Move Event, September 16th – the GCVCC nominated 2 Coachella businesses, Integrity Insurance and Garibaldi Plaza.
o All Valley Mayors and Tribal Chairpersons Luncheon, September 29th  Marketing

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o The Chamber regularly updates its website with community news, event postings, business resources.
o All events and activities are actively marketed on 4 social media platforms: Facebook, Instagram, Twitter, and YouTube, before and after the events. o The Chamber newsletter is distributed to over 6,500 registrants weekly and contains news on Chamber, City and Community events, business resources, offers from members, and local business resources.
o The Chamber offers a promotional platform at all Mixers where members can set up an exhibit to promote their businesses at no cost.
o The Chamber offers members the opportunity to promote themselves with flyers, business cards and other promotional materials at each of the Chamber’s offices. o The Chamber maintains a Business Directory and Referral network and will continue to expand these by engaging outreach to non-member and member businesses.  Tourism/Contact Report
o The Coachella Office of the GCVCC continues to operate a Business Support and Visitors’ Center and received well over 196 in-person visits and 42 calls since 7/1/22. It is open Monday through Thursday from 8:30 to 4:30 and is staffed by two GCVCC employees.

Calls were mostly handled by the Indio Office.
o The Visitors’ Center maintains information on economic development programs, initiatives and support, housing information, business license information and general information on the City’s General Plan, and business initiatives and programs. o Walk in questions ranged from how to obtain business licenses, the location of the Coachella Civic Center and Consulate, requests for maps, restaurants, things to do in the City, housing, membership, city issues, events, City initiatives and programs and general information.
o The Visitors’ Center maintains an inventory of brochures, maps and resource guides and provides a venue for businesses to display their information. o All GCVCC staff have been trained in the “TEAM GPS” program provided by Visit Greater Palm Springs, July 20th.
 Membership
o Total Coachella Members: 55
o New Members Added for the stated period: 3

1. EJ Dental

2. Carnitas La Piedad

3. ER Funeral
o Member Renewals for the stated period: 19
o Conducted monthly member orientations, “Chamber 101” for members valley wide.

The location varies each month to ensure each city is represented.

Financials
o Membership Dues totaling $9,040 for the stated period.

Upcoming Events Through December 2023

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The Chamber will continue to aid its business members and assist the community of the City of Coachella with the following events:
 Suavecito Sundays, March 5th, 12th, and 19th at Veterans’ Park  GCVCC Spanish Educational Session, April date TBA
 All Valley Chamber Mixer, at Palm Springs Air Museum, May 17, 2023  Annual Board Installation & Business Awards Event, June date TBA  Fiestas Patrias – El Grito, at Rancho Las Flores Park, September date TBA  All Valley Mayors, Tribal Leaders & Expo Event, September date TBA  Coachella State of the City and Business Awards, October date TBA  Tacos, Tequila, and Chavelas, at Veterans’ Park, October date TBA  Annual Holiday Christmas Parade, Downtown Coachella, December date TBA

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Item 9.

STAFF REPORT
2/8/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Authorize City Manager to execute Change Order #1 in an amount of $192,882.00 plus 15% contingency and authorize appropriation of $159,383.28 from General Fund for the Bagdouma Court Improvements Project – City Project P-21, CDBG Project No. 4.CO.24-20.

STAFF RECOMMENDATION:
o Authorize City Manager to execute Change Order #1 in an amount of $192,882.00 plus 15% contingency for the Bagdouma Court Improvements Project, City Project P-21, CDBG Project No. 4.CO.24-20.
o Authorize appropriations from General Fund in an amount of $159,383.28 for the Bagdouma Court Improvements Project – City Project P-21, CDBG Project No. 4.CO.24-

20. BACKGROUND:

On October 14, 2020, City Council adopted Resolution 2020-60 approving a Supplemental Agreement with the County of Riverside for use of Community Development Block Grant (CDBG) funds for the Bagdouma Basketball Courts Rehabilitation Project.

On September 14, 2022, City Council approved a construction contract with Three Peaks Corp for $624,310.21 plus 10% contingency. The Project will improve existing basketball courts at Bagdouma Park and add a tennis court and a pickle ball court. The Project will also include ADA access improvements, drainage and seating enhancements.

DISCUSSION/ANALYSIS:

The Engineering Department has determined, based on the condition of the underlying concrete, a full pavement section removal and replacement of the sports court surfacing is needed. As is, the sports court cannot be resurfaced as planned. The department also recommends a 5” section of fiber mesh concrete over 1” of sand over plastic. This will increase the life expectancy and provide an overall better sports court.

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FISCAL IMPACT:

With this action, City Council will be approving appropriation and transfer of $159,383.28 from General Fund to CIP Fund 182.

ATTACHMENT(S):

1. Change Order #1

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Sheet 1 of 2
CONTRACT: Bagdouma Park Court Improvements
PROJECT NO. P-21, CDBG Project No. 4. CO.24-20
CONTRACTOR: Three Peaks Corp.

CONTRACT CHANGE ORDER NO. 1
********************************************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract.
**********************************************************************************************************

DESCRIPTION OF CHANGE
Remove Existing Court Asphalt/Concrete Surface & Replace with 5” PCC/1” Sand & Plastic Total $ 329,981.38 2” Grind and Overlay 2” Asphalt Court Surface Credit for Deleted Work Total ($ 137,099.38) ********************************************************************************************************** By reason of this contract change order the time of completion will be adjusted accordingly upon completion of the additional The revised contract completion date shall be: TBD Upon Completion ********************************************************************************************************** Submitted By: Date:

Name/Title Signature
Recommended By: Date:

Name/Title Signature
Approved By: Date:

Gabriel Martin, City Manager Signature
********************************************************************************************************** We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.

Accepted By: Title:

Contractor: Date:

Original Contract Amount $ 624,310.21
Add This Change Order No. 1 $ 192,882.00
Revised Contract Total $ 817,192.21

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PROJECT NAME: C.O.R. NO.:

PROJECT NO: CRB/FI REF.:

GENERAL CONTRACTOR: DATE:

DESCRIPTION OF CHANGE:

General Contractor Costs
Additive cost for demolition of existing asphalt and concrete Labor $24,066.00
Material and Dump Fees $15,500.00
Equipment $20,395.00
Subtotal of Additive Cost $59,961.00
Additive costs for installation of new concrete court
Labor $96,646.00
Material $98,615.00
Equipment $18,940.00
Subtotal of Additive Cost $214,201.00
Deductive Costs (use minus sign to denote negative figures) Bid Item # 5 -$22,611.38
Bid Item # 6 -$114,488.00
Equipment
Subtotal of Deductive Cost -$137,099.38
Contractor's Total Cost $274,162.00
Contractor's Mark-up $49,349.16
Total Subcontractor Costs
General Contractor's Mark-up on Subcontractor Costs $0.00 General Contractor's Bond $3,235.11
General Contractor's Insurance $3,235.11
Total General Contractor Change Request $192,882.00

CONTRACTOR CHANGE ORDER REQUEST
Bagdouma Park Court Improvements 1
2/2/2023
grade. Concrete to be 5" thick with stealth fiber, 3250 PSI. Actual specifications including concrete mix, joints and sub grade preperation to be provided by City. Approx. 28,750SF.

Demolition of asphalt and concrete with rebar. Installation of new concrete court over existing sub Three Peaks Corp.

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Item 10.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Consideration to Fill Five Planning Commission Vacancies STAFF RECOMMENDATION:

Staff recommends that the Mayor and City Council solicit applications to fill five vacancies on the Planning Commission.

BACKGROUND:

The Coachella Planning Commission is made up of five members and one alternative member, who are appointed to 4-year terms that are staggered. Accordingly, every two years, three commissioners must be newly appointed. The Coachella Municipal Code 2.26.020 (B), states that 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. The Coachella Municipal Code 2.26.020 (D), states that in an 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. There is no individual council member nomination for the Alternate Planning Commissioner.

The terms for Planning Commissioner Miguel Navarrete (Nominated by Mayor Pro Tem Gonzalez), Miguel Leal and Ventura Gutierrez expired November 2022 and they are currently serving as Commissioners until the City Council nominates and approves candidates to serve for the next Planning Commissioner 4-year term. Two other vacancies have occurred due to the recent election of Councilmembers Virgen and Figueroa to the City Council who previously serves as Planning Commissioners. The terms of those vacancies will need to be filled until November 2024.

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Table 1: Planning Commission Term Status
Planning Commissioners Term Status Term action required Ruben Gonzalez June 26, 2019-November 2024 None required Vacancy (Currently served by
Miguel Navarrete)
Expired (June 26, 2019-
November 2022)
2022- November 2026
Vacancy (Vacated by Frank
Figueroa)
Expired (February 10, 2021-
November 2024)
Remainder term to
November 2024
Vacancy (Vacated by
Stephanie Virgen)
Expired (June 26, 2019-
November 2024)
Remainder term to
November 2024
Vacancy (Currently served by
Miguel Leal)
Expired 2022- November 2026
Vacancy (Currently served by
Ventura Gutierrez (Alternate)
Expired (February 23, 2022-
November 2022)
2022- November 2026
DISCUSSION/ANALYSIS:

The City Clerk’s Office received a total of six (6) applications by the application deadline of Friday, February 3, 2023 and one (1) application submitted after the deadline as follows:
 Yurema Arvizu (Submitted after February 3, 2023 deadline)  Rosalio Avila
 Karina Andalon
 Oscar Fonseca
 Andrew Gallegos
 Ventura Gutierrez
 Miguel Leal
The City Council will need to fill the following Planning Commissioner vacancies:
 Two (2) Planning Commission vacancies until November 2022  Two (2) Regular Planning Commission vacancies until November 2026  One (1) Alternate Planning Commission vacancy until November 2026 FISCAL IMPACT:

There are no direct fiscal impacts by appointment of Planning Commissioners on the adopted budget for Fiscal Year 2022/2023.

ALTERNATIVE(S):
1) Fill the existing Planning Commission vacancies from the submitted Planning Commissioner applications.
2) Request that City extend the deadline for Planning Commissioner applications and fill existing Commission vacancies at a future date.

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3) Continue this item and provide staff direction.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative 1.

Attachments:

1. Planning Commission Applications
 Yurema Arvizu
 Rosalio Avila
 Karina Andalon
 Oscar Fonseca
 Andrew Gallegos
 Ventura Gutierrez
 Miguel Leal

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Item 11.

CITY OF COACHELLA

PLANNING COMMISSION APPLICATION
Application deadline is 6:00 p.m. on Monday, February 14, 2022 Application must be received by the deadline in order to be considered NAME: _____________________________________________________________________________ ADDRESS: ___________________________________________________________________________ TELEPHONE: ______________________________ E-MAIL: _________________________________ To be eligible for appointment to the Commission you must be a resident of the City of Coachella.

Members may only serve on one commission/committee.

Note: In the event a member of the commission has three (3) consecutive unexcused absences from meetings of the Commission, the City Council may declare the office of such member vacant.

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

3. What special qualities can you bring to the Commission? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

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CITY OF COACHELLA

PLANNING COMMISSION APPLICATION
PAGE 2

4. Do you have any questions or comments about the Commission’s structure or functions? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

5. Other comments and/or ideas as to how you as a member of the Planning Commission could benefit the City of Coachella.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ ______________________________ ________________________________ Signature Date
Note: 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.

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Andrea Carranza, Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected] (Revised 01-05-2022)

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CITY OF COACHELLA

Members may only serve on one commission/committee.

Note: In the event a member of the commission has three (3) consecutive unexcused absences from meetings of the Commission, the City Council may declare the office of such member vacant.

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

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Item 11.

CITY OF COACHELLA

PLANNING COMMISSION APPLICATION
PAGE 2

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Andrea Carranza, Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected] (Revised 01-05-2022)

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Item 11.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Cástulo Estrada, Utilities Manager
SUBJECT: Authorize the City Manager to Execute a Professional Services Agreement with Dokken Engineering for the Grapefruit/Airport Boulevard Crossing Water Transmission Main Project for the amount of $413,028.00 STAFF RECOMMENDATION:

Approve and authorize the City Manager to execute a Professional Services Agreement with Dokken Engineering for the Grapefruit/Airport Boulevard Crossing Water Transmission Main Project for $413,028.00
BACKGROUND:

The Project is generally located on Grapefruit Blvd between Ave 54 and Palm Street and a section, which crosses the Union Pacific Railroad, the Whitewater River and other private property north of Airport Blvd and a portion on Airport Blvd between the Whitewater River and Desert Cactus Dr.

The proposed scope of work includes the environmental clearance, right of way acquisition, and preparation of plans, specifications, and engineer’s estimate for the construction of a watermain to be carried on Grapefruit Blvd and Airport Blvd between Ave 54 and Desert Cactus Dr.

The project will be broken into two phases; the first phase is from Avenue 54 to Palm Drive and the second phase from Palm Drive to Desert Cactus Drive. The project will be designed to comply with City of Coachella, County of Riverside, Caltrans and FHWA standards.  Phase 1: Estimated planning costs $150,605.00
 Phase 2: Estimated planning costs $262,423.00
DISCUSSION:

On June 28, 2022 after having issued a Request for Proposals the Coachella Valley Water District approved and authorized the execution of a Professional Services Agreement with Dokken Engineering for the planning of a project that includes a similar crossing along the Union Pacific Railroad, the Whitewater River and other private property.

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It is extremely critical for the City of Coachella and its Utilities to make this crossing as well and provide strategic infrastructure investment and management as the City continues to develop east of the Whitewater River.

It is the recommendation of staff to award a Professional Services Agreement to Dokken Engineering to ensure that a City owned water pipeline is constructed in conjunction with the CVWD crossing.

Dokken Engineering has already completed several preliminary tasks that present a cost savings reflected in the cost proposal. These include the following:
 Dokken has already discussed the project alignment with property owners and received feedback regarding pipeline location. Having this working relationship with property owners will benefit the City and reduce the effort of multiple consultants talking with property owners.
 ROW acquisition can be accomplished concurrent with CVWD. Appraisals and right of way acquisition can be done concurrent, ultimately saving the City money. The property owner will only need to deal with one consultant.
 A UPRR Utility License is required to cross the UPRR tracks. Dokken will be working with UPRR for the CVWD crossing, adding the City crossing to the UPRR submittals is minor in nature as the discussions/submittals with UPRR will already be underway.  Dokken has vetted out the alignment under the Coachella Stormwater Channel. The City line can run parallel to the CVWD line and initial alignment work is not needed.  Easements for the City line will be required under the Coachella Stormwater Channel. Dokken is working directly with CVWD and can coordinate with CVWD staff to obtain these easements in an expedited manner.
 Geotechnical investigations have already been conducted for the CVWD line (for the section that crosses UPRR and the channel), these investigations can be used for the City line and no additional borings will be required for the City line.  Utility potholing will be conducted for the CVWD line (for the section that crosses UPRR and the channel), these potholes can be used for the City line and no additional potholes will be required for the City line.
 A Section 1602 Lake and Streambed Alteration Agreement is required for the CVWD line. Dokken is already preparing this permit application for CVWD and adding the City to the agreement is not an added cost and City would not have to get this permit separately.

It is also important to note that this project including the crossing along the Union Pacific Railroad and the Whitewater River is required in order to serve water to the proposed Coachella Airport

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Business Park development which proposes approximately 624,150 square feet of commercial and industrial buildings on 42.69 acres. Initial conversations have taken place between the developer’s representatives and the City and have discussed the cost sharing responsibilities of this project which will be further defined in the future through an agreement.

FISCAL IMPACT:

This project was not included in the 2022-23 CIP Budget. An appropriation of $413,028 from fund 177 is required. Funds are available from the Water Connection reserves.

ATTACHMENTS:

1. Coachella Scope and Fee Proposal

2. City of Coachella Watermain Project Overview Exhibit

3. PSA Template

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- 1 - (BB&K: February 2006)
[[[MODEL AGREEMENT– REMOVE THIS TITLE WHEN USED]]]

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of ___________, 20__, by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 1515 Sixth Street, Coachella, California 92236 (“City”) and [___INSERT NAME___], a [___[INSERT TYPE OF ENTITY -

CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]___] with its principal place of business at [___INSERT ADDRESS___] (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [___INSERT TYPE OF SERVICES___] services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.3 Project. City desires to engage Consultant to render such services for the [___INSERT NAME OF PROJECT___] project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [___INSERT TYPE OF SERVICES___] consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from [___INSERT START DATE___] to [___INSERT ENDING DATE___], unless earlier terminated as

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provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. [***INSERT IF DESIRED BY CITY: City alone (not the Consultant) shall have the option to extend the term of this Agreement for two (2) successive one (1) year periods (individually, “Subsequent Term” and collectively, “Subsequent Terms”) on the same terms and conditions as set forth in this Agreement (including, without limitation, the rates set forth in the Compensation Schedule attached hereto as Exhibit “C” and incorporated by reference herein); provided however, that the amount of the total compensation, including authorized reimbursements, for any Services rendered in any Subsequent term(s) (if such Subsequent Term(s) is desired by City), shall not exceed the amount required to be appropriated by City, in its sole and absolute discretion. Such extension(s) shall be made by City providing written notice to Consultant. Consultant shall complete the Services within the applicable Term of the Agreement, and shall meet any other established schedules and deadlines as may be set by City staff on an on-call and as-needed basis from time to time.***]

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant

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cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [___INSERT NAMES___].

3.2.5 City’s Representative. The City hereby designates [___INSERT NAME OR TITLE___], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates [___INSERT NAME OR TITLE___], or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant 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. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence the Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors.

Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of One Million Dollars ($1,000,000) per accident for bodily injury or disease.

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3.2.10.3 Professional Liability. [INCLUDE ONLY IF APPLICABLE - DELETE OTHERWISE] Consultant shall procure and maintain, and require its subconsultants to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 [INCREASE IF NECESSARY - OTHERWISE LEAVE AS IS AND DELETE THIS NOTE] per claim, and shall be endorsed to include contractual liability.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

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3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [___INSERT WRITTEN DOLLAR AMOUNT___] ($[___INSERT NUMERICAL DOLLAR AMOUNT___]) without written approval of City’s [___INSERT TITLE___]. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.

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3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

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

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. [___INSERT “IF” OR “SINCE” AS APPLICABLE___] the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and [___INSERT “IF” OR “SINCE” AS APPLICABLE___] the total compensation is One Thousand Dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

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

3.5 General Provisions.

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3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

City
City of Coachella
1515 Sixth Street
Coachella, CA 92236
Attn: [INSERT NAME]
Consultant
[___INSERT NAME___]
[___INSERT ADDRESS___]
[___INSERT ADDRESS___]
Attn: [___INSERT NAME___]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents &

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Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.5.6 Indemnification. Consultant 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 or incident to any negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses.

Consultant shall defend, at Consultant’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. Consultant shall pay and satisfy any such 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. Consultant 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. Consultant’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.

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3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

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

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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

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

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE.]

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CITY OF COACHELLA
By:

Gene Rogers
Interim City Manager
[or]
By:

Eduardo Garcia
Mayor
[INSERT CONSULTANT'S NAME]
By:
[INSERT NAME]
[INSERT TITLE]
Attest:

By:

City Clerk
Approved as to Form:
****Approved Form****
Best Best & Krieger LLP
City Attorney

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Item 12.

EXHIBIT A
EXHIBIT “A”

SCOPE OF SERVICES
[INSERT SCOPE]

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Item 12.

EXHIBIT B
EXHIBIT “B”

SCHEDULE OF SERVICES
[INSERT SCHEDULE]

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Item 12.

EXHIBIT C
EXHIBIT “C”

COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]

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Item 12.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Authorize an Operating Agreement with Bound Corporation for Scooters and E-Bikes
STAFF RECOMMENDATION:

Staff recommends that the City Council consider authorize an Operating Agreement with Bound Corporation to administer and operate a stand-up electric scooter and electric bike sharing system in the City of Coachella.

BACKGROUND:

On September 19, 2018, the State of California enacted new laws regarding motorized scooters.

Assembly Bill No. 2989 amended Section 21235 of the California Vehicle Code, which includes, but is not limited to, the following new laws:
 A motorized scooter cannot operate on a roadway with a speed limit in excess of 25 miles per hour (mph), unless within a Class II bike lane or Class IV bikeway.  A motorized scooter may operate on a roadway with a speed limit greater than 25 mph, but less than 35 mph if authorized via ordinance or resolution by the City Council.  A motorized scooter cannot operate upon a sidewalk, except as necessary to enter or leave adjacent property.
 A motorized scooter cannot be placed laying on its side on a sidewalk, or park a motorized scooter on a sidewalk in any other position that obstructs a pedestrian’s path of travel.  No person under 18 years of age shall operate a motorized scooter without a properly fitted and fastened bicycle helmet.
 No person without a valid driver’s license or instruction permit shall operate a motorized scooter.

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Please note that under a separate State law (Vehicle Code 22411) no person shall operate a motorized scooter at a speed in excess of 15 mph.

Currently, the City does not have any applicable municipal code related to Neighborhood Electric Vehicles (NEV) or Low Speed Vehicles (LSV). In January 2016, the Coachella Valley Association of Governments (CVAG) completed a Neighborhood Electric Vehicle (NEV) Plan that proposed a network of NEV routes along surface streets and along rights-of-ways that can be used for paths. The NEV plan describes the specific duties required of NEV operators, the current state of NEV development, and the future incorporation of NEV infrastructure in the Coachella Valley region.

DISCUSSION/ANALYSIS:

On March 18, 2021, the City of Coachella Economic Development and Planning SubCommittee approved the first draft Pilot Operating Agreement that administers and manages a stand-up electric scooter-sharing program in the City of Coachella. The program will consist of a 12-month period in which Bound Corporation will launch 100 electric scooters and 50 electric bikes in strategic locations identified by Bound Corporation and City Staff based on various factors, such as population density, access to bike lanes and pedestrian pathways, commercial and retail accessibility, etc. The Company will be responsible for all maintenance, operations and will indemnify the City of any liability. The Company will provide 24-hour customer service for safety concerns and complaints, along with some general ride activity data to improve our Active Transportation Plan (ATP).

ALTERNATIVES:

1. Recommend no action

2. Provide alternative direction
FISCAL IMPACT:

If the City Council approves the recommendation, there is no fiscal impact to the General Fund.

ATTACHMENT(S):

Operating Agreement with the City of Coachella and Bound Corporation

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PILOT OPERATING AGREEMENT
This Pilot Operating Agreement is entered into on _____________, and is between Bound Corporation, a California limited liability company located at 45116 Commerce St, Ste 15, Indio, CA 92201 (the “Company”), and the City of Coachella, located at 53990 Enterprise Way, Coachella, CA 92236 (the “City”). Company and City may be referred to collectively as the “Parties” or individually as a “Party.”

1. Purpose
The Parties wish to establish interim rules and regulations governing the pilot operation of a stand-up electric scooters and e-bikes sharing system within the City (the “Pilot”), and to ensure that the Pilot is consistent with the safety and well-being of bicyclists, pedestrians, and other users of the public rights- of-way in the City.

2. Scope and Term, and Termination
This agreement applies to the proposed deployment of stand-up electric scooters and e-bikes sharing systems within City’s jurisdictional boundaries.

The term of this agreement begins on March 1, 2023, and will continue for a term of twelve (12) months and expires on March 1, 2024 (the “Term”). The Term is renewable for an additional twelve (12)-month period upon the request by written notice from the Company to the City at least ninety (90) days prior to the end of the Term and the City shall respond to the Company within thirty (30) days from the date of the Company’s written renewal request regarding whether it intends to renew the Agreement for an additional twelve (12)-month period.

Either Party may terminate this agreement for any reason upon thirty (30)-days’ written notice (e-mail will suffice) to the other Party (“Termination Notice”). The Termination Notice must include the date the notice was sent, a reason for termination, be signed by the party who signed the agreement.

Either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured ten (10) days after the non-breaching Party provides the breaching Party with written notice of such breach.

Either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

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3. Procedures
The Company shall comply with all the laws and regulations under the State of California Assembly Bill No. 2989, which amended Section 21235 of the California Vehicle Code and California Vehicle Code 22411, which states no person shall operate a motorized scooter at a speed more than 15 mph.

4. Operating Regulations
The Company, or its service providers, agents or assigns, shall be responsible for operating a stand-up electric scooters and e-bikes sharing program in the City that complies with the below requirements:
a. Stand-up electric scooter means a device weighing less than 150 pounds, that has (i) has handlebars and an electric motor, (ii) is solely powered by the electric motor or human power, and (iii) has a maximum speed of no more than 20 mph on a paved level surface when powered solely by the electric motor. b. E-bike means a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.
c. Except as otherwise provided herein, City shall regulate the operation of stand-up electric scooters and e-bikes in a manner no more restrictive than the City’s regulation of bicycles.
d. Stand-up electric scooters and e-bikes are to be ridden on streets, and where available, in bike lanes and bike paths. Stand-up electric scooters and e-bikes are to stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on bike paths. Users of Stand-up electric scooters and e-bikes shall be 18 or older. Users of stand-up electric scooters and e-bikes who violate these provisions may be fined by City consistent with fines for cyclists. e. Company shall provide easily visible contact information, including toll-free phone number or e- mail address on each stand-up electric scooters or e-bikes for members of the public to make relocation requests or to report other issues with devices.
f. Hours of operation when the Company’s stand-up electric scooters and e-bikes will be made available to rent 24 hours a day.
g. Company shall provide a minimum of 100 vehicles at launch. h. When at cap, the Company is permitted to increase its fleet size monthly if the Company’s fleet provides an average of more than two rides per stand-up electric scooter or e-bike per day within that zone. City may request data from Company monthly to determine and demonstrate the utilization rate of vehicles in Company' s fleet, pursuant to Section 7.

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5. Parking
a. The Company shall require users of stand-up electric scooters and e-bikes to park the vehicles upright and in the designated parking locations near the street corners.
b. The Company shall require users to park stand-up electric scooters and e-bikes in a way that will not block the pedestrian clear zone area of the sidewalk; any fire hydrant, call box, or other emergency facility; bus bench; or utility pole or box. c. The Company shall require users to park stand-up electric scooters and e-bikes in a way that will not impede or interfere with the reasonable use of any commercial window display or access to or from any building.
d. The Company shall require users to not park stand-up electric scooters and ebikes in a way that will impede or interfere with the reasonable use of any bicycle rack or news rack.
e. The Company shall allow users to park stand-up electric scooters and e-bikes on blocks without sidewalks only if the travel lane(s) and the 6-foot pedestrian clear zone are not impeded.
f. The Company shall require users to not park stand-up electric scooters and ebikes in street corners directly adjacent to or within the following areas, such that access is impeded:
i. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; ii. Loading zones;
iii. Disabled parking zones;
iv. Street furniture that requires pedestrian access (e.g., benches, parking pay stations, bus shelters, transit information signs, etc.); v. Curb ramps;
vi. Entryways and driveways.
g. The Company shall require users to take a photo whenever they park their standup electric scooters or e-bikes at the end of a ride. h. Company may stage its stand-up electric scooters and e-bikes in permitted parking areas as described in this section. To the extent Company desires to stage stand-up electric scooters and e-bikes in areas other than the public right- of-way, Company must first obtain the right to do so from the appropriate City department, property owner, or public agency.

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6. Operations
a. The Company shall maintain 24-hour customer service for users to report safety concerns, complaints, or to ask questions. Company shall maintain a website, call center, or mobile app customer service interface that is available 24 hours a day, seven days a week. The aforementioned must be compliant with the Americans with Disabilities Act.
b. If any safety or maintenance issue is reported for a specific stand-up electric scooter or e-bike, that vehicle shall be made unavailable to users and shall be removed as soon as possible.
c. Any inoperable or unsafe vehicle shall be repaired before it is put back into service. Company shall respond to reports of incorrectly parked vehicles. d. Company shall provide notice to all users that:
i. stand-up electric scooters and e-bikes are to be ridden on streets, and where available, in bike lanes and bike paths;
ii. stand-up electric scooters and e-bikes are to stay to the right of street lanes and to offer the right of way to bicycles on bike lanes and bike paths; iii. Helmets are encouraged for all users;
iv. Parking must be done in the designated areas in street corners; and v. Riding responsibly is encouraged.

7. Data Sharing
City may require Company to provide anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of the City on any vehicle, provided that, to ensure the users’ privacy:
a. such data is provided via an application programming interface, subject to Company’s license agreement for such interface, in compliance with a national data format specification such as a Mobility Data Specification; b. any such data provided shall be treated as trade secret and proprietary business information of the Company, shall not be shared to third parties without the Company’s prior written consent, and shall not be treated as owned by the City; c. such data shall be considered personally identifiable information and shall under no circumstances be disclosed pursuant to public records requests received by the local authority without prior aggregation or obfuscation to protect individual privacy.

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8. Indemnification
Company agrees to indemnify, defend and hold harmless City from and against all actions, damages or claims brought against City arising out of Company’s negligence or willful misconduct, except that Company’s indemnification obligation shall not extend to claims of the City’s or the City’s employees’, agents’ or affiliates’ negligence or willful misconduct. The City expressly acknowledges that in no event shall Company be liable for any special, indirect, consequential, or punitive damages. Company shall be released from its indemnification obligations under this section if the loss or damage was caused by the City’s negligent construction or maintenance of public infrastructure. City’s right to indemnification shall be contingent on the City properly notifying Company promptly following receipt or notice of any claim. Company shall have sole control of any defense. City shall not consent to the entry of a judgment or enter into any settlement without the prior written consent of Company.

9. Insurance
Company shall provide City with proof of insurance coverage for the operation of stand-up electric scooters and e-bikes in the jurisdiction of the City, including: (a) Commercial General Liability insurance coverage with a limit of no less than $ 2,000,000.00 each occurrence and (b) Automobile Insurance Coverage with a limit of no less than $1,000,000.00 each occurrence; (c) Umbrella or Excess Liability coverage with a limit of no less than $2,000,000. 00 each occurrence; and (d) where Company employs persons within the City, Worker’s Compensation coverage of no less than the statutory requirement.

10. Notices
All notices hereunder shall be in writing, emailed, or mailed by registered or certified mail postage prepaid, or by an overnight delivery service with proof of delivery, to the respective parties at the addresses as follows:

Notices will be deemed given at the time of actual delivery in person, immediately upon sending for email, three business days after deposit in the mail as set forth above, or one day after delivery to an overnight air courier service.

11. Assignment and Exclusivity
To the Company:

Bound Corporation
45116 Commerce St Ste 15
Indio, CA 92201
Attn: Juan Guevara-Diaz
Phone: (760) 989-9548
Email: [email protected]
To the City:

City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attn: Gabriel Martin, Economic Development
Director
Phone: (760) 398-3502
Email: [email protected]

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a. Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred to any other party, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of the other party. Any assignment in violation of the foregoing will be null and void. b. No exclusivity is imputed or implied as to the market for shared mobility services generally, and this agreement and designation shall not apply to the operation of any shared mobility service with any vehicle other than Stand-up electric scooters.

12. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify the Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

13. Entire Agreement. This Agreement constitute the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.

14. Non-Disparagement. During the Term and after, the parties agree to not make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage, or make any negative statement regarding the personal or business reputation, practices, or conduct of the other party. The parties acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, board members, industry analysts, competitors, auditors, strategic partners, vendors, and clients.

15. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation acts of God, flood, fire or explosion, war, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, epidemic, any other event which is beyond the reasonable control of such party (each of the foregoing, a “Force Majeure Event”). During the Force Majeure Event, the non-affected party may similarly suspend its performance obligations until such time as the affected party resumes performance. The impacted party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure

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Event are minimized. The impacted party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If the impacted party’s failure or delay remains uncured for 30 consecutive days following written notice given by it under this section, either Party may thereafter terminate this Agreement upon 5 days’ written notice.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

Bound Mobility LLC
By: ___________________________
Name: Juan Guevara-Diaz
Title:__________________________
City of Coachella
By: ___________________________
Name:_________________________
Title:__________________________

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Item 13.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Coachella Entertainment Park (EP No. 22-01 36-Month Renewal Request) SPECIFICS: Adopt Resolution No. 2023-09 approving a renewal of Entertainment Permit No. 22-01 for the Coachella Entertainment Park outdoor entertainment venue located on a 1.24 acre site at 85-994 Grapefruit Blvd (APN# 778-030-005 and 778-180- 001). Applicant: Nicolas Meza
STAFF RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution No. PC 2023-09 approving the renewal of Entertainment Permit No. 22-01, pursuant to the findings and conditions of approval contained in the attached resolution.

BACKGROUND:

The subject site is a 1.24 acre vacant property at 85-994 Grapefruit Blvd, adjacent to the Union Pacific Railroad, that was the previous location of the H & H Lumber business. The previous business consisted of a large shade structure, chain link and metal panel fencing, and outdoor storage of lumber materials. The site is nearby the Downtown Core, which in the General Plan 2035 is intended to provide a convenient and congenial environmental for everyday shopping and dining, and brings the community together in a one-of-a-kind Coachella center that is the civic heart of the City. The physical character of the Downtown Center of the General Plan intends for plazas and squares that punctuate the network of streets, providing larger, comfortable spaces for formal and informal gathering, outdoor dining, public markets and special events. The applicant, Nicolas Meza, has operated the site as the Coachella Entertainment Park for approximately oneyear subject to the Entertainment Permit No. 22-01 and has operated such use consistent with the General Plan Vision of the Downtown Core as a place for public markets and special events as a special event center, subject the approval of an entertainment permit.

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

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

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

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

4. Noise control measures required in the entertainment establishment.

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

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

DISCUSSION/ANALYSIS:

The applicant, Nicolas Meza, currently holds a City approved entertainment permit to allow the operation of an outdoor entertainment venue on a 1.24 acre site at 85-994 Grapefruit Blvd. The zoning designation of the commercial center where the store is proposed is within the M-S (Manufacturing Service). The entertainment venue accommodates a range of events that could occur up to 7 days a week and may include, but not limited to:
 Outdoor vendor markets
 Food fairs
 Concerts
 Site rental for private special events, including weddings, quinceaneras, and birthday parties.
 Exhibitions
 Equestrian demonstrations
The applicant hosts events centered that provide opportunities for small business vendors that may not have a brick and mortar establishment with exposure at an accessible venue to sell retail products or food. The applicant held multiple events over the past year, which included small vendor open-air markets, staging for the Run with Los Muertos community procession, community fundraisers, and concerts. The applicant also regularly hosts a food vendor in a converted shipping container that is open to the public. The applicant also accommodated parking for the City’s groundbreaking ceremony of the Urban Greening program for Grapefruit Blvd. The applicant regularly communicated with the Development Serviced Department staff regarding upcoming events. A special event permit was obtained by Promo VIP Promotions for a large concert event on January 20, 2023 for 500 attendees as is required by the entertainment permit for large events.

Alcohol permits were obtained through the Department of Alcohol Beverage Control (ABC) and the Coachella Police monitored the event with no reported issues.

The applicant does not charge an parking fee for most events but is permitted to charge paid entry and paid on-site parking for large-scale events. The use of amplified music is proposed for concert

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and special events. The applicant is required to comply with the requirements of the Coachella Municipal Code noise control ordinance.

Coachella Entertainment Park location
Staff contacted the Lieutenant Vasquez with the Riverside County Sheriff regarding any concerns for the proposed business that the City Council may want to consider when making findings or including conditions of approval for the entertainment permit. Lieutenant Vasquez did not identify any concerns with the business and does not recommend any conditions of approval.

Hours of Operation:

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

Environmental Setting:

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

North: Feed Lot / (M-S, Manufacturing Service)
South: Vacant / (M-S, Manufacturing Service)
East: Union Pacific Railroad and Agricultural Uses/ (M-S, Manufacturing Service)

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West: Coachella Bar and Auto repair businesses/ (C-G, General Commercial) Site Plan / Parking and Circulation:

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

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

Security:

The applicant proposes the use of on-site licensed security for public events. A condition of approval of the permit requires licensed security for events that exceed 50 guests or when alcohol is served. All private events that lease from the applicant will be required to use licensed security.

The applicant is required to increase security personnel based on recommendations by the City Manager or Coachella Police.

ENVIRONMENTAL REVIEW:

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

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FISCAL IMPACT:

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

ALTERNATIVES:
1) Adopt Resolution No. 2023-09 approving 36-month renewal of Entertainment Permit 22-01 with the staff recommendations.
2) Approve the Entertainment Permit renewal with new or modified conditions of approval. 3) Make findings and Deny the Entertainment Permit renewal. 4) Continue the item and provide staff direction.

RECOMMENDED ALTERNATIVE
Based on the analysis contained herein and the findings listed below, staff is recommending that the City Council approve Alternative #1 that would renew the entertainment permit until March 23, 2026.

Attachments:

1. Resolution No. PC 2023-09

2. Vicinity Map

3. Site Plan

4. Existing Photos

5. Applicant Narrative and Leasable Area

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Resolution No. 2023-09

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RESOLUTION NO. PC 2023-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA,

CALIFORNIA, APPROVING A THREE-YEAR RENEWAL OF
ENTERTAINMENT PERMIT NO. 22-01 TO MARCH 23, 2026 FOR THE

COACHELLA ENTERTAINMENT PARK OUTDOOR ENTERTAINMENT
VENUE LOCATED ON A 1.24 ACRE SITE AT 85-994 GRAPEFRUIT BLVD (APN# 778-030-005 AND 778-180-001). APPLICANT: NICOLAS MEZA WHEREAS, Nicolas Meza filed an application for Entertainment Permit No. 22-01 to allow a 1.24 acre outdoor entertainment venue where alcohol is served on a vacant site located at 85-994 Grapefruit Blvd.; Assessor’s Parcel No. 778-030-005 AND 778-180-001 (“Project”); and,
WHEREAS, the City Council conducted a duly noticed public hearing on Entertainment Permit No. 22-01 on March 23, 2022 at the 1515 6th Street, Coachella, California regarding the proposed Project and approved Resolution 2022-33 approving the entertainment permit for 12 months subject to renewal ; and, WHEREAS, the City Council conducted a duly noticed public hearing on Entertainment Permit No. 22-01 on February 22, 2023 at the 1515 6th Street, Coachella, California regarding the proposed Project to consider a renewal of the permit for a term of three years; and,
WHEREAS, at the City Council hearing, the Applicant and members of the public were present and were afforded an opportunity to testify regarding the Project; and, WHEREAS, the Project is permitted pursuant to Chapter 15.24 of the Coachella Municipal Code.

WHEREAS, the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and,
WHEREAS, the proposed site is adequate in size and shape to accommodate the proposed outdoor entertainment venue with where alcohol is served; and, WHEREAS, the site for proposed use relates properly to streets which are designed to carry the type and quantity of traffic to be generated by the proposed use; and, WHEREAS, the proposed project is exempt from the California Environmental Quality Act, as amended; and,
WHEREAS, the conditions as stipulated by the City are necessary to protect the public health, safety and welfare of the community.

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Resolution No. 2023-09

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

FINDINGS FOR APPROVAL OF ENTERTAINMENT PERMIT NO 22-01:

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

2. The applicant possesses the required moral character to comply with the requirements of Chapter 5.24 and the conditions of approval imposed herein. As conditioned, the proposed added security measures will ensure that the public safety for the business will be maintained to the satisfaction of the Chief of Police. The applicant has operated the entertainment venue successfully for approximately one year with no complaints from the public or concerns from the Code Enforcement Division or the Riverside County Sherriff’s Department. The applicant has appropriately applied for special event permits as required by the entertainment permit for large-scale events that may require additional security and traffic control measures.

3. The applicant has sufficient resources and expertise to operate the proposed entertainment venue in a safe, professional and effective manner in accordance with the City's Municipal Code. The owner has successfully operated a similar venue “Coachella Bar” and there have been minimal complaints or calls for services at this establishment.

Additionally, the applicant was selected through a Request for Proposals process by the City of Coachella to operate a wine bar and eating establishment in the 6th Street “Old Firehouse” building at 1517 6th Street.

4. The proposed use will not be in conflict with, but will be in harmony with and in accordance with the objectives of the general plan because the proposed entertainment venue allows the intended physical character to provide a convenient and congenial environment for everyday shopping and dining, the Downtown brings the entire community together in a one-of-a-kind Coachella center that is the civic heart of the City.

Entertainment venue will offer unique shopping, dining and event experience for small businesses and the public in the pueblo Viejo area and citywide that accomplished the goals of the General Plan.

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

The subject site has been used for manufacturing zone related uses and no expansions of floor area are proposed.

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Resolution No. 2023-09

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CONDITIONS OF APPROVAL FOR ENTERTAINMENT PERMIT NO. 22-01 (36 MONTH RENEWAL):

1. Entertainment Permit No. 22-01 is an approval for an entertainment venue where alcohol may be served and is permitted until March 23, 2026 and subject to renewal by the City Council. This approval is based on the site plan submitted for the proposed project.

Violation of any of the conditions of approval shall be cause for revocation of the Entertainment Permit No. 22-01.

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

3. The applicant will agree to defend and indemnify the City of Coachella against all claims, actions, damages, and losses, including attorney fees and costs, in the event that anyone files legal challenges to the approval of this project on the basis of the California Environmental Quality Act (CEQA). The applicant shall execute a standard indemnification agreement subject to review by the City Attorney before any event is held subject to this permit.

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

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

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

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

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

8. A maximum of 320 guests are permitted on-site for events at any given time. The applicant shall maintain a count of all event participants on-site at all times during events.

Event counts for concerts shall be maintained by event staff at the main entrance and made available upon request by the Coachella Police or City Staff.

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

10. Any large scale concert event that involves more than 320 guests shall require consultation with the City Manager or designee to determine if a special event permit will be required through the City Manager's office. Said application and applicable fees shall be submitted

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Resolution No. 2023-09

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a minimum of five (5) working days, not including days when City Hall is closed, prior to the event.

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

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

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

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

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

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

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

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

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

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Resolution No. 2023-09

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

21. Entertainment Establishment Permit No. 22-01 shall be valid for 12 months commencing on the first day of the operation. A request for renewal must be submitted by the applicant in order to extend the term of the Permit after the initial term of 12 months has lapsed, at which time the City Council will review compliance with the conditions of approval and consider granting up to a 36-month renewal of the entertainment permit. for a 36 month term to March 23, 2026. Relinquishment of the entertainment permit will require an amendment to this resolution, subject to review by the City Council.

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

23. The permittee shall implement and maintain a system by which the permittee separately identifies each and every adult in the entertainment establishment so as to distinguish each adult from any and all minors within the entertainment establishment in the service of alcohol. At a minimum, such system of adult identification shall require the permittee to place a bracelet on either hand of each adult in the entertainment establishment. In addition, the Chief of Police is hereby authorized to require other methods and procedures to be implemented and maintained by any permittee to assure compliance with the requirement that each adult remain separately identified from any minor at the entertainment establishment.

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

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

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

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

Fire Department Conditions:

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

29. Temporary Special Event Structures - Temporary special event structures in excess of 400 square feet shall not be erected for any purpose without first obtaining approval and

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Resolution No. 2023-09

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a permit from the Office of the Fire Marshall and the Riverside County Building and Safety Division.

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

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

PASSED APPROVED and ADOPTED this 22rd day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:

Carlos Campos
City Attorney

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Item 14.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-09 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 22nd day of February 2023 by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza
Deputy City Clerk

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

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

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

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

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View towards northern portion of event venue
Northern driveway entrance

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View of Event Stage Area

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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on February 22, 2023, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $40,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, construction, improvement and equipping of Tripoli Apartments, a multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Tripoli CIC, LP (the "Borrower") or a partnership of which Chelsea Investment Corporation (the "Developer") or a related person to the Developer is the general partner.

The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.

The hearing will commence at 6:00 p.m. or as soon thereafter as the matter can be heard, and will be held in the City Council Chambers, 1515 Sixth Street, Coachella, California. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed or refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments.

Additional information concerning the above matter may be obtained from, and written comments should be addressed to, City Clerk, City of Coachella, 1515 Sixth Street, Coachella, California 92236.

Dated: February 13, 2023

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Item 15.

STAFF REPORT
2/22/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Adopt Resolution No. 2023-10 to approve the financing of the Tripoli CIC, LP, (the “Borrower”) by the California Municipal Finance Authority (CMFA) and conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $40,000,000, (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California (the “Project”).

STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2023-10 to approve the financing of the Tripoli CIC, LP, (the “Borrower”) by the California Municipal Finance Authority (CMFA) and conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), on February 22, 2023 in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $40,000,000, (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California (the “Project”).

Adoption of the resolution approves the issuance of the Bonds by the CMFA for the benefit of Tripoli CIC, LP (the “Borrower”) a partnership of which Chelsea Investment Corporation (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).

BACKGROUND:

The Borrower, has requested that the CMFA adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series from time to time, and at

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no time to exceed $40,000,000 in aggregate principal amount, to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California.

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Coachella must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

The California Municipal Finance Authority (CMFA) was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California.

To date, over 300 municipalities, including the City of Coachella, have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financing.

DISCUSSION/ANALYSIS:

The City has received a request from Chelsea Investment Corporation for the Tripoli CIC, LP, a partnership of which Chelsea Investment Corporation (the “Developer”) or a related person to the Developer is the general partner, has requested that the CMFA adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series from time to time, and at no time to exceed $40,000,000 in aggregate principal amount, to finance or refinance the acquisition, construction, improvement and equipping of a 108-unit multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California.

ALTERNATIVES:

1. Adopt Resolution No. 2023-10 to approve the financing of the Tripoli CIC, LP, (the “Borrower”) by the California Municipal Finance Authority (CMFA) and conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), in connection with the proposed issuance of

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revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $40,000,000, (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California (the “Project”).

2. Not Adopt Resolution No. 2023-10 to approve the financing of the Tripoli CIC, LP, (the “Borrower”) by the California Municipal Finance Authority (CMFA) and conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $40,000,000, (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California (the “Project”).

FISCAL IMPACT:

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower. The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Coachella, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

ATTACHMENTS:

1. Resolution No. 2023-10

2. Notice of Public Hearing

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Item 15.

RESOLUTION NO. 2023-10

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA

APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS

IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$40,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING

OF TRIPOLI APARTMENTS AND CERTAIN OTHER MATTERS

RELATING THERETO
WHEREAS, Tripoli CIC, LP (the "Borrower") a partnership of which Chelsea Investment Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $40,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 51392 Cesar Chavez Street, Coachella, California (the "Project"); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Coachella (the "City") because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coachella as follows:

Section 1. The foregoing resolutions are true and correct.

Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.

It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the

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applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED by the City Council of the City of Coachella this 22nd day of February, 2023.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 15.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-10 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 22nd day of February, 2023, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Angela M. Zepeda
City Clerk

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Item 15.

Coachella City CouncilFebruary 22, 2023

Coachella City Council
February 22, 2023