Agenda packet — Coachella City Council, November 8, 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

AND COACHELLA PARKS AND RECREATION
November 08, 2023
5:00 PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
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.  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.

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Agenda City Council Closed Session and Regular Meeting November 08, 2023

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CALL TO ORDER: - 5:00 P.M.

ROLL CALL:

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:

1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Employee Organization: City Manager, Unrepresented

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation, Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code Section 54956.9(d)(4)
One (1) Potential Case

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956(d)(1)
Maria Guadalupe Ibarra vs. The City of Coachella
Riverside County Superior Court, Case No. CVPS 2102983

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN No. 763-131-078
Agency Negotiator: Gabriel Martin, City Manager
Negotiating Parties: Industrial Way Properties
Under Negotiation: Price and Terms of Payment

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) (1)
Title: City Manager
Title: City Attorney
RECONVENE REGULAR MEETING: - 6:00 P.M.

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Agenda City Council Closed Session and Regular Meeting November 08, 2023

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PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

PROCLAMATIONS/PRESENTATIONS:

7. Family Court Awareness Month

8. Cash Assistance Program Quarterly Update by Mission Asset Fund

9. Senior Center Code of Conduct
WRITTEN COMMUNICATIONS:

NONE
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.)

10. Regular Meeting Minutes of October 25, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

11. Special Meeting Minutes of October 25, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

12. Special Meeting Minutes of October 30, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

13. Investment Report – July 31, 2023

14. Authorization to file a Notice of Completion for Meter Exchange Project 2023

15. Authorize Execution of Amendment No. 1 Between the City of Coachella and Conserve Landcare LLC for Project No. 042623, in the Amount of $450,000

16. Authorize Execution of Amendment No. 1 Between the City of Coachella and Yunex LLC for Project No. 093021, Increasing Compensation in the Amount of $60,000 and Allocating $60,000 from Undesignated General Funds to the Street Division Professional Services Account

17. Award Professional Services Agreement to The Christmas Kings for the Holiday Lighting and Decorations Project No. 072023 for $50,000.

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Agenda City Council Closed Session and Regular Meeting November 08, 2023

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

19. Authorize execution of Amendment No. 3 between the City of Coachella and CV Pipeline for storm drain system maintenance services, for $150,000; increase appropriation of $50,000 for street division storm drain professional services account.

20. Authorize execution of Amendment No. 1 between the City and BRC Construction for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122, increasing compensation by $150,000.

21. Amendment #3 to the Professional Services Agreement with Angenious Engineering Services, Inc. in the Amount of $99,027.50 to Provide Professional Engineering Services for the Avenue 50 Bridge over the Whitewater Channel Project, City Project ST-69

22. Adopt Ordinance No. 1208 (Sevilla II) approving Change of Zone No. 22-05, to Change the Existing Zone From General Neighborhood (G-N) to General Neighborhood-Planned Unit Development (GN-PUD) for a Proposal to Subdivide 39 Acres Into 204 Single Family Lots With a Minimum Lot Size of 5,000 Square Feet With Three Single Family Residential Production Model Homes With 3 Elevation Options Located West of Van Buren Street, South of Avenue 50 and North of Avenue 51, APN #’s 779-280-002 and 779- 320-001; Applicant: The Pulte Group (Second Reading)

23. Authorize Execution of Professional Services Agreement Between the City of Coachella and Urban Futures, Inc. for the Amount of $100,000 for Financial Analysis and Budget Preparation Assistance Services

24. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of November 8, 2023, $1,040,247.85
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

25. Consideration of Conditions for Approval of an Equipment Lease/Purchase Agreement with Respect to the Aquisition, Financing and Purchase of Certain Equipment in Connection with Resolution No. 2023-72 Approved by the City Council on October 25, 2023

26. Approve conceptual design and appropriate $1,000,000 to the Civic Center Pandemic Retrofit Project.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

NONE
PUBLIC COMMENTS (NON-AGENDA ITEMS):

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

REPORTS AND REQUESTS:

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Agenda City Council Closed Session and Regular Meeting November 08, 2023

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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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WHEREAS, the mission of the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children, and;
WHEREAS, the mission at the FCAMC is fueled by the desire to create awareness and change in the family court system for the conservatively estimated, 58,000 children a year ordered into unsupervised contact with abusive parents, while honoring the hundreds of children who have been reported as murdered during visitation with a dangerous parent, and; WHEREAS, the mission of the FCAMC is to increase awareness on the importance of empirically-based education and training on domestic violence and child abuse, including emotional, psychological, physical, and sexual abuse, as well as childhood trauma, coercive control, and post separation abuse for judges and all professionals working on cases within the family court system, and; WHEREAS, the mission of the FCAMC is to increase awareness on the importance of using scientifically valid, evidence-based, treatment programs and services that are proven in terms of safety, effectiveness, and therapeutic value, and;
WHEREAS, the mission at the FCAMC is to educate judges and other family court professionals on evidence-based, peer-reviewed research. Such research is a critical component to making decisions that are truly in the best interest of children. I encourage all residents to support their local communities' efforts to prevent the harm of children in the hands of family members and to honor and value the lives of children.

NOW THEREFORE, I, Steven A. Hernandez, Mayor and Councilmember of the City of Coachella, by the power vested in us, do hereby recognize
Family Court Awareness Month
I encourage all residents to support their local communities’ efforts to prevent the harm of children in the hands of family members and to honor and value the lives of children IN WITNESS HEREOF, I have hereunto set my hand and
caused the official seal of the City of Coachella, California to be affixed this 8
th day of November 2023.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California

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Item 7.

COACHELLA SENIOR CENTER

CODE OF CONDUCT

1. Senior Center services are for those ages 55 and older.

2. Please limit personal items to one bag. Personal items must be kept with you at all times; unattended items will be
discarded.

3. Being under the influence of alcohol or illegal drugs; possession of alcohol or illegal drugs is not permitted at any time.

4. Sharing of pharmaceuticals is prohibited.

5. Foul language or inappropriate conversations/behavior will not be tolerated. Use courteous language at all times.

6. Proper attire must be worn at all times.

7. No lying down, sleeping, moving of furniture or blocking walkways.

8. Unreasonable use of restroom, such as laundering and bathing are prohibited.
a. Shower use will be available if an accident occurs and only if a family member is available to assist Senior.

9. The facility prohibits any activity or condition that unreasonably interferes with patron or staff, safety, use and peaceful enjoyment of the facility, including but not limited to:
a.Harassing or threatening facility users or staff.
b.Staring at, following or bothering facility users or staff. c. Making any loud or unreasonable noise or other
disturbance such as loud talking.
d.Offensive body odor due to poor personal hygiene.

10. Seniors that are not independent must come escorted by their caregiver.

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Item 9.

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

MINUTES

OF A REGULAR MEETING
OF THE

CITY OF COACHELLA

CITY COUNCIL 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, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION
October 25, 2023
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

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Item 10.

Minutes City Council Regular Meeting October 25, 2023

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CALL TO ORDER: - 6:46 P.M.

The Regular Meeting of the City of Coachella was called to order at 6:46 P.M. by Mayor Hernandez ROLL CALL:

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

Absent: City Clerk Zepeda and City Treasure Aviles
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” The City Manager requested to move item 6 to item 1 due to staff waiting and to continue items 10 and 17 from the agenda until further research.

Motion: To approve the Agenda with the modification
Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Virgen
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Virgen Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
PLEDGE OF ALLEGIANCE:

Gabriel Perez led the pledge of allegiance.

PROCLAMATIONS/PRESENTATIONS:

1. Code Enforcement Officer Appreciation Week

2. Joint Presentation by South Coast Air Quality Management District and Community Steering Committee Regarding Eastern Coachella Valley AB 617 EJ Air Quality Improvement Program

3. Coachella Valley Mosquito & Vector Control District Annual Update Mayor Hernandez would like Jeremy Whittie to come and present at the community event that the city puts on once a year to inform the community about Mosquito prevention.

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Item 10.

Minutes City Council Regular Meeting October 25, 2023

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4. Holiday Parade

5. Presentation on Parks

6. The American Rescue Plan Act (ARPA) Presentation
The council requested staff bring back The American Rescue Plan Act with recommendations on allocating funds.

Mayor Pro Tem Galarza stepped away at 6:53 p.m. and returned at 6:54 p.m.

Councilmember Delgado stepped away at 7:44 p.m. and returned at 7:45 p.m.

Councilmember Virgin stepped away at 8:07 p.m. and returned at 8:10 p.m.

Mayor Pro Tem Galarza stepped away at 8:13 p.m. and returned at 8:20 p.m.

Mayor Hernandez stepped away at 8:22 p. m. and returned at 8:23 p.m.

Councilmember Virgin stepped away at 8:29 p.m. and returned at 8:37 p.m.

Councilmember Dr. Figueroa stepped away at 8:45 p.m. and returned at 8:49 p.m.

WRITTEN COMMUNICATIONS:

None
CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)

7. Regular Meeting Minutes of October 11, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

8. Department Quarterly Reports

9. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of October 25, 2023, $1,915,216.45.

10. Approve a New Lease Between the City of Coachella and Sunline Transit Agency for the Forthcoming New Transit Center on Fourth Street, Authorizing the City Attorney to Make Minor Non-Substantive Changes The City Manager requested to continue item 10 from the agenda until further research.

11. Amendment No. 3 to the Sub-Reimbursement Agreement by and between Coachella Valley Association of Governments (CVAG), City of Coachella, and Riverside County (County) for the Avenue 48 Widening Project between Van Buren and Dillon Road, City Project ST-131

12. Purchase of Office Furniture from Total Plan in an Amount of $40,499.59 for the Fire Station #79 Rehabilitation and Expansion, City Project F-7

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Item 10.

Minutes City Council Regular Meeting October 25, 2023

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13. Award Construction Contract with Allied Paving Co. in the amount of $122,335 plus 15% contingency for pavement rehabilitation in Lewis Homes, which is a portion of the Street Pavement Rehabilitation Phase 19 – City Project ST-118

14. Authorize a Community Sponsorship to Animal Action League in the Amount of $16,000 to Support Public Spay/Neuter Clinic Events

15. Sponsorship of Raices Cultura for the 2023 Dia de los Muertos Celebration in the Amount of $15,000

16. Resolution No. 2023-70 Adopting Standard Conditions of Approval for Monopole Wireless Telecommunication Facilities
The City Manager requested moving item 16 from the New Business Calendar to the Consent Calendar Motion: To approve the consent calendar items except item 10 to be continued and moving item 16 to New Business.

Made by: Mayor Hernandez
Seconded by: Councilmember Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Virgen Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez
NOES: None
ABSTAIN: Mayor Hernandez from item 11
ABSENT: None
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

17. Adopt Resolution No. 2023-66 to Support the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park
The City Manager requested to continue item 17 from the agenda until further research.

18. Provide staff direction for 2023 Hometown Heroes Honorees Mayor Hernandez nominated Laura Garcia, Councilmember Dr. Figueroa nominated Araceli De La Torre, Mayor Pro Tem nominated Oralia Ortiz and Ruben Gonzalez, and Councilmember Delgado nominated Susie Del Toro.

Motion: To approve the nominations for the Hometown Heroes Honorees.

Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:

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Item 10.

Minutes City Council Regular Meeting October 25, 2023

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AYES: Councilmember Dr. Figueroa, Councilmember Virgen Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
Mayor Hernandez would like to see a plaque for Susie Del Toro on the Veterans Wall put next to her husband's plaque to honor her hard work and dedication to the Veterans.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

NONE
PUBLIC COMMENTS (NON-AGENDA ITEMS):

Public Comments taken at 8:02 p.m., in between Proclamations/Presentations 5 and 6 France Fernandez from South Coast Air Quality Management District talked about the “Check Before You Burn” season that is right around the corner from November to the end of February. Residents are asked to check before burning wood in their fireplaces. They can find more information on their “Check Before You Burn” page at AQMD.gov.\CVYB. They are also taking nominations for clean air awards.

Armando Martinez was a no show.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

Councilmember Dr. Figueroa attended the DAP check signing and is looking forward to the Halloween carnival tomorrow.

Councilmember Virgin attended CVAC, and the SCAG Energy Committee meeting topic was on Mylar balloons. Cities are starting to ban them because of the damage they cause. She is concerned about the impact it will have if Coachella bands Mylar balloons. She complimented staff on how well Tacos, Tequila, and Chavelas event tuned out, but will not judge next year due to the amount of food.

Councilmember Delgado has been added to the California League of City Riverside County Division Executive Committee. She accepted to attend the Naleo Policy Institute on Health Creating Pathways towards Latinos well-being. She attended the Tacos, Tequila, and Chavelas event and saw fewer attendees this year. She requested reconsideration of charging for the event promotion. She attended El Grito event and it was great. She would like considering changing the time it ends next year. SCAG will be holding an elected official workshop in Palm Desert on November 6 and would like councilmembers to participate. The police office and Public

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Item 10.

Minutes City Council Regular Meeting October 25, 2023

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Safety Awards 25th annual is coming up, and she would like a calendar reminder. Councilmember Delgado wants to see a Public outreach regarding the park on Ave 52. She would like the public to hear from the City other than sharing the news. She is looking forward to the breakfast with the Veterans and Synergy event and Dia De Los Muertos Run.

Mayor Pro Tem Galarza is looking forward to all the fall events that are coming up in the City of Coachella. He attended the State Budget event signing with Assemblymember Garcia. He applauded for the money received for the community.

Mayor Hernandez would like staff to pay attention to the lighting on the street. He would like an update on a road system of what is coming up next. He requested an update on the Blue Zone program and an update on the number of seniors expelled or suspended from the Senior Center and staff hours.

City Manager’s Comments.

None
ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 9:13 p.m.
_______________________
Angela Zepeda
City Clerk

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Item 10.

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

MINUTES

OF A SPECIAL MEETING
OF THE

CITY OF COACHELLA

CITY COUNCIL SPECIAL 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, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION
October 25, 2023
8:00 PM – SPECIAL MEETING
In-Person Meeting
Location:

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Item 11.

Minutes City Council Special Meeting October 25, 2023

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CALL TO ORDER: - 9:14 P.M.

The Special Meeting of the City of Coachella was called to order at 9:14 P.M. by Mayor Hernandez ROLL CALL:

Present: Councilmember Dr. Figueroa, Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez

Absent: City Clerk Zepeda and City Treasure Aviles
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” Motion: To approve the Agenda
Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Virgen
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Virgen Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
PLEDGE OF ALLEGIANCE:

Previously led the Pledge of Allegiance in the regular meeting earlier today.

PROCLAMATIONS/PRESENTATIONS:

None
WRITTEN COMMUNICATIONS:

None
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.) None

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Item 11.

Minutes City Council Special Meeting October 25, 2023

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NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

1. Adopt Resolution No. 2023-72 Authorizing the City Manager the Execution and Delivery of an Equipment/Purchase Agreement with Respect to the Acquisition, Financing and Purchase of Certain Equipment for the Public Benefit within the Terms Provided Herein; Authorizing the Execution and Delivery of Documents Required in Connection Therewith; and Authorizing the Taking of all Other Actions Necessary to the Consummation of the Transactions Contemplated by this Resolution Motion: To adopt Resolution No. 2023-72
Made by: Mayor Hernandez
Seconded by: Councilmember Virgen
Approved: 5-0, Unanimous roll call vote:

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

2. Adopt Resolution No. SD-2023-05 Authorizing the District Manager the Execution and Delivery of a Construction Access, Reimbursement & Lease Agreement with the City of Coachella and Authorizing the Taking of All Other Actions Necessary to the Consummation of the Transactions Contemplated by the this Resolution.

Motion: To adopt Resolution No. SD-2023-05, with the condition of the optimization processing, cannot be met. The project needs to be reconsidered and brought back to the Council.

Made by: Mayor Hernandez
Seconded by: Councilmember Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Virgen Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

None

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Item 11.

Minutes City Council Special Meeting October 25, 2023

Page 4 ends

PUBLIC COMMENTS (NON-AGENDA ITEMS):

None
REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

None
City Manager’s Comments.

None
ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 9:42 p.m.
___________________________
Angela Zepeda
City Clerk

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Item 11.

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

MINUTES

OF A SPECIAL MEETING
OF THE

CITY OF COACHELLA

CITY COUNCIL SPECIAL 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, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION
October 30, 2023
6:00 PM – SPECIAL MEETING
In-Person Meeting
Location:

Page 18 ends

Item 12.

Minutes City Council Special Meeting October 30, 2023

Page 2 ends

CALL TO ORDER: - 6:00 P.M.

Mayor Hernandez called the Special Meeting of the City of Coachella to order at 6:00 P.M.

ROLL CALL:

Present: Councilmember Dr. Figueroa, Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez
City Clerk Zepeda

Absent: Mayor Pro Tem Galarza, and City Treasure Aviles 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” Motion: To approve the Agenda
Made by: Councilmember Virgen
Seconded by: Councilmember Dr. Figueroa
Approved: 4-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Virgen Councilmember Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
PLEDGE OF ALLEGIANCE:

City Manager Gabriel Martin led the pledge of allegiance PROCLAMATIONS/PRESENTATIONS:

NONE
WRITTEN COMMUNICATIONS:

Letter from Property owner Nigosian Ranch
Response letter Nigosian Ranch the Property Owner from project applicant Pulte Group.

CONSENT CALENDAR:

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Item 12.

Minutes City Council Special Meeting October 30, 2023

Page 3 ends

(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.) NONE.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

NONE.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

1. Sevilla II Project
Change of Zone No. 22-05, Tentative Tract Map No 38557, Conditional Use Permit No. 372, Architectural Review No. 23-13, Street Names and Environmental Assessment No. 22-06, a proposal to subdivide 39 acres into 204 single family lots with a minimum lot size of 5,000 square feet with three single family residential production model homes with 3 elevation options located west of Van Buren Street, south of Avenue 50 and north of Avenue 51, APN #’s 779-280-002 and 779-320-001; Applicant: The Pulte Group Motion: To approve the Sevilla II Project items with the conditions.

Made by: Mayor Hernandez
Seconded by: Councilmember Virgen
Approved: 4-0, Unanimous roll call vote:

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

Public Comments opened at 6:17 p.m.

David from Pulte Home provided history of the company to the Coachella Valley REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

Councilmember Virgen comments on how the staff is working on a policy for short-term rentals and that the family can live here full time.

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Item 12.

Minutes City Council Special Meeting October 30, 2023

Page 4 ends

Mayor Hernandez comments they should add an ordinance on leaving the short-term rental and it should be up to the Councilmember. Also commented on controlling short-term members and letting first-time homeowners buy a new home.

Councilmember Delgado comments on why staff opposes the short-term rental and why they cannot enforce it.

Councilmember Virgen inquired about IID issues regarding solar panel help.

City Manager’s Comments.

None
ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 6:58 p.m.
_______________________
Angela Zepeda
City Clerk

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Item 12.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 6/30/2023 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 7/31/2023

CASH ON HAND
Wells Fargo-General Checking N/A 6,048,662.17 1,138,843.43 - - - 7,187,505.60 - Sweep Account 4.966% 12,091,553.48 (3,257,975.91) 8,833,577.57 - Wells Fargo-Road Maintenance N/A 6,469.36 84,438.23 - - 90,907.59 - Wells Fargo-Gas Tax N/A 317,424.20 93,894.04 - - - 411,318.24 - - Wells Fargo- Payroll Acct N/A (16,569.60) 27,140.62 10,571.02 - Petty Cash N/A 6,000.00 - - - - 6,000.00
Total Cash on Hand 18,453,539.61 (1,913,659.59) - - - 16,539,880.02

INVESTMENTS
State of California - LAIF 2.17% 18,217,341.86 143,031.66 - - 18,360,373.52 - Investment Management Acct 1.47% 33,307,143.76 101,165.46 - - 33,408,309.22 Total Investments 51,524,485.62 - 244,197.12 - - 51,768,682.74

CASH WITH FISCAL AGENT
US Bank varies 4,204,607.86 - 124.31 - - 4,204,732.17 ① - Wells Fargo Bank, N.A. 5.83% 442.53 - 1.69 - - 444.22 ② - Wilmington Trust, N. A. 0.03% 2,428,815.01 (446,652.51) 7,859.85 - - 1,990,022.35 ③ Total Cash with Fiscal Agent 6,633,865.40 (446,652.51) 7,985.85 - - 6,195,198.74 Grand Total 76,611,890.63 (2,360,312.10) 252,182.97 - - 74,503,761.50 Completed By:

Reviewed By: Ruben Ramirez- Controller

CITY OF COACHELLA

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

DESCRIPTION
Lourdes Marrón-Accountant

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Item 13.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 6/30/2023 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 7/31/2023

CITY OF COACHELLA

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

DESCRIPTION

CASH WITH FISCAL AGENT

US BANK

COACHELLA FINANCING AUTHORITY
Successor Agency to the Coachella Redevelopments Agency 2014 Series A/C #: 6712104701 Debt Service Fund 0.00% 774.71 - 3.17 - - 777.88 A/C #: 6712104702 Interest Account 0.00% - - - - - -
A/C #: 6712104703 Principal Account 0.00% - - - - - -
A/C #: 6712104704 Reserve Account 0.00% 827,612.50 - - - - 827,612.50

COACHELLA SANITARY DISTRICT
WASTEWATER SERIES 2015A
A/C #: 6712148601 Bond Fund 0.00% 1,192.10 4.89 - - 1,196.99 A/C #: 6712148602 Interest Account 0.00% - - - - - -
A/C #: 6712148603 Principal Account 0.00% - - - -
A/C #: 6712148604 Reserve Account 0.00% 310,175.00 - - - - 310,175.00 COACHELLA SANITARY DISTRICT: PROJECT FUND 2011
A/C #: 6711963500 Project Fund 2011 0.0100% 26,136.65 - 107.10 - - 26,243.75

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Item 13.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 6/30/2023 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 7/31/2023

CITY OF COACHELLA

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

DESCRIPTION

COACHELLA SUCCESSOR AGENCY
MERGED PROJECT AREAS BONDS 98 & 99: BONDS 2013
A/C #: 6712071401 Interest Account 0.00% 236.38 - 0.97 - - 237.35 A/C #: 6712071402 Interest Account 0.00% (0.00) - - - - (0.00) A/C #: 6712071403 Principal Account 0.00% - - - - - -
A/C #: 6712071404 Reserve Account 0.00% 406,487.50 - - - - 406,487.50 SA TO COACHELLA RDA REFUNDING BONDS SERIES 2016A & 2016B A/C #: 6712160601 Debt Service 0.00% 1,995.66 - 8.18 - - 2,003.84 A/C #: 6712160602 Interest Account 0.00% - - - - - -
A/C #: 6712160603 Principal Account 0.00% - - - - - -
A/C #: 6712160604 Reserve Account 0.00% 2,017,074.78 - - - - 2,017,074.78 COACHELLA LEASE BONDS 2016
A/C #: 6712179801 Payment Account 0.0000% 591.32 - - - 591.32 A/C #: 6712179802 Interest Account 0.0000% (0.00) - - - - (0.00) A/C #: 6712179803 Principal Account 0.0000% - - - - - - A/C #: 6712179804 Reserve Account 0.0000% 612,331.26 - - - - 612,331.26 TOTAL US BANK OF CALIFORNIA 4,204,607.86 - 124.31 - - 4,204,732.17 ①

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Item 13.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 6/30/2023 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 7/31/2023

CITY OF COACHELLA

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

DESCRIPTION
WELLS FARGO BANK, N.A.

GAS TAX BONDS SERIES 2019
A/C #: 83925300 Debt Service Fund 0.0000% 416.73 - 1.59 - - 418.32 A/C #: 83925301 Interest Account 0.0000% 7.71 - 0.03 - - 7.74 A/C #: 83925302 Principal Account 0.0000% 18.09 0.07 - 18.16 TOTAL WELLS FARGO BANK, N.A. 442.53 - 1.69 - - 444.22 ② WILMINGTON TRUST, N. A.

CITY OF COACHELLA TAXABLE PENSION OBLIGATION BONDS
A/C #: 144613-000 Revenue Account 0.03% 2,593.84 9.23 - - 2,603.07 A/C #: 144613-001 Interest Account 0.03% 191,129.99 (191,129.99) 49.98 - - 49.98 A/C #: 144613-002 Principal Account 0.00% 1,050,137.28 (1,050,000.00) 275.10 - - 412.38 CITY OF COACHELLA 2022A BOND FUND
A/C #: 154278-000 Bond Fund 1.76% 24,590.29 (19,986.46) 661.53 - - 5,265.36 A/C #: 154278-001 Interest Account 0.00% - 95,100.00 64.58 - - 95,164.58 A/C #: 154278-002 Principal Account 0.00% - 135,000.00 91.69 - - 135,091.69 A/C #: 154278-004 Project FD Account 1.76% 1,162,627.43 (4,509.06) 4,705.09 - - 1,162,823.46 CITY OF COACHELLA 2022B BOND FUND
A/C #: 155657-000 Bond Fund 1.76% 330.02 (327.00) 1,611.70 - - 1,614.72 A/C #: 155657-001 Interest Account 0.00% - 114,200.00 77.56 - - 114,277.56 A/C #: 155657-002 Principal Account 0.00% - 475,000.00 322.62 - - 475,322.62 A/C #: 155657-004 COI Account 0.00% - - - - - -
TOTAL WILMINGTGON TRUST BANK, N.A. 2,428,815.01 (446,652.51) 7,859.85 - - 1,990,022.35 ③ TOTAL CASH WITH FISCAL AGENT 6,633,865.40 (446,652.51) 7,985.85 - - 6,195,198.74

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Item 13.

US TREASURY N/B NOTES
DTD 07/15/2021 0.375% 07/15/2024
91282CCL3 950,000.00 AA+ Aaa 02/17/22 02/18/22 922,798.83 1.59 164.57 939,187.69 906,062.50

US TREASURY NOTES
DTD 07/31/2017 2.125% 07/31/2024
9128282N9 125,000.00 AA+ Aaa 08/01/19 08/05/19 126,933.59 1.80 7.22 125,387.35 121,074.23

US TREASURY NOTES
DTD 08/31/2017 1.875% 08/31/2024
9128282U3 165,000.00 AA+ Aaa 09/03/19 09/05/19 169,299.02 1.33 1,294.67 165,934.36 158,941.40

US TREASURY NOTES
DTD 10/02/2017 2.125% 09/30/2024
9128282Y5 295,000.00 AA+ Aaa 10/01/19 10/03/19 303,815.43 1.50 2,106.71 297,058.87 284,306.25

US TREASURY NOTES
DTD 10/31/2019 1.500% 10/31/2024
912828YM6 195,000.00 AA+ Aaa 01/11/21 01/12/21 203,630.27 0.33 739.20 197,841.52 186,103.13

US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 425,000.00 AA+ Aaa 01/03/20 01/07/20 434,844.73 1.63 1,529.89 427,679.92 407,867.19

US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 580,000.00 AA+ Aaa 12/02/19 12/04/19 591,917.19 1.69 2,087.84 583,183.58 556,618.75

US TREASURY N/B NOTES
DTD 01/15/2022 1.125% 01/15/2025
91282CDS7 1,265,000.00 AA+ Aaa 02/17/22 02/18/22 1,244,888.48 1.69 657.42 1,254,906.37 1,193,250.72

US TREASURY NOTES
DTD 02/17/2015 2.000% 02/15/2025
912828J27 130,000.00 AA+ Aaa 03/02/20 03/04/20 137,205.86 0.85 1,199.45 132,246.60 123,946.88

US TREASURY NOTES
DTD 03/31/2020 0.500% 03/31/2025
912828ZF0 1,330,000.00 AA+ Aaa 07/05/22 07/07/22 1,248,953.13 2.83 2,234.84 1,280,624.75 1,233,782.75

US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 555,000.00 AA+ Aaa 08/02/21 08/06/21 548,799.61 0.53 580.64 551,824.70 504,876.56

US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 1,500,000.00 AA+ Aaa 07/06/22 07/07/22 1,381,816.41 2.89 1,569.29 1,421,861.24 1,364,531.25

US TREASURY NOTES
DTD 09/30/2020 0.250% 09/30/2025
91282CAM3 460,000.00 AA+ Aaa 09/07/21 09/09/21 452,273.44 0.67 386.48 455,876.04 417,593.75

US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 350,000.00 AA+ Aaa 03/01/22 03/01/22 333,361.33 1.59 221.13 339,793.29 316,531.25

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Item 13.

US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 410,000.00 AA+ Aaa 10/04/21 10/06/21 401,319.53 0.78 259.03 405,198.29 370,793.75

US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
91282CAZ4 210,000.00 AA+ Aaa 11/02/21 11/03/21 204,659.77 1.01 133.40 206,942.29 189,984.38

US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 190,000.00 AA+ Aaa 04/05/21 04/07/21 185,494.92 0.89 61.96 187,699.26 171,593.75

US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 350,000.00 AA+ Aaa 01/11/21 01/12/21 347,867.19 0.50 114.13 348,961.81 316,093.75

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 160,000.00 AA+ Aaa 05/03/22 05/04/22 145,500.00 2.95 1.63 150,312.13 143,975.01

US TREASURY NOTES
DTD 01/31/2019 2.625% 01/31/2026
9128286A3 255,000.00 AA+ Aaa 02/04/21 02/08/21 282,063.87 0.47 18.19 268,606.37 242,807.81

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 270,000.00 AA+ Aaa 02/26/21 02/26/21 264,410.16 0.80 2.75 267,161.60 242,957.83

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 475,000.00 AA+ Aaa 07/02/21 07/07/21 465,871.09 0.80 4.84 470,000.70 427,425.81

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 1,320,000.00 AA+ Aaa 02/17/22 02/18/22 1,246,626.56 1.84 13.45 1,273,525.07 1,187,793.81

US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 310,000.00 AA+ Aaa 03/05/21 03/09/21 305,676.95 0.79 648.64 307,758.77 279,096.88

US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 630,000.00 AA+ Aaa 12/03/21 12/07/21 613,019.53 1.15 1,318.21 619,640.15 567,196.87

US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 290,000.00 AA+ Aaa 06/02/21 06/04/21 289,365.62 0.79 368.44 289,639.98 261,000.00

US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 325,000.00 AA+ Aaa 06/06/22 06/08/22 297,857.42 2.99 412.91 305,684.50 292,500.00

US TREASURY N/B NOTES
DTD 09/30/2021 0.875% 09/30/2026
91282CCZ2 300,000.00 AA+ Aaa 04/05/22 04/07/22 276,222.66 2.77 882.17 283,209.16 268,781.25

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Item 13.

US TREASURY NOTES
DTD 02/15/2017 2.250% 02/15/2027
912828V98 295,000.00 AA+ Aaa 07/05/22 07/07/22 287,371.48 2.85 3,062.05 289,138.18 274,534.38

US TREASURY NOTES
DTD 02/15/2017 2.250% 02/15/2027
912828V98 925,000.00 AA+ Aaa 09/14/22 09/15/22 871,451.17 3.68 9,601.35 882,068.04 860,828.12

US TREASURY N/B NOTES
DTD 04/30/2020 0.500% 04/30/2027
912828ZN3 1,110,000.00 AA+ Aaa 08/03/22 08/05/22 992,062.50 2.92 1,402.58 1,016,686.81 963,618.75

US TREASURY NOTES
DTD 08/15/2017 2.250% 08/15/2027
9128282R0 1,050,000.00 AA+ Aaa 09/01/22 09/06/22 995,490.23 3.40 10,898.83 1,005,431.31 970,265.63

US TREASURY N/B NOTES
DTD 09/30/2022 4.125% 09/30/2027
91282CFM8 500,000.00 AA+ Aaa 11/01/22 11/03/22 496,738.28 4.27 6,931.35 497,231.54 496,718.75

US TREASURY N/B NOTES
DTD 10/31/2022 4.125% 10/31/2027
91282CFU0 340,000.00 AA+ Aaa 12/06/22 12/08/22 344,728.13 3.81 3,544.36 344,104.06 337,875.00

US TREASURY NOTES
DTD 10/31/2020 0.500% 10/31/2027
91282CAU5 1,210,000.00 AA+ Aaa 01/04/23 01/06/23 1,030,437.89 3.91 1,528.94 1,051,568.85 1,033,982.75

US TREASURY NOTES
DTD 01/31/2021 0.750% 01/31/2028
91282CBJ9 1,130,000.00 AA+ Aaa 02/07/23 02/08/23 973,962.89 3.82 23.03 988,897.13 969,681.25

US TREASURY N/B NOTES
DTD 03/31/2023 3.625% 03/31/2028
91282CGT2 490,000.00 AA+ Aaa 05/01/23 05/02/23 489,502.34 3.65 5,969.36 489,527.57 477,903.13

US TREASURY N/B NOTES
DTD 03/31/2021 1.250% 03/31/2028
91282CBS9 575,000.00 AA+ Aaa 05/08/23 05/09/23 517,095.70 3.51 2,415.47 519,816.04 503,125.00

US TREASURY N/B NOTES
DTD 04/30/2023 3.500% 04/30/2028
91282CHA2 420,000.00 AA+ Aaa 05/01/23 05/01/23 418,047.66 3.60 3,714.95 418,146.03 407,400.00

US TREASURY N/B NOTES
DTD 04/30/2023 3.500% 04/30/2028
91282CHA2 460,000.00 AA+ Aaa 05/15/23 05/16/23 460,844.53 3.46 4,068.75 460,808.62 446,200.00

US TREASURY N/B NOTES
DTD 05/31/2023 3.625% 05/31/2028
91282CHE4 740,000.00 AA+ Aaa 06/01/23 06/02/23 737,051.56 3.71 4,544.13 737,148.50 722,309.41

US TREASURY N/B NOTES
DTD 06/30/2023 4.000% 06/30/2028
91282CHK0 300,000.00 AA+ Aaa 07/06/23 07/10/23 295,054.69 4.37 1,043.48 295,114.57 297,609.36

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Item 13.

INTL BK RECON & DEVELOP NOTES
DTD 11/24/2020 0.250% 11/24/2023
459058JM6 150,000.00 AAA Aaa 11/17/20 11/24/20 149,677.50 0.32 69.79 149,966.13 147,555.90

INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
4581X0DZ8 300,000.00 AAA Aaa 09/15/21 09/23/21 299,778.00 0.52 533.33 299,915.13 283,817.70 Security Type Sub-Total 450,000.00 449,455.50 0.46 603.12 449,881.26 431,373.60 Municipal Bond / Note

CA ST TXBL GO BONDS
DTD 10/24/2019 2.400% 10/01/2023
13063DRJ9 190,000.00 AA- Aa2 10/16/19 10/24/19 193,801.90 1.87 1,520.00 190,161.28 189,082.30

MS ST TXBL GO BONDS
DTD 08/06/2020 0.565% 11/01/2024
605581MZ7 200,000.00 AA Aa2 07/24/20 08/06/20 200,000.00 0.57 282.50 200,000.00 187,766.00

OR ST DEPT TRANS TXBL REV BONDS
DTD 09/17/2020 0.566% 11/15/2024
68607DVA0 135,000.00 AAA Aa1 09/11/20 09/17/20 135,000.00 0.57 161.31 135,000.00 127,475.10

FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 40,000.00 AA Aa3 09/03/20 09/16/20 40,282.80 1.11 41.93 40,113.18 37,112.00

FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 110,000.00 AA Aa3 09/03/20 09/16/20 110,000.00 1.26 115.32 110,000.00 102,058.00

LOS ANGELES CCD, CA TXBL GO BONDS
DTD 11/10/2020 0.773% 08/01/2025
54438CYK2 80,000.00 AA+ Aaa 10/30/20 11/10/20 80,000.00 0.77 309.20 80,000.00 73,741.60

NJ TURNPIKE AUTHORITY TXBL REV BONDS
DTD 02/04/2021 1.047% 01/01/2026
646140DP5 40,000.00 AA- A1 01/22/21 02/04/21 40,000.00 1.05 34.90 40,000.00 36,593.20 Security Type Sub-Total 795,000.00 799,084.70 1.06 2,465.16 795,274.46 753,828.20 Federal Agency Commercial Mortgage-Backed Security

FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
3136AJB54 36,893.10 AA+ Aaa 12/13/19 12/18/19 38,685.88 2.14 102.87 37,141.87 36,384.24

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Item 13.

Managed Account Detail of Securities Held For the Month Ending July 31, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Commercial Mortgage-Backed Security
FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
3137BGK24 110,000.00 AA+ Aaa 03/19/20 03/25/20 115,448.44 1.95 280.68 111,553.06 106,285.10 FHMS K061 A2
DTD 01/30/2017 3.347% 11/01/2026
3137BTUM1 240,000.00 AA+ Aaa 05/19/23 05/24/23 232,612.50 4.31 669.40 233,018.02 228,679.80 FHMS KJ46 A1
DTD 07/01/2023 4.777% 06/01/2028
3137HAD45 275,000.00 AA+ Aaa 07/19/23 07/27/23 274,993.13 4.78 1,094.73 274,993.15 272,107.14 FHMS K505 A2
DTD 07/01/2023 4.819% 06/01/2028
3137HACX2 325,000.00 AA+ Aaa 07/13/23 07/20/23 328,246.10 4.59 1,305.15 328,224.19 325,188.68 FNA 2023-M6 A2
DTD 07/01/2023 4.190% 07/01/2028
3136BQDE6 345,000.00 AA+ Aaa 07/18/23 07/31/23 339,151.17 4.58 1,204.63 339,154.42 336,602.70 Security Type Sub-Total 1,331,893.10 1,329,137.22 4.29 4,657.46 1,324,084.71 1,305,247.66 Federal Agency Bond / Note

FEDERAL HOME LOAN BANKS NOTES
DTD 12/09/2013 3.375% 12/08/2023
3130A0F70 190,000.00 AA+ Aaa 01/30/19 01/31/19 195,600.04 2.72 944.06 190,407.68 188,544.60

FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
3130AJHU6 200,000.00 AA+ Aaa 04/15/20 04/16/20 199,008.00 0.60 297.22 199,661.72 185,216.40

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 260,000.00 AA+ Aaa 04/22/20 04/24/20 259,464.40 0.67 446.88 259,815.01 241,111.52

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 360,000.00 AA+ Aaa 06/03/20 06/05/20 361,843.20 0.52 618.75 360,651.64 333,846.72

FREDDIE MAC NOTES (CALLABLE)
DTD 05/29/2020 0.750% 05/28/2025
3134GVB31 200,000.00 AA+ Aaa 06/05/20 06/09/20 199,400.00 0.81 262.50 199,779.71 184,624.40

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 175,000.00 AA+ Aaa 07/02/20 07/07/20 175,201.25 0.48 106.94 175,076.44 160,914.43

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 225,000.00 AA+ Aaa 10/01/20 10/05/20 226,055.25 0.40 137.50 225,421.85 206,889.97

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 305,000.00 AA+ Aaa 06/17/20 06/19/20 304,368.65 0.54 186.39 304,762.55 280,450.86

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Item 13.

FREDDIE MAC NOTES
DTD 07/23/2020 0.375% 07/21/2025
3137EAEU9 185,000.00 AA+ Aaa 07/21/20 07/23/20 184,078.70 0.48 19.27 184,636.33 169,195.64

FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 195,000.00 AA+ Aaa 08/25/20 08/27/20 194,087.40 0.47 316.88 194,622.25 177,690.44

FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 420,000.00 AA+ Aaa 10/21/20 10/22/20 417,727.80 0.49 682.50 419,029.69 382,717.86

FREDDIE MAC NOTES (CALLABLE)
DTD 08/30/2022 4.050% 08/28/2025
3134GXS54 1,000,000.00 AA+ Aaa 08/19/22 08/30/22 999,600.00 4.06 17,178.37 999,722.85 974,601.00

FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 285,000.00 AA+ Aaa 09/23/20 09/25/20 284,142.15 0.44 380.00 284,631.27 259,013.70

FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 185,000.00 AA+ Aaa 11/09/20 11/12/20 184,337.70 0.57 215.83 184,698.49 167,658.47 Security Type Sub-Total 4,185,000.00 4,184,914.54 1.52 21,793.09 4,182,917.48 3,912,476.01 Corporate Note

PFIZER INC CORP NOTES
DTD 03/11/2019 2.950% 03/15/2024
717081ES8 260,000.00 A+ A1 04/02/19 04/04/19 263,146.00 2.69 2,897.56 260,350.34 255,796.32 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
023135BW5 115,000.00 AA A1 05/10/21 05/12/21 114,832.10 0.50 113.56 114,956.34 110,610.22

TEXAS INSTRUMENTS INC CORP NOTES
(CALLAB
DTD 05/04/2017 2.625% 05/15/2024
882508BB9 300,000.00 A+ Aa3 02/23/22 02/25/22 304,716.00 1.90 1,662.50 301,429.28 293,216.40

WALMART INC CORPORATE NOTES
DTD 04/23/2019 2.850% 07/08/2024
931142EL3 360,000.00 AA Aa2 07/10/19 07/12/19 371,235.60 2.19 655.50 361,955.11 351,531.72

JPMORGAN CHASE & CO CORPORATE

NOTES (CAL
DTD 09/16/2020 0.653% 09/16/2024
46647PBS4 115,000.00 A- A1 09/09/20 09/16/20 115,000.00 0.65 281.61 115,000.00 114,289.53

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Item 13.

BANK OF AMERICA CORP (CALLABLE)

CORPORAT
DTD 10/21/2020 0.810% 10/24/2024
06051GJH3 150,000.00 A- A1 10/16/20 10/21/20 150,000.00 0.81 327.38 150,000.00 148,176.45

MICROSOFT CORP (CALLABLE) NOTES
DTD 02/12/2015 2.700% 02/12/2025
594918BB9 190,000.00 AAA Aaa 03/15/21 03/17/21 202,921.90 0.92 2,408.25 194,536.21 183,291.10

TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 60,000.00 A+ A1 05/20/20 05/26/20 60,586.20 1.58 504.00 60,191.09 56,951.40

TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 90,000.00 A+ A1 05/20/20 05/26/20 90,879.30 1.58 756.00 90,286.64 85,427.10

NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
66989HAP3 295,000.00 AA- A1 05/06/20 05/08/20 305,504.95 0.98 2,394.83 298,264.39 280,643.24 AMAZON.COM INC CORPORATE NOTES
DTD 04/13/2022 3.000% 04/13/2025
023135CE4 245,000.00 AA A1 04/11/22 04/13/22 244,610.45 3.06 2,205.00 244,779.28 236,803.77

CITIGROUP INC (CALLABLE) CORPORATE
NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 50,000.00 BBB+ A3 04/27/21 05/04/21 50,000.00 0.98 122.62 50,000.00 48,088.60

CITIGROUP INC (CALLABLE) CORPORATE
NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 55,000.00 BBB+ A3 04/28/21 05/04/21 55,145.75 0.91 134.89 55,036.54 52,897.46

GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 05/22/2015 3.750% 05/22/2025
38148LAE6 135,000.00 BBB+ A2 02/12/21 02/17/21 150,819.30 0.94 970.31 141,161.54 130,294.71

JPMORGAN CHASE & CO (CALLABLE) CORP
NOTE
DTD 06/01/2021 0.824% 06/01/2025
46647PCH7 115,000.00 A- A1 05/24/21 06/01/21 115,000.00 0.82 157.93 115,000.00 110,002.33

JPMORGAN CHASE & CO CORP NOTES
(CALLABLE
DTD 08/10/2021 0.768% 08/09/2025
46647PCM6 50,000.00 A- A1 08/03/21 08/10/21 50,000.00 0.77 183.47 50,000.00 47,305.35

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Item 13.

BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 72,000.00 A+ A2 06/17/21 06/21/21 71,282.88 0.98 117.00 71,627.15 65,289.38

BANK OF AMERICA CORP NOTES
(CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026
06051GKM0 220,000.00 A- A1 03/17/22 03/22/22 220,000.00 3.38 2,460.92 220,000.00 211,797.08

TARGET CORP CORP NOTES (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 25,000.00 A A2 01/19/22 01/24/22 24,957.50 1.99 21.67 24,970.46 22,908.43

TARGET CORP CORP NOTES (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 125,000.00 A A2 01/27/22 01/31/22 124,923.75 1.96 108.33 124,946.79 114,542.12

BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 200,000.00 A A1 01/26/22 01/28/22 200,644.00 1.98 56.94 200,446.45 180,465.40

BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 300,000.00 A A1 08/02/22 08/04/22 280,158.00 3.67 85.42 284,548.47 270,698.10

ADOBE INC (CALLABLE) CORP NOTE
DTD 02/03/2020 2.150% 02/01/2027
00724PAC3 360,000.00 A+ A2 12/13/22 12/15/22 332,316.00 4.20 3,870.00 336,517.22 331,385.40

JPMORGAN CHASE CORP NOTES (CALLABLE)
DTD 04/22/2021 1.578% 04/22/2027
46647PCB0 260,000.00 A- A1 08/02/22 08/04/22 235,172.60 3.81 1,128.27 240,391.83 234,425.62

HOME DEPOT INC CORP NOTES (CALLABLE)
DTD 09/14/2017 2.800% 09/14/2027
437076BT8 350,000.00 A A2 01/25/23 01/27/23 330,256.50 4.15 3,729.44 332,428.17 325,571.40

JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 07/14/2023 4.950% 07/14/2028
24422EXB0 115,000.00 A A2 07/11/23 07/14/23 114,828.65 4.98 268.81 114,830.34 115,600.88

JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 07/14/2023 4.950% 07/14/2028
24422EXB0 135,000.00 A A2 07/13/23 07/17/23 136,833.30 4.64 315.57 136,818.22 135,705.37 Security Type Sub-Total 4,747,000.00 4,715,770.73 2.49 27,937.78 4,690,471.86 4,513,714.88

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Item 13.

TORONTO DOMINION BANK NY CERT
DEPOS
DTD 10/31/2022 5.470% 10/25/2024
89115B6F2 325,000.00 A A1 10/27/22 10/31/22 325,000.00 5.44 13,530.65 325,000.00 324,827.49

COOPERAT RABOBANK UA/NY CERT DEPOS
DTD 07/20/2023 5.080% 07/17/2026
21684LGS5 325,000.00 A+ Aa2 07/17/23 07/20/23 325,000.00 5.08 504.47 325,000.00 317,823.35 Security Type Sub-Total 650,000.00 650,000.00 5.26 14,035.12 650,000.00 642,650.84 Asset-Backed Security
CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
14315XAC2 7,604.73 AAA NR 01/14/20 01/22/20 7,603.23 1.89 6.39 7,604.31 7,576.59 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 19,834.51 NR Aaa 02/17/21 02/24/21 19,834.14 0.27 1.49 19,834.36 19,434.79 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 24,178.10 AAA NR 04/20/21 04/28/21 24,175.56 0.38 4.08 24,176.87 23,596.52 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 13,587.45 AAA NR 01/20/21 01/27/21 13,584.76 0.34 2.05 13,586.14 13,213.59 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 59,757.00 AAA Aaa 09/21/21 09/27/21 59,752.24 0.43 11.42 59,754.28 57,640.21 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 39,962.07 AAA NR 04/13/21 04/21/21 39,953.46 0.52 9.24 39,957.52 38,616.96 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 34,224.53 AAA NR 11/09/21 11/17/21 34,216.89 0.75 11.26 34,219.79 32,983.81 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 55,000.00 AAA Aaa 09/20/21 09/27/21 54,988.22 0.58 14.18 54,992.59 52,004.27 Security Type Sub-Total 254,148.39 254,108.50 0.54 60.11 254,125.86 245,066.74 Managed Account Sub-Total 35,778,041.49 34,718,802.83 2.41 149,319.57 34,900,189.24 33,303,896.97

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Item 13.

Managed Account Detail of Securities Held For the Month Ending July 31, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) $35,778,041.49 $34,718,802.83 2.41% $149,319.57 $34,900,189.24 $33,303,896.97 $33,453,216.54
$149,319.57
Total Investments
Accrued Interest
Securities Sub-Total

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Item 13.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: Ruben Ramirez, Controller
SUBJECT: Investment Report – July 31, 2023
STAFF RECOMMENDATION:

Staff recommends that the City Council receive and file the investment report for July of 2023.

EXECUTIVE SUMMARY:

On June 28, 2023, 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 13.

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 July 31, 2023. 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.

Page 37 ends

Item 13.

STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Manager
SUBJECT: Authorization to file a Notice of Completion for Meter Exchange Project 2023 STAFF RECOMMENDATION:

Accept the Meter Exchange Project 2023 as complete and direct the City Clerk to file a Notice of Completion attached hereto with the County of Riverside.

BACKGROUND:

On July 26, 2023, the City of Coachella acted to Reject IRC Backflow’s bid as “Non-Responsive”, and authorize the City Manager to execute a contract with The Van Dyke Corporation, in the amount of $80,400.00 plus 10% contingency for the replacement of 600 domestic consumption meters.

The existing metering system for CWA is read through an Automated Meter Reading (AMR) and Advanced Metering Infrastructure (AMI) system. City Staff exchanged 595 existing defective water meters that were unable to be read by the AMR meter reading system. These meters were replaced with new “Hi-Tech” meters that are compatible with the City’s AMI system, thereby streamlining the water meter reading and billing process for the residents and the City.

DISCUSSION/ANALYSIS:

City Staff has inspected the Project and found the improvements to be in accordance with the plans, specifications, and applicable standards. Staff recommends the acceptance of this project and that the City Council authorizes the filing of a Notice of Completion.

FISCAL IMPACT:

Project funding allocation of $88,440.00 was not included in FY 2023-24. A funding appropriation is requested from the reserve balance in the Water Utility Fund to be placed under budget line item account 178-21-120-10-334-000. The project was awarded with an original contract amount of $80,400.00 plus 10% for contingency. The project was completed with Contract Quantity Adjustment Change Order #1 for a credit in the amount ($760.00). The project was constructed within budget including all quantities totaling $79,730.00.

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Item 14.

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

When Recorded, return to:

Delia Granados, Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as Meter Exchange Project 2023 has been completed and was accepted by the undersigned awarding authority on the date hereof. The exchanged meters are located within City right-of-way on various properties located within the City of Coachella.

The contractor on such work was The Van Dyke Corporation and the surety on his bond is Western Surety Company located at 151 N. Franklin St, 17th Floor, Chicago, IL 60606 The real property upon which said work was performed is in the City of Coachella, County of Riverside, and State of California.

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

Date: November 8, 2023 City of Coachella
(Date of Acceptance) (Name of Political Subdivision)
Owner Address:
53990 Enterprise Way
Coachella, CA 92236
By:________________________________
Steven A. Hernandez
Title: _________Mayor_________
State of California) City of Coachella
) ss
County of Riverside)
I hereby certify that I am the Deputy City Clerk of the governing board of the City of Coachella, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct.

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

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Item 14.

STAFF RECOMMENDATION:

Authorize execution of Amendment No. 1 between the City of Coachella and Conserve Landcare LLC for Project 042623, in the amount of $450,000.

EXECUTIVE SUMMARY:

The City awarded a Request for Proposals (RFP) for Landscape Maintenance Services for Landscape Lighting and Maintenance Districts 1-40 Project No. 042623, on June 28, 2023, to Conserve Landscape LLC. The awarded agreement was for a two-year term (July 1, 2023 – June 30, 2025), in the amount of $1,821,075 (two-year term).

Due to the significant erosion and damages sustained by various LLMDs by the summer storms, staff is recommending increasing the awarded compensation by $450,000 to allow for the required repair work. Staff recommends award of the attached Amendment No. 1 to Conserve Landcare LLC that will increase compensation by $450,000.

FISCAL IMPACT:

The recommended action will provide improvements to those LLMD areas with available Fund Balances as published in the adopted FY 2023/2024 Engineer’s Report, which includes the following Districts: 15, 16, 17, 18, 20, 22, 25, 29, 30, 31, 32, 35 36 and 38. The recommended action will not negatively impact these LLMDs.

Attachment:

Amendment No. 1

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Item 15.
1 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
Amendment No. 1 to the Maintenance Services Agreement
Between the City of Coachella
and
Conserve Landcare LLC Project No. 042623

1. Parties And Date.

This Amendment No. 1 to the Maintenance Services Agreement ("Amendment No.1 ") is made and entered into this 8
th day of November, 2023 by and between the City of
Coachella ("City") and Conserve Landcare LLC, ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment No.1.

2. Recitals.

2.1 Agreement. City and Contractor entered into that certain Agreement for Landscape Maintenance Service for the Landscape Maintenance Services for Landscape Lighting and Maintenance Districts 1-40 Project 042623 ("Agreement"), entered into on June 28, 2023.

2.2 Amendment. City and Contractor desire to amend the Agreement for the first time to amend the term of the Agreement as set forth in this Amendment No. 1.

3. Amendments.

3.1. Compensation. Section 3.3.1, of the Agreement are hereby deleted in their entirety and replaced with the following:

3.3.1 Compensation. Contractor 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 Two Million Two Hundred Seventy One Thousand Seventy-Five Dollars and Zero Cents ($2,271,075.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.1.

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Item 15.
2 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007

3.4 Counterparts. This Amendment No.1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Amendment.No.1 as of the date first written above.

THE CITY OF COACHELLA CONSERVE LANDSCAPE LLC
By: _________________________ By:__________________________ Dr. Gabriel D. Martin
City Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Carlos Campos, City Attorney

Page 42 ends

Item 15.

STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize execution of Amendment No. 1 between the City of Coachella and Yunex LLC for Project No. 093021, increasing compensation in the amount of $60,000 and allocating $60,000 from undesignated general funds to the street division professional services account.

STAFF RECOMMENDATION:

Authorize execution of Amendment No. 1 between the City of Coachella and Yunex LLC for Project No. 093021, increasing compensation in the amount of $60,000 and allocating $60,000 from undesignated general funds to the street division professional services account.

EXECUTIVE SUMMARY:

On December 8, 2021, the City awarded a Request for Proposals (RFP) for the Traffic Signal Maintenance Project No. 093021 to Yunex LLC. The awarded contract was for a three-year term and total compensation of $180,000. Due to the summer storms, one traffic signal and one trafficcalming device require replacement: the traffic signal is located at Dillon/Cabazon and the pedestrian crossing flashing beacon system is located at Avenue 50/Mecca Street. Both of these repairs will total $60,000 to complete. Staff recommends award of the attached Amendment No. 1 to Yunex LLC that will increase compensation by $60,000 for the identified repairs.

FISCAL IMPACT:

The recommended action will require an allocation of $60,000 from unallocated general funds to the street division traffic signal professional services account.

Attachment:

Amendment No. 1

Page 43 ends

Item 16.
1 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
Amendment No. 1 to the Maintenance Services Agreement
Between the City of Coachella
and
Yunex LLC

1. Parties And Date.

This Amendment No. 1 to the Maintenance Services Agreement ("Amendment No.1 ") is made and entered into this 8
th day of November, 2023 by and between the City of
Coachella ("City") and Yunex LLC, ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment No.1.

2. Recitals.

2.1 Agreement. City and Contractor entered into that certain Agreement for Traffic Signal Maintenance Services Agreement ("Agreement"), entered into on December 8, 2022.

2.2 Amendment. City and Contractor desire to amend the Agreement for the first time to amend the term of the Agreement as set forth in this Amendment No. 1.

3. Amendments.

3.1. Compensation. Section 3.3.1, of the Agreement are hereby deleted in their entirety and replaced with the following:

3.3.1 Compensation. Contractor 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 Two Hundred Fifty Five Thousand Dollars and Zero Cents ($255,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.4 Counterparts. This Amendment No.1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

Page 44 ends

Item 16.
2 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
IN WITNESS WHEREOF, the parties have executed this Amendment.No.1 as of the date first written above.

THE CITY OF COACHELLA YUNEX LLC
By: _________________________ By:__________________________ Gabriel D. Martin, PhD
City Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Carlos Campos, City Attorney

Page 45 ends

Item 16.

STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award professional services agreement to The Christmas Kings for the Holiday Lighting and Decorations Project No. 072023 for $50,000.

STAFF RECOMMENDATION:

Award professional services agreement to The Christmas Kings for the Holiday Lighting and Decorations Project No. 072023 for $50,000.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for Holiday Lighting and Decorations Project No. 072023. The City received two responses for this RFP: from Hi-Tech Lights and The Christmas Kings. The project scope of work includes design and installation of holiday décor that is synchronized to music along Sixth Street in front of City Hall and the Coachella Library.

Staff received one bid protest from HiTech Lights (attached). The protest states overall that the scope of work as published was too vague and written to favor The Christmas Kings. The City Attorney’s staff reviewed the bid protest and found it was without merit; the City’s response to the bid protest is also attached.

Staff is recommending award to The Christmas Kings. The proposed agreement, will have a term beginning November 1, 2023 – January 8, 2024 and compensation in the amount of $50,000.

FISCAL IMPACT:

The proposed work was approved in the current budget and the recommended action will not have a fiscal impact.

Attachments:

Bid Protest from Hi-Tech Lights
City’s Bid Protest Response
Proposed Agreement

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Item 17.

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT
PROJECT NO. 072023

1. PARTIES AND DATE.

This Agreement is made and entered into this 8th day of November, 2023, by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236 (“City”) and The Christmas Kings, a corporation with its principal place of business at 31500 Grape St, Suite 3233, Lake Elsinore, CA 92532. (“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 methods of studying policing 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 Holiday Lighting and Decorations (“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 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 November 1, 2023 to January 8, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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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 “A” 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 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: Mathew Kronquist.

3.2.5 City’s Representative. The City hereby designates City Manager 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 Mathew Kronquist, 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

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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 subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 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

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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.

3.2.10.3 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

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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.

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

3.2.10.5 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.

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

3.2.10.7 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

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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 ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00). 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.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthlyitemized 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. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is 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.

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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.

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
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez
Consultant
The Christmas Kings
31500 Grape St, Suite 3233
Lake Elsinore, CA 92532
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.

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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 & 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. Consultant shall not, without the prior written consent of City, use such materials 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

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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.

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 workdays. 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.

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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.

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 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 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.

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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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Item 17.

CITY OF COACHELLA
By:

Dr. Gabriel D. Martin
City Manager

THE CHRISTMAS KINGS
By:

Mathew Kronquist, Owner Operator
Attest:

By:

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

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Item 17.

Exhibit A
The City of Coachella desires to highlight its Downtown public spaces to create a festive and attractive atmosphere for residents, visitors, and businesses. The successful responder must demonstrate the ability to utilize creativity and cohesiveness with the established aesthetic of the Downtown. Total project budget cannot exceed $50,000.

The scope of work includes the design, installation, maintenance/service and removal. The lighting and decorations will be installed in two locations in Coachella: 1515 Sixth Street (City Hall) and 1500 Sixth Street (Coachella Library). With the focus along the Sixth Street corridor.

Electricity is available at each site and the power costs will be paid by the City. Lighting and decorations shall be securely fastened to reduce the likelihood of damages and outage due to wind.

All extension cord connections should be wrapped/anchored to protect moisture and prevent tripping hazards. Trees are to be fully wrapped including trunk and branches. The City is requesting proposals include a holiday music and lighting synchronization programming. Holiday lighting and decorations must be completely installed as of November 28, 2023 and removal of the installed items must be done between January 8-10, 2024. • City Hall Location – decorated areas include the Sixth Street facing building and turf area between Orchard Street and Vine Street. City staff will be wrapping all palm trees and installing warm C9 bulbs along the roofline.
• Coachella Library Location – decorated areas include the Sixth Street facing building and parkway/courtyard area along Sixth Street. City staff will be wrapping all palm trees and installing warm C9 bulbs along the roofline.

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Item 17.

STAFF REPORT
11/8/2023
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 23-24 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.

ATTACHMENTS:

CBG Application Packet

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Item 18.

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:
07/06/2023
23 24
1000.00
American Outreach Foundation
PO Box 2702
Rancho 92270
(760) 674-4861
Oscar Llort
President
(760) 832-1871
American Outreach Foundation "Need A Powerchair Program"

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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: Oscar Llort Date: 10-19-2023
✔
✔
✔
We are a 501(c)3 Non-Profit serving the Coachella Valley since 2007. 2018/2023, $4,000 received for Need A Powerchair Program To meet an immediate and ongoing need, we will use the funds you provide to cover the associated costs of providing power wheelchairs & scooters to Veterans and low-income seniors in the City of Coachella.

We will use the funds requested to offset the related costs of service for recipients from the City of Coachella. These costs include but are not limited to collecting, refurbishing, and repairing electric wheelchairs; delivering and maintaining power wheelchairs.

Yes, additional funding needs are ongoing. Through our program, we deliver all year-round chairs throughout the Coachella Valley, including recipients in the City of Coachella.

Similarly, we also provide ongoing numbers of maintenance calls to fix and/or refurbish & repair defective wheelchairs.

With over 16 years of serving the cities of the Coachella Valley, our goal is to continue serving Veterans, low-income seniors and the under-insured with mobility issues. AOF applies to grants on a recurring basis from various organizations. We continue to brand AOF Funds received will be used to help residents/recipients in the City of Coachella. Our efforts are concentrated throughout the Coachella Valley, with an emphasis on Veterans, low-income seniors, or under-insured individuals who have mobility issues in disadvantaged We serve clients from different groups or categories because we believe that mobility is a human right that should not be limited by age, race, gender, financial situation, or immigration status. Our mission is to enhance the well-being of Veterans, low-income Oscar Llort President

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Item 18.

18. Attach a proposed budget for requested funds.

A grant of $1,000 will help bring assistance to recipients specifically from the City of Coachella and bring relief not just to the recipients, but also to their caregivers and families.

The funds you provide will be used in part to cover the cost of pickup/delivery of powerchairs, refurbishing materials, repair parts, batteries, and other miscellaneous program costs.

Description Program Costs
Cost of Batteries $1100
Pick up & delivery costs $650
Estimated refurbishing costs $350
Incurred administrative costs $250
Total Program Budget $2350.00

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Item 18.

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Item 18.

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Item 18.

STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize execution of Amendment No. 3 between the City of Coachella and CV Pipeline for storm drain system maintenance services, for $150,000; increase appropriation of $50,000 for street division storm drain professional services account.

STAFF RECOMMENDATION:

Authorize execution of Amendment No. 3 between the City of Coachella and CV Pipeline for storm drain system maintenance services, for $150,000; increase appropriation of $50,000 for street division storm drain professional services account.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (RFP) for Storm Drain Maintenance Services. City Council awarded this maintenance agreement to CV Pipeline in the amount of $424,431l; this maintenance agreement is for services needed along city maintained roadways and within city LLMDs. The term of this agreement is August 1, 2020 to June 30, 2024.

Staff is recommending award of the attached Amendment No. 3 to CV Pipeline increasing compensation to allow for additional storm maintenance needed to remediate the impacts of the summer storms, in the amount of $150,000.

FISCAL IMPACT:

The additional services were not budgeted as the impacts of these storms are not standard and additional storm maintenance services are needed to maintain storm systems; allocation is required of $50,000 from general fund unallocated funds to the streets division storm drain professional services account to allow for non-LLMD storm systems.

Attachment:

Amendment No. 3

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Item 19.
1 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
Amendment No. 3 to the Maintenance Services Agreement
Between the City of Coachella
and
CV Pipeline

1. Parties And Date.

This Amendment No. 3 to the Maintenance Services Agreement ("Amendment No.3 ") is made and entered into this 8
th day of November, 2023 by and between the City of
Coachella ("City") and CV Pipeline, ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment No.3.

2. Recitals.

2.1 Agreement. City and Contractor entered into that certain Agreement for Landscape Maintenance Service for Storm Drain System Maintenance ("Agreement"), entered into on July 22, 2020.

2.2 Amendment. City and Contractor h a ve a me n d e d t h i s A gr e e me n t f o r t h e f i r st t i me o n S e p t emb e r 9 , 2 0 2 0 a n d fo r t h e s e c o n d ti me o n J u n e 2 8 , 2 0 2 3 . T h e C it y a n d C o n t r a ct o r desire to amend the Agreement for the third time to amend the compensation as set forth in this Amendment No. 3.

3. Amendments.

3.1. Compensation. Section 3.3.1 Compensation, of the Agreement is hereby deleted in its entirety and replaced with the following:

3.3.1 Compensation. Contractor 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 Seven Hundred Ninety-Nine Thousand Four Hundred Thirty-One Dollars and No Cents ($799,431.00). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.3, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.3, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.3.

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Item 19.
2 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007

3.4 Counterparts. This Amendment No.3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Amendment.No.3 as of the date first written above.

THE CITY OF COACHELLA CV PIPELINE
By: _________________________ By:__________________________ Gabriel D. Martin, PhD
City Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Carlos Campos, City Attorney

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Item 19.

STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize execution of Amendment No. 1 between the City and BRC Construction for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122, increasing compensation by $150,000.

STAFF RECOMMENDATION:

Authorize execution of Amendment No. 1 between the City and BRC Construction for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122, increasing compensation by $150,000.

EXECUTIVE SUMMARY:

On October 12, 2022, the City awarded a Request for Proposals (RFP) for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122, to BRC Construction. This awarded contract allows for support of several unanticipated repair jobs, including erosion repairs, which are needed in various districts. Most notably these repairs are needed in the following districts: 16, 30, 31, 32, and 38. Staff is recommending award of Amendment No. 1 (increasing compensation by $150,000) to this maintenance agreement to allow for support of some of the needed repairs in the above noted districts.

FISCAL IMPACT:

The recommended action will provide improvements to those LLMD areas with available Fund Balances as published in the adopted FY 2023/2024 Engineer’s Report, which includes the following Districts (as noted above): 16, 30, 31, 32 and 38. The recommended action will not negatively affect these LLMDs.

Attachment:

Proposed Agreement

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Item 20.
1 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007
Amendment No. 1 to the Agreement
Between the City of Coachella
and
BRC Construction Project No. 081122

2. Parties And Date.

This Amendment No. 1 to the Maintenance Services Agreement ("Amendment No.1 ") is made and entered into this 8
th day of November, 2023 by and between the City of
Coachella ("City") and BRC Construction, ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment No.1.

2. Recitals.

2.2 Agreement. City and Contractor entered into that certain Agreement for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts ("Agreement"), entered into on October 12, 2022.

2.2 Amendment. City and Contractor desire to amend the Agreement for the first time to amend the term of the Agreement as set forth in this Amendment No. 1.

3. Amendments.

3.1. Compensation. Section 3.3.1, of the Agreement are hereby deleted in their entirety and replaced with the following:

3.3.1 Compensation. Contractor 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 Six-hundred thousand dollars and zero cents ($600,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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Item 20.
2 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007

3.4 Counterparts. This Amendment No.1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Amendment.No. 1 as of the date first written above.

THE CITY OF COACHELLA BRC CONSTRUCTION
By: _____________________________
_____________________________ By:__________________________ Dr. Gabriel D. Martin
City Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Carlos Campos, City Attorney

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Item 20.

STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Amendment #3 to the Professional Services Agreement with Angenious Engineering Services, Inc. in the amount of $99,027.50 to provide Professional Engineering Services for the Avenue 50 Bridge over the Whitewater Channel Project, City Project ST-69.

STAFF RECOMMENDATION:

Authorize City Manager to Execute Amendment #3 to the Professional Services Agreement with Angenious Engineering Services, Inc. in the amount of $99,027.50 to provide Professional Engineering Services for the Avenue 50 Bridge over the Whitewater Channel Project, City Project ST-69
EXECUTIVE SUMMARY:

The Avenue 50 Bridge projects at State Route 86 and the Coachella Valley Storm Water Channel (also known as the Whitewater river) are separated into 2 phases. Phase 1 of the overall project is the Avenue 50 Bridge over Coachella Valley Storm Water Channel (CVSC) Project (Project # 2015-ST-69) and Phase 2 is the Avenue 50 interchange and the SR-86/Avenue 50 New Interchange, Project # 2015-ST-81. Both phases of project in tandem hereto identified as the “Project”. The current funding request is for completion of Professional Services and Engineering for Phase 1 only.

The City has secured federal funding for construction for Phase 1 only at this time and is ready to proceed to final design in preparation of Plans, Specifications and Estimates (PS&E) and acquiring right of way (ROW) for Phase 1 now. Phase 2 is to start shortly after the City successfully secures federal funding for phase 2 work.

The City has executed a Professional Services Agreement (PSA) with AES. The existing PSA included 6 tasks, including preliminary engineering services, environmental, and final design and preparation of plans specifications and Construction Engineering support services. AES has successfully completed 4 of the 6 tasks for the preliminary engineering and environmental phases of the project. This current Contract Amendment is for the completion of optional tasks 5 and 6 as outlined in the Scope of work in the attached PSA.

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Item 21.

BACKGROUND:

AES has successfully obtained Advance Authorization to proceed with the PS&E phase of the project. Based on these agreements, the Federal Highway Bridge Program will fund a total of

88.53% of the complete project including all phases when the project is complete. The City and CVAG will split the remaining 11.47 % of the local match obligation with a 75% / 25% cost share agreement. At this time, The City and CVAG will fund all PS&E costs through the Advance Authorization agreement with Caltrans, and the City and CVAG will be credited those funds during the construction portion of the project.

Design is currently underway and almost complete. Additional design services are necessary to correctly size stormwater outfall and drainage. Amendment No. 3 will include additional mitigation bank research and coordination and offsite hydrology/hydraulics study to provide a complete and up-to-date drainage plan. Additional potholing will also be added to provide more accurate utility locating that will prevent unknowns during construction. Overall, Amendment No. 3 will provide additional information needed to complete the design.

FISCAL IMPACT:

No fiscal impact or additional appropriations needed. Amendment No. 3 will be covered by HBP funds ($87,669.05), CVAG ($8,518.84) and City Fund ($2,839.61) included in the FY 23/24 CIP budget.

ATTACHMENTS:

1. Amendment No. 3

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Item 21.

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF COACHELLA
AND ANGENIOUS ENGINEERING SERVICES, INC.

THIS THIRD AMENDMENT ("Amendment") is made and entered into as of November 8th, 2023 by and between the City of Coachella ("City") and Angenious Engineering Services, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. RECITALS. This Amendment is made with the respect to the following facts and purposes:
a. On or about November 27th, 2019 the City and Consultant entered into that certain agreement entitled "City of Coachella Professional Services Agreement" between the City and Consultant to provide engineering design, and other services for the Avenue 50 Bridge over the Whitewater Strom Channel, ST-69 & the SR-86/Avenue 50 New Interchange, ST-81 projects in the amount of $148,000.
b. On or about October 14th, 2020 the City and Consultant entered into the “First Amendment” to the agreement between the City and Consultant in the amount of $15,000.00.
c. On or about June 21st, 2021 the City and Consultant entered into the “Second Amendment” to the agreement between the City and Consultant in the amount of $3,260,088.40.
c. The parties now desire to amend the Agreement as set forth in this Amendment.

2. AMENDMENT.

3.1 General Scope of Services. Section 3.1.1 of the Agreement is hereby amended to include the additional Scope of Services to be performed for the Avenue 50 Bridge over the Whitewater Storm Channel, ST-69 under this Amendment No. 3 referenced as EXHBIIT “A”.

3.2 Performance Period. Section 3.1.2 of the Agreement is hereby amended to go into effect on November 8, 2023 contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s Agreement Administrator. The Agreement shall end on June 30, 2025, unless extended by Agreement Amendment.

3.3 Allowable Costs and Payments. Section 3.3.1 of the Agreement is hereby amended to increase the compensation, including authorized reimbursements, for all services rendered under this Agreement as set forth in EXHIBIT “B” attached hereto and

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Item 21.
incorporated herein by reference.

The method of payment in Sections 3.3.1.A and B of the Agreement are hereby amended to actual cost plus a ten percent (10%) fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs; plus ten percent fixed fee) incurred by Consultant in performance of the work. The total authorized compensation for the Amendment No. 2 is in the amount not to exceed Ninety-Nine Thousand Twenty-Seven Dollars and Fifty Cents ($99,027.50).

The amended total compensation shall not exceed Three Million Five Hundred Twentytwo Thousand Thirty-Five Dollars and Ninety Cents ($3,522,035.90) without written approval of the City’s representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this agreement.

3.4 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, itshall mean the Agreement as amended by this Amendment.

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

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

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Item 21.

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

CITY OF COACHELLA ANGENIOUS ENGINEERING SERVICES, INC.

By:____________________________ By:_________________________ Gabriel Martin Andy Cheah
City Manager Principal/ Project Manager
By: ________________________________
Carlos Campos, City Attorney
Attest: ___________________________________
Angela Zepeda, City Clerk

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Item 21.
26000 Towne Centre Drive, Suite 100
Foothill Ranch, CA 92610
Tel: 949-599-5400
www.Angenious-es.com
Expert Services | Transportation Engineering
October 21, 2023
Mr. Andrew Simmons
City Engineer
City of Coachella
53-990 Enterprise Way,
Coachella, CA 92236
RE: Avenue 50 Bridge Over Coachella Valley Storm Water Channel, ST-69 Change Order Request – Extra Work
Dear Mr. Simmons:

As discussed, we are respectfully submitting this change order request for subconsultants to perform extra work for the above referenced project. These tasks are listed as follows:
 Micheal Baker International
o Task 4A – Mitigation Bank Research and Coordination
o Task 5.23 – Offsite Hydrology/Hydraulics Study
o Task 7.06A 100% Drainage Plans
 Add pothole subcontractor – C-Below
Our subconsultants’ cost proposal letters are attached, and their costs are summarized in the table below:

Descriptions Amounts
Micheal Baker International’s Request Amount $79,720.00 C-Below’s Request Amount $10,305.00
Subtotal $90,025.00
10% Administration Fee $9,002.50
Total Change order Request Amount $99,027.50
We always strive to improve quality, utilization, and productivity in our sustainable engineering services.

Should you have any questions, please feel free to contact me at (949) 599-5400 or via email at [email protected].

Sincerely,
Andy Cheah, PE
Principal/ Project Manager
Attachments
C. File

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Item 21.
5 Hutton Centre Drive | Santa Ana, CA 92707
MBAKERINTL.COM Office: 949-472-3505 | mbakerintl.com
October 20, 2023
JN 191091
AnGenious Engineering Services, Inc.
26000 Towne Centre Dr.

Suite 100
Foothill Ranch, CA 92610
Subject: Avenue 50 over Coachella Valley Stormwater Channel Addendum Request #2 Dear Mr. Cheah,
This addendum request is based on project changes requested by the City of Coachella and recent sunset of the Coachella Valley Conservation Commission In-Lieu Fee mitigation program.

The details of each element are described below.

Task 4A – Mitigation Bank Research and Coordination
With the recent expiration of the CVCC In-Lieu Fee program, the project no longer has a readily available mitigation program to offset the temporary and permanent impacts to both the Waters of the US and Waters of the State. Michael Baker has been requested to perform research and coordination exceeding the level of effort that was foreseen when the project was initiated. Because the closure of the mitigation program was not a foreseeable condition, we request additional funding to perform the coordination and research to explore the alternative mitigation solutions and ultimately coordinate the procurement of compensatory mitigation for the project.

Task 5.23 – Offsite Hydrology/Hydraulics Study
The City has requested that the project incorporate the Stormwater Master Plan Outfall “Line B” within the limits of the project improvements. Because the Stormwater Master Plan (SMP) used a rain-on-grid hydrology methodology, the flow rates are not sufficiently accurate for final design.

Michael Baker International will perform offsite hydrology for the developed areas tributary to the Line B outfall that are not identified on the SMP Figure 2-1 as “Self-Contained Developments”. Hydrology will be performed for the 100-year return frequency event, using the Riverside County Hydrology Manual method and NOAA Atlas 14 rainfall data. The results of this study will be incorporated into the Roadway Drainage Report. The purpose of this study is to validate the proposed pipe size for Line B within the project limits and to provide the supporting calculations for sizing the outfall structure in the Coachella Valley Stormwater Channel (CVSC). Additionally, the study will evaluate the vertical profile requirements and pipe

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Item 21.
sizes necessary to convey the flow beneath SR-111, The railroad tracks, and Harrison Street along Avenue 50.

Task 7.06A 100% Drainage Plans
Michael Baker will update the 95% drainage plans to include the SMP Line B within the project limits and to realign the on-site storm drains to connect to SMP Line B instead of having multiple smaller outfalls on the west bank of the CVSC. Additionally, the new channel outfall to the CVSC will require unforeseen structural design and detailing. The outfall structural design and detailing is triggered by two factors. First, Coachella Valley Water District (CVWD) has expressly rejected the use of the standard plan outfall that was envisioned when the project was initiated. The erosion that occurs at the low-flow notch in the standard plan energy dissipator has been deemed unacceptable by CVWD. As a result, we have collaboratively developed a channel outfall structure that meets the CVWD criteria and will be incorporating it into this project. Second, the inclusion of the SMP Line B into the project causes the need for a much larger structure that is commensurate with the much larger watershed now included with the project.

The requested fee is summarized below:

Task 4A – Mitigation Bank Research and Coordination $ 9,250 Task 5.23 – Offsite Hydrology/Hydraulics Study $32,570
Task 7.06A 100% Drainage Plans $37,900
Total: $79,720
Respectfully Submitted,
Bradley M. Losey
Associate Vice President

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Item 21.

C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | Q-17189 }
Estimate
Job
No.
23-7400
Quote Q-17189
Date: 06-29-2023
Expires on: 07-29-2023
Payment
Terms:

Non-Prevailing Wage | Net 30
C Below | Subsurface Imaging
Call Before you cut, core, drill or dig.
14280 Euclid Ave Chino, CA 91710
Phone: (888) 902-3569 Fax: (909)606-6555
www.cbelow.com
Bill To Opportunity Name
Angenious Engineering Services, INC
26000 Towne Centre Drive,
Suite 100
Foothill Ranch, CA 92610
Ave 50 Pothole Investigation
Primary
Primary Contact Jobsite Address
Andy Cheah
9495995400
[email protected]
,
Sales Rep Ext. Email Cell
Victoria Franco 210 [email protected]
C Below, Inc. submits this proposal for the Ave 50 Pothole Investigation project. Our proposal is based on the enclosed estimated hourly breakdown and the C Below Schedule of Fees. In order to successfully complete the outlined scope of services in this proposal our field technicians will need uninterrupted clear access to the work area and the appropriate project documentation. We appreciate the opportunity to provide you with our services and look forward to helping assure a safe and successful project.

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Item 21.

C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | Q-17189 \initial1{“size”:”medium”}\ 14280 Euclid Avenue
Chino, CA 91710
Utility Locating Scope of Work
C Below will provide a comprehensive Utility Investigation of the outlined area shown on Exhibit A (last page of proposal).

C Below will verify pothole locations.

The purpose of this investigation is to find all utilities outlined below to quality level (QL) B per ASCE 38-02. (see attached documentation on available quality levels).

C Below will exhaust any and all utility locating methods, plus “tribal knowledge”, to positively identify the horizontal and vertical locations of the utility lines.

This includes utilizing the equipment listed below:
• Electromagnetic Locator (Locator)
• Locatable CCTV Push Camera. No video will be provided unless specifically included in your quote. (Push Cam) • Ground Penetrating Radar (GPR).
• Locatable Duct Rodder (Ram Rod).
• Crawler Camera and lateral Launch Equipment if specifically included in your quote. (Crawler) Deliverables- Utility locations along with depth estimates will be marked directly on the surface (Please reference your Markings Card for explanations of these.

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Item 21.

C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | Q-17189 \initial1{“size”:”medium”}\ 14280 Euclid Avenue
Chino, CA 91710
Potholing Scope of Work
C Below will perform hourly potholes as indicated in the client provided potholing exhibit. A standard pothole is 12 in x 12 in, performed to the top of pipe or encasement with sand backfill and a permanent surface patch.

Additional costs: Potholes outside of our standard will be billed based on actual depth or conditions. Limitations on work hours may cause additional mobilization or traffic control charges. Permitting fees will be adjusted to actual costs.

If C Below is not hired to mark the locations of the potholes, they will be performed off of the utility provider’s marks under the client’s direction. Utility providers typically do not mark out sewer or storm drain lines. Dry holes are considered billable.

Locating is a separated line item that will be represented on your estimate.

Client will be provided a detailed potholing report at the conclusion of the investigation.

SERVICE INCLUDES
Dig Alert Coordination & Delineation
Encroachment Permit at cost plus 15% for processing fee Vacuum Excavation to top of utility, encasement or stop depth Standard Traffic Control
Permanent Cold Patch
Sand Backfill
Removal of Debris
Pothole Report

SERVICE DOES NOT INCLUDE
Hot Patching
Slurry Backfill
Engineered Traffic Control Plans
Extensive Traffic Control
Flagging for Traffic Control
Removal of Dig Alert Marks
Survey of Pothole Locations pre or post pothole
Please request a quote if any of the above services are needed

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Item 21.

C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | Q-17189 \initial1{“size”:”medium”}\ Estimate
Job
No.
23-7400
Quote Q-17189
Date: 06-29-2023
Expires on: 07-29-2023
Payment
Terms:

Non-Prevailing Wage | Net 30
Product Line Items
Product Quantity Sales Price Total Price
Admin 2 $100.00 $200.00
Locating | Locating Technician 4 $195.00 $780.00
Locating | Supervising Technician 4 $205.00 $820.00
Mobilization | Crew 2 $255.00 $510.00
Project Coordinator 4 $105.00 $420.00
Added Service | Vacuum Excavation Spoil Removal and
Dumping
1 $650.00 $650.00
Mobilization | Potholing Crew 2 $400.00 $800.00
Permitting | No Fee 1 $0.00 $0.00
Pothole Report 1 $400.00 $400.00
Potholing | Hourly 8 $625.00 $5,000.00
Traffic Control | 25-55 MPH | Half Day 1 $725.00 $725.00 Total USD $10,305.00
Product Descriptions
Product Item Description
Admin Project Administration.

Locating | Locating Technician Craft: Horizontal Directional Drilling.

Group IV (Electronic tracing locator, Subsurface Imaging) Signatory Union: Local 1184
Locating | Supervising Technician Craft: Horizontal Directional Drilling.

Group IV (Electronic tracing locator, Subsurface Imaging) Signatory Union: Local 1184
Mobilization | Crew Mobilization | Crew
Project Coordinator Project Coordinator
Added Service | Vacuum Excavation
Spoil Removal and Dumping
Vacuum Excavation Spoil Removal and Dumping
Mobilization | Potholing Crew Mobilization | Potholing Crew

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Item 21.

C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | Q-17189 \initial1{“size”:”medium”}\ Estimate
Job
No.
23-7400
Quote Q-17189
Date: 06-29-2023
Expires on: 07-29-2023
Payment
Terms:

Non-Prevailing Wage | Net 30
Permitting | No Fee Permitting Fee. Subject to Change based on actual agency prices.

Pothole Report Pothole Report | Distinctive documented characteristics of utility.

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Item 21.
1 STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Ordinance No. 1208 (Sevilla II) approving Change of Zone No. 22-05, to change the existing zone from General Neighborhood (G-N) to General Neighborhood-Planned Unit Development (GN-PUD) for a proposal to subdivide 39 acres into 204 single family lots with a minimum lot size of 5,000 square feet with three single family residential production model homes with 3 elevation options located west of Van Buren Street, south of Avenue 50 and north of Avenue 51, APN #’s 779-280-002 and 779-320-001; Applicant: The Pulte Group (Second Reading)

STAFF RECOMMENDATION
Staff recommends that the City Council adopt Ordinance No. 1208 approving Change of Zone No. 22-05 to change the existing zone from General Neighborhood (G-N) to General NeighborhoodPlanned Unit Development (GN-PUD) associated with Mitigated Negative Declaration for EA 22-06 and approved TTM 38557, CUP 372, Street Names and AR 23-13 for a 204-lot planned unit development subdivision for the Pulte Group located on a 39-acre site, west of Van Buren Street, south of Avenue 50 and north of Avenue 51.

BACKGROUND:

The City Council on October 30, 2023 approved the following entitlements for the Sevilla II single-family residential development:
 TTM No. 38557 proposal to subdivide 39 acres into 204 single family lots with a minimum lot size of 5000 square feet;
 Change of Zone No. 22-05 (first reading) proposal to change the existing zone from General Neighborhood (G-N) to General Neighborhood-Planned Unit Development (GN-PUD),  CUP No. 372 proposal to utilize the provisions of Section 17.38 (Planned Unit Developments) of the Coachella Municipal Code;

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Item 22.
2  AR No. 23-13 is for architectural review for 3 single family residential homes, each with 3 elevations;
 EA No. 22-06 was prepared to address the direct, indirect, and cumulative environmental effects of the proposed project on a 39-acre site located west of Van Buren Street, south of Avenue 50 and north of Avenue 51, APN #’s 779-280-002 and 779-320-001.

DISCUSSION/ANALYSIS:

Site plan
The exhibit below illustrates the proposed site plan layout for the Sevilla 2 project. The site plan includes 3 distinct floor plans, each with 3 elevations. A copy of the site plan is included below:

Figure 1: Sevilla II Site Plan
Architectural Design (See Exhibit E for a full set of architectural renderings) The Sevilla 2 project includes three distinct elevations including one, one story home and two, two story homes. The architectural plans include a Transitional Spanish, Desert Contemporary and Prairie design option including:

Plan 1 - One-Story (3-Bedroom, 2-Bath) residence with 1,959 sq. ft. of floor area Plan 2 - Two-story (4-Bedroom, 2 ½-Bath) residence with 2,404 sq. ft. of floor area Plan 3 - Two-story (5-Bedroom, 3-Bath) residence with 2,824 sq. ft. of floor area.

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Item 22.
3 Each of the plans include 3 different elevations for a total of 9 different elevations which is consistent with the Residential Design Standards for single family homes.

Figure 2: Proposed Architectural Models
Figure 3: 2 Project Entryways, Perimeter Landscape and Street Medians Figure 4: Van Buren Street Cross Section

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Item 22.
4 Figure 5: Proposed Neighborhood Park Improvements

CONSISTENCY WITH GENERAL PLAN
The project site is within the General Neighborhood land use designation. General Neighborhoods are intended to provide a diversity of housing that meets the needs of the city’s many household sizes, incomes, and lifestyle preferences. General Neighborhoods include a range of single family and multi family housing options within a green, walkable neighborhood that offers parks and playgrounds for their residents and access to schools and basic shopping needs within a comfortable walk, bike ride or short drive.

Allowed land uses include residential land uses at a development intensity of 7-25 DU/AC. The general plan also includes standards for network and connectivity, street design, parks and open space and urban form guidelines.

The Sevilla II project proposes 204 single family homes on a 39-acre site that equates to a net density of 7.7 DUA. The project meets the general plan density requirements and meets the design standards for network connectivity, street design, parks and open space and urban form guidelines.

CONSISTENCY WITH ZONING

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Item 22.
5 The project site is currently zoned General Neighborhood (G-N) which implements the General Neighborhood land use designation of the General Plan. The G-N zone permits detached single family detached subdivisions with a minimum density of 7 dwelling units per acre on lots with a on minimum lot size of 4,000 square feet with a minimum interior lot width of 40 feet and minimum lot depth of 75 feet. The minimum width of corner lots is 45 feet. The minimum front yard requirement is 15 feet and the minimum side yard requirement for interior and corner lots is 10% of the lot width, but not less than 5 feet. A rear yard setback of 20 feet is required in the G-N zone.

The Sevilla II Project meets all the requirements of the G-N zone, except that the single story, Plan 1 homes include a 15-foot rear yard setback. Of the 68 Plan 1 homes, 30 lots have a setback of less than 20 feet which is why the Applicant is using the Planned Unit Development provisions (Section

17.38) of the Municipal Code that allows for a 15-foot rear yard setback. In addition, the lots adjacent to the project entryways (a total of 3 lots) may require a reduction in the 10-foot side yard setback to five feet as the project entryways were expanded to meet the requirements of Fire Department Riverside County Technical Policy 22-002 that requires that one of the travel lanes be 24 feet in width.

The project is consistent with Section 17.19 of the Municipal Code, Supplemental Standards for Single-Family Residential recently adopted by the City Council.

Table 1 – General Neighborhood Development Standards
Zoning Ordinance Proposed Complies
with Code
Density 7-25 du/acre 7.7 du/ac Yes
Parking
(Minimum)
One per dwelling unit, to be
covered or in a garage. Plus one
and one third open space per
dwelling unit.

Yes. Each
unit includes
a 2-car
garage
Lot
Requirements
4,000 sq. ft.

Minimum Lot width 40’
Minimum Lot depth 75’
All proposed parcels are
5,000 sq. ft. or greater
Yes
Minimum Yard
Requirement
Front Yard: 15 feet
Side Yard: 5 feet
Rear Yard: 20 feet
60 Plan 1 homes have a
15-foot rear yard setback
and 3 lots on the corners
may have a 5 ft setback
rather than a 10 ft setback
No.

However, the
proposal is
consistent
with PRD
standards
Height
(maximum)
45 feet Yes. The
maximum
height
proposed is
less than 45
feet

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Item 22.
6 ENVIRONMENTAL REVIEW:

Pursuant to CEQA, an initial study was prepared for the Sevilla II Project. The Initial Study concluded that the project would result in less than significant impacts to Aesthetics, Agriculture and Forestry Resources, Air Quality, Greenhouse Gas Emissions, Energy, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems and Wildfire.

The Initial Study concluded that the project would result in a less than significant impact with mitigation incorporated to Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials and Tribal Cultural Resources.

A 30-day public review period ran from September 5, 2023, to October 5, 2023. Six comment letters were submitted during the comment period. Responses to comments have been prepared for the comments received and are included in Attachment No. 2.

A Mitigation Monitoring and Reporting Program (MMRP) was prepared.

ALTERNATIVES:
1) Adopt Ordinance No. 1208 approving Change of Zone No. 22-05 with the findings and conditions as recommended by Staff as amended by the Planning Commission. 2) Deny Ordinance No. 1208 and not approve Change of Zone No. 22-05. 3) Continue this item and provide staff and the applicant with direction.

RECOMMENDED ALTERNATIVE(S):

Staff recommends that the City Council approve Alternative #1 Attachments:

1. Ordinance No. 1208 (2
nd Reading), Change of Zone No. 22-05
Exhibit A – Ordinance No. 1208 - Change of Zone No. 22-05 Exhibit

2. Vicinity Map

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Item 22.

Ordinance No. 1208

Page 1 ends

ORDINANCE NO. 1208

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COACHELLA APPROVING CHANGE OF ZONE 22-05 THAT PROPOSES

TO ADD THE PUD (PLANNED UNIT OVERLAY ZONE TO THE

EXISITNG G-N (GENERAL NEIGHBORHOOD) ZONE AMENDING THE

OFFICIAL ZONING MAP FOR PROPERTY LOCATED SOUTH OF
AVENUE 50, NORTH OF AVENUE 51, WEST OF VAN BUREN STREET, THE PULTE GROUP, APPLICANT.

WHEREAS, in September 2022 the Pulte Group filed an application for Change of Zone 22-05 to change the zoning on 39 acres located south of Avenue 50, north of Avenue 51 and west of Van Buren Street from G-N (General Neighborhood) to G-N (General Neighborhood-Planned Unit Overlay zone, (G-N-PUD) APN #’s 779-280-002 AND 779-320-001, and, WHEREAS, the City has processed Change of Zone 22-05 pursuant to the Coachella Municipal Code, the California Government Code, including a tribal consultation review period, and the California Environmental Quality Act of 1970 as amended; and, WHEREAS, on October 18, 2023, the Planning Commission of the City of Coachella held a duly noticed and published Public Hearing on the proposed project and recommended to the City Council approval of Change of Zone 22-05 adopting the recommended findings and staff recommendations; and,
WHEREAS, the City Council of the City of Coachella finds that the applicant’s request for Change of Zone 22-05 is internally consistent with the overall goals, objectives, policies and implementation measures of the Coachella General Plan 2035.

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

Section 1. That the City of Coachella Official Zoning Map be amended as shown on the attached Change of Zone 22-05 Map marked “Exhibit A” from G-N (General-Neighborhood) to General Neighborhood-Planned Unit Overlay (GN-PUD) Zone on property located on property located south of Avenue 50, north of Avenue 51, west of Van Buren Street with the findings listed below:

Findings for Change of Zone 22-05:

1. The proposed change of zone is consistent with the intent and purpose of the City’s General Plan in that the proposed General Neighborhood-Planned Unit Overlay zone (GN-PUD) allows the development of the proposed project that is in keeping with the goals and policies of the General Plan. The future uses permitted in the G-N-PUD zone are compatible with the surrounding areas and the levels of traffic characteristic of roads such as Van Buren Street, Avenue 50 and Avenue

51. 2. The proposed change of zone is consistent with the intent and purposes of the GN-PUD zoning

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Item 22.

Ordinance No. 1208

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district in that the proposed project will provide for a single-family home development consistent with the General Plan.

Section 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 3. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading by the City Council.

Section 4. CERTIFICATION
The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published and circulated in the City of Coachella.

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Item 22.

Ordinance No. 1208

Page 3 ends

PASSED AND APPROVED at a special meeting of the City Council of the City of Coachella this 8 th day of November 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Steven Hernandez
Mayor
City of Coachella
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:

Carlos L. Campos, City Attorney
City of Coachella

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Item 22.
“Exhibit A”
ORDINANCE NO. 1208

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Item 22.

Vicinity Map
¯
Site
Avenue 50
Va
n
B
u
r
e
n
S
t
r
e
e
t
Avenue 51

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Item 22.

STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Authorize Execution of Professional Services Agreement Between the City of Coachella and Urban Futures, Inc. for the Amount of $100,000 for Financial Analysis and Budget Preparation Assistance Services
STAFF RECOMMENDATION:

Authorize execution of Professional Services Agreement between the City of Coachella and Urban Futures, Inc. for the amount of $100,000 for Financial Analysis and Budget Preparation Assistance Services.

EXECUTIVE SUMMARY:

The City of Coachella and Urban Futures, Inc. have worked in the past to issue and refinance bonds for important infrastructure project and to improve the City’s overall fiscal budget. Urban Futures will continue to provide those services as the City looks to improve energy efficiencies throughout the City; looking into the formation of an electric utility; move forward with a public safety/police service study; assist with development agreement for future development projects; and provide assistance, if needed, to the new finance director with the development and preparation of the FY 2024-25 budget and ACFR.

FISCAL IMPACT:

The recommended action will affect the General Fund (101) – Other Professional/Contract Services in the amount of $100,000.

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Item 23.
1 80237.00000\19870870.1

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 3
rd day of November, 2023 by and between
the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236 (“City”) and Urban Futures Inc, a California Corporation with its principal place of business at 1470 Maria lane, Suite 315, Walnut Creek California 94596 (“Consultant”). The City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

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

Consultant represents that it is experienced in providing Financial Analysis and Budget Preparation Assistance services to public clients, is licensed in the State of California, and is familiar with the plans of the City.

2.2 Project.

The City desires to engage Consultant to render such services for the Financial Consultancy 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 Public Finance 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 November 6, 2023 to November 6, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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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. The 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 the 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, the City shall respond to Consultant’s submittals in a timely manner. Upon request of the 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 the City.

3.2.4 Substitution of Key Personnel. Consultant has represented to the 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 the City. In the event that the City and Consultant cannot agree as to the substitution of key personnel, the 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: Michael Busch, President and William Pattison, Project Manager.

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3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). The 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 Michael Busch, 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 the City staff in the performance of Services and shall be available to the 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 subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, 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.

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 the 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.

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3.2.10 [CITY TO CONFIRM INSURANCE REQUIREMENTS] Insurance.

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

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 subconsultants.

Consultant shall also require all of its subconsultants 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: $1 million per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, 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: $1 Million per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1 million 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 insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection

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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 Employer’s 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.

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:VIII, licensed to do business in California, and satisfactory to the City.

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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.

3.2.10.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.11 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 lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, 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 One Hundred Thousand ($100,000) without written approval of the City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to the City a monthly itemized statement which indicates work completed and hours of the Services rendered by Consultant. The statement shall describe the amount of the 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. The City shall, within 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 the City.

3.3.4 Extra Work. At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by the 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.

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

3.3.5 Labor Code Requirements.

3.3.5.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The 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 and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.5.2 Registration and Labor Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then, in addition to the foregoing, pursuant to Labor Code sections 1725.5 and 1771.1, Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

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 the 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.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. The 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

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shall be compensated only for those services which have been adequately rendered to the 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, the 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 the Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, the 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:

Consultant:

Urban Futures Inc
1470 Maria lane, Suite 315
Walnut Creek, Ca 94596
Attn: Michael Busch, President
City:

City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attn: City Manager’s Office
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 the 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were

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9 80237.00000\19870870.1
prepared by design professionals other than Consultant or provided to Consultant by the City. The City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at the 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 the 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 the 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 the City.

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

3.5.6 Indemnification. To the fullest extent permitted by law, 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, pertaining to, or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. 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 the City, its directors, officials, officers, employees, agents or volunteers.

Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the 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 survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required

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10 80237.00000\19870870.1
by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.

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.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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.

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

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11 80237.00000\19870870.1

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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

3.5.20 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 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

3.6 Subcontracting.

CITY OF COACHELLA URBAN FUTURES, INC.

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12 80237.00000\19870870.1
By: By:

Gabriel D, Martin, Ph. D Michael Busch
City Manager President
Attest:

City Clerk

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A-1
80237.00000\19870870.1
EXHIBIT “A”

SCOPE OF SERVICES
Analysis Duties
 Provide assistance on the formation of an electric utility  Assist with the Police Services Study
 Provide assistance on the formation of two (2) City Development Agreements with KPC
 Assist the new Finance Director with the development and preparation of the FY 2024- 25 Budget; and
 Assist with the completion of the FY 2022-23 ACFRs

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B-1
80237.00000\19870870.1
EXHIBIT “B”

SCHEDULE OF SERVICES
We believe these services should be completed by the end of June 2024. However, we are recommending the a 1-year contract term in the event the studies identified within Exhibit A require additional time.

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C-1
80237.00000\19870870.1
EXHIBIT “C”

COMPENSATION
UFI proposes to conduct the proposed services on an actual time and materials basis invoiced monthly. UFI’s Professional Service Rate Schedule is as follows:

President/CEO $350.00
Project Manager $335.00
Financial Analyst $225.00
UFI is unable to estimate the exact number of required hours for the project. However, we believe an initial budget of $100,000 is reasonable and UFI will work extremely efficiently to provide the entire Scope of Services.

Additional value-added services that are beyond the scope of work shall be agreed to by both parties via written amendment to the contract with a specific scope of work and pricing structure.

These additional services may include municipal advisory, brokerage services, disposition negotiations, pro-forma review, general plan amendments, zone changes, site plan development, and crafting/revising specific plans.

If the foregoing terms meet with your approval, please indicate your acceptance by executing both copies of this proposal and returning one copy.

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Item 24.
80237.00879\41774354.1

STAFF REPORT
11/11/2023
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Consideration of Conditions for Approval of an Equipment Lease/Purchase Agreement with Respect to the Aquisition, Financing and Purchase of Certain Equipment in Connection with Resolution No. 2023-72 Approved by the City Council on October 25, 2023
STAFF RECOMMENDATION:

It is recommended that the City Council remove the condition placed upon Resolution No. 2023- 72, approved on October 25, 2023, allowing staff to execute and deliver an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp for a portion of the Project (as defined below).

BACKGROUND:

On July 26, 2023, the City Council (“Council”) of the City of Coachella (“City”) adopted Resolution No. 2023-53, approving that certain Contract For Design and Construction of Energy Conservation Measures – Lump Sum (Gov. Code, § 4217, et seq.) (Multi-Site Energy Improvement Project) (the “DB Contract”) with Alliance Building Solutions, Inc. (“Alliance”).

The DB Contract requires Alliance to design and construct several different types of energy conservation measures within the City (collectively, the “City Scope”), including, the following scope of work that the City agreed to construct on behalf of the Coachella Sanitary District (“District”) at the Wastewater Treatment Plant: (i) solar photovoltaic panels; and (ii) process optimization improvements (collectively, the “District Scope” and together with the City Scope, the “Project”). The City has proposed to finance the Project, and has obtained a rate lock of

4.344% for the financing from Banc of America Public Capital Corp (the “Lender” or “Bank”) which the Bank has agreed to extend through November 9, 2023.

On October 25, 2023, the Council adopted Resolution No. 2023-72 approving the financing for the Project and the execution and delivery of the Equipment Lease/Purchase Agreement and related documents with the Bank. In connection with approval of Resolution No. 2023-72, the Council placed a condition on said resolution directing staff to finance the entire Project, including the District Scope, or alternatively not finance any of the Project.

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80237.00879\41774354.1
DISCUSSION/ANALYSIS:

Upon consultation with the City’s legal counsel and financial advisors, the City has been made aware that there are alternative financing structures available for the process optimization improvements at the Wastewater Treatment Plant and Alliance has provided the City with a breakout showing there are anticipated energy savings with the remainder of the Project (excepting the process optimization improvements).

The City Council is now being asked to consider removing the condition placed on Resolution No. 2023-72, allowing for staff to execute and deliver the financing documents in order to finance the Project without the process optimization improvements at the Wastewater Treatement Plant, taking advantage of the rate lock for the remainder of the Project. This will additionally allow the City and Sanitary District to take a holistic approach to improvements at the Wastewater Treatment Plant, including analyzing whether any such project would necessitate raising sewer rates.

ALTERNATIVES:

1. The City Council may decide not to finance the Project or any portion thereof.

2. Take no action
FISCAL IMPACT:

Approving the removal of the condition on Resolution No. 2023-72 will reduce the amount financed by approximately $10 million, and allow the City to take advantage of the rate lock of

4.344% for the remainder of the Project. Interest rates have risen significantly since the Bank provided this rate; and the current estimated interest rate is approximately 5.00%.

ATTACHMENT(S):

None.

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City of
Coachella
Energy
Efficiency Project

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Current Energy Costs
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be 1 shared or communicated to anyone without the expressed written consent from a principal within Alliance. $306,711
$193,247
$176,125
$144,790
$91,775 $79,348
$51,718
$23,780 $20,735 $17,711 $14,400 $10,045 $8,610 $8,508 $6,117 $-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
WW
Treatment
Plant
City Hall Citywide
Street
Lights
Well 19 Well 17 Well 18 Bagdouma
Park
Well 11 Coachella
Library
Ranch Las
Flores Park
Civic
Center
Public
Work Bldg
Lift Station Senior
Center
Veterans
Park
Annual Energy and Gas Usage
Total Annual Cost for Gas and Electric
$1,139,220

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Rec. Scope of Work
2 Lighting Mechanical / Pumping Controls Renewables
Interior LED
Lighting
Upgrades
Exterior LED
Lighting
Upgrades
Decorative
Lighting
HVAC Unit
Replacement
[Package Units]
Pumping
Upgrades
Web-Based
Globally
Programmable
Thermostats
Solar
Photovoltaic
EV
Charging
Bagdouma Park ✔ ✔
6Th Street
✔
Bagdouma Park Community
Center ✔ ✔
Civic Center ✔(2) ✔ ✔ ✔
Public Works Bldg. ✔ ✔ ✔
Rancho Las Flores Park ✔
Citywide Street Lights ✔
Wastewater Treatment Plant ✔
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

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Lighting – All Interior Lighting
3 Interior LED Upgrades
• (3) Sites
• Bagdouma Park
• Bagdouma Community Center
• Public Works Building
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

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Item 25.

Lighting – All Sites Combined
4 Exterior LED Upgrades
• (3) Sites
• Bagdouma Park
• Rancho Las Flores Park
• Public Works Building
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

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Lighting – All Sites Combined
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be 5 shared or communicated to anyone without the expressed written consent from a principal within Alliance.

Street Lighting
• Exterior LED Upgrades
• Citywide

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Streetlighting – Before & After
6 LED vs High Pressure Sodium (HPS)
converting streetlights to LED:
594,240 kWh savings

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Lighting – All Sites Combined
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be 7 shared or communicated to anyone without the expressed written consent from a principal within Alliance.

Decorative Lighting
• Exterior Decorative Lighting
• 6
th Street
Example - Decorative Lighting of Previous Customer

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HVAC / Mechanical
8 Average age of HVAC units being
replaced is over 20+ years
Average Age
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

HVAC Package Unit
Replacements
• (1) Site
• Civic Center

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Pumping
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be 9 shared or communicated to anyone without the expressed written consent from a principal within Alliance.

Pump VFD Upgrades w/
Controls
• Bagdouma Park
Bagdouma Park Pool

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Controls
10 HVAC Controls System
• Install New Pelican Controls
• Open Protocol Wireless Globally Programmable T-Stat
• (3) Sites
• Bagdouma Community Center
• Civic Center
• Public Works Building
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

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Renewables – Solar
11 Solar System
• Install Solar Photovoltaic (PV) System
• (2) Sites
• EV Charging
• (1) Site
• 2 Chargers
589 kW DC
Carport/ Ground Mount Layouts
System Specifications
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

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Solar Layout w/
EV Charging
12 Civic Center

72.2 kW
Carport Shade Structure
*Will include (2) EV chargers,
totaling (4) charging ports
Annual Estimated Production:
135,146 kWh
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

EV EV

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Solar Layout
13 Wastewater
Treatment
516 kW
Ground Mount Structure
Annual
Estimated
Production:
1,059,466 kWh
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance. 88% Offset
Following
Project
Implementation

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Project Benefits & Environmental Attributes
14 Major reduction in utility, maintenance, and operational costs; offsetting a significant amount of Citywide energy usage
Addressing failing infrastructure and major lighting,
HVAC/mechanical, and control needs throughout various
City facilities
Over $20M of total project savings
Project funded by savings
4217 Design-Build approach
Allows Coachella to take strides toward investments into clean energy in order to meet climate action goals, while providing a sustainability dynamic in reaching a carbon neutral future
Project Benefits Environmental Attributes
Reduction in Greenhouse Gas
Emissions from 1,597,819
Miles Driven by the Average
Passenger Vehicle Every Year
Reduced Carbon Emissions
in the Equivalent to Carbon
Sequestered by 743
Acres of Trees Every Year
Reduced Carbon Emissions
in the Equivalent of 698,174
Pounds of Coal Burned
Every Year
1,597,819 743 698,174
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

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Project Overview – City Facilities & WWTP
15 Total Project Amount
$7,157,601
Total Project Savings
$20,772,193
Fiscal Overview Scope Overview
Estimated 1
st Year Savings
$1,517,899
LED Lighting Upgrades (4) Sites
Street Light Upgrades Citywide
Decorative Lighting 6
th Street
HVAC/ Pumping Upgrades (2) Sites
Controls Upgrades (3) Sites
Solar PV (2) Sites
EV Charging (1) Site
*The material within this presentation is proprietary information of Alliance Companies, LLC and cannot be shared or communicated to anyone without the expressed written consent from a principal within Alliance.

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www.absenergy.com

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Item 25.

STAFF REPORT
11/8/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve conceptual design and appropriate $1,000,000 to the Civic Center Pandemic Retrofit Project.

STAFF RECOMMENDATION:

Approve conceptual design and appropriate $1,000,000 to the Civic Center Pandemic Retrofit Project.

EXECUTIVE SUMMARY:

In 2021, eleven projects were proposed to City Council for appropriation of American Rescue Plan Act (ARPA) funds. One of those projects was the Civic Center Pandemic Retrofit Project. Staff has had an architectural firm complete a conceptual design of the remodeled space; shown below.

The proposed project would provide the following improvements: new camera system, new audio and visual system, new dais with connection to closed session room, new room aesthetics, automated voting, and increased room capacity. This project would improve function of City operations by housing the City Council meetings at the same facility all other primary city functions are housed. The improvements noted would significantly increase the quality of city televised meetings which includes City Council Meetings and various city commission meetings; the audio and visual system at the City Council Chambers was last updated over 10 years ago.

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FISCAL IMPACT:

The proposed project is estimated to cost $1,000,000. The proposed project would require Council to approve an ARPA fund allocation of $600,000 and an allocation of $400,000 from undesignated general funds.

ALTERNATIVE:

1. Not approve staff recommendation and instead allocate $300,000 in ARPA funds to install new and modern video and audio equipment for Planning Commission meeting room and to allow the City to have an alternative site with Zoom capabilities in case an emergency occurs at the City Hall building.

2. Not approve staff recommendation or Alternative 1 and move all ARPA funding to Council recommendations provided during the most recent Study Session on ARPA funds – Workforce Development and Old Central Park Site.

3. Provide new direction
ATTACHMENT:
 Civic Center Pandemic Retrofit Project – Site Plan and Renderings

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Item 26.

City of Coachella
Council Chamber Renovation
Conceptual Design
53990 Enterprise Way,
Coachella, CA 92236
SVA Architects
6 Hutton Center Drive
Suite 1150
Santa Ana, CA 92707
www.svaarchitects.com
August 10, 2023 Page 171
Item 26.

AUGUST 10, 2023
City of Coachella Valley - Council Chamber Renovation
Existing Conditions & Demolition Plan

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Skylight
Above
AUGUST 10, 2023
City of Coachella Valley - Council Chamber Renovation
Conceptual Floor Plan & Partial Reflected Ceiling Plan

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AUGUST 10, 2023
City of Coachella Valley - Council Chamber Renovation
Rendering A

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AUGUST 10, 2023
City of Coachella Valley - Council Chamber Renovation
Rendering B

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Coachella City CouncilNovember 8, 2023

Coachella City Council
November 8, 2023