Coachella City Council
March 13, 2024

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
March 13, 2024
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.

Agenda City Council Closed Session and Regular Meeting March 13, 2024

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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) (1) Title: City Attorney

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Coachella v. City of Indio, et al.,
Riverside County Superior Court, Case No. CVRI 2401130

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN No. 763-131-078
Agency Negotiator: Dr. Gabriel Martin, City Manager Negotiating Parties: Industrial Way Properties
Under Negotiation: Price and Terms of Payment
RECONVENE REGULAR MEETING: - 6:00 P.M.

PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

PROCLAMATIONS/PRESENTATIONS/DIRECTION:

4. Presentation - Imperial Irrigation District - Transmission Line Upgrade Project

5. Arbor Day Presentation

6. Presentation - Tot Lot Project - Conceptual Design Update WRITTEN COMMUNICATIONS:

NONE
CONSENT CALENDAR:

Agenda City Council Closed Session and Regular Meeting March 13, 2024

(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 February 28, 2024, 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. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of March 13, 2024, $3,836,198.00

9. Adopt Ordinance No. 1209 (Second Reading) “Sidewalk Vendor Regulations” – Proposed Amendments to Sections 5.04.380, 8.040.010, and 12.04.030 of the Coachella Municipal Code and Adding Chapter 12.50 to the Coachella Municipal Code Amendments Regarding Sidewalk Vending Regulations in Compliance with Senate Bill 946. City-Initiated

10. Resolution No. 2024-09 Approving Final Tract Map 38557-1 (Sevilla II).

11. Approve Recommended Adjustments to the Community Field Use Program

12. Execution of the Twelfth Amended Memorandum of Understanding between the City of Coachella and Sports Leagues.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

NONE
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:

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.

Agenda City Council Closed Session and Regular Meeting March 13, 2024

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

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 CLOSED SESSION AND REGULAR MEETING

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, AND SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY February 28, 2024
5:00PM – 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.

Item 7.

Minutes City Council Closed Session and Regular Meeting February 28, 2024

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

ROLL CALL:

Mayor Hernandez received notice from Councilmember Dr. Figueroa that he will be absent.

Present: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen (arrived at 5:09 p.m.during Closed Session) and Mayor Hernandez
City Clerk Zepeda via Zoom, City Treasure Aviles via Zoom

Absent: Councilmember Dr. Figueroa
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 Consent Calendar.

Made by: Councilmember Galarza
Seconded by: Councilmember Delgado
Approved: 3-0, Unanimous roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, and Mayor Hernandez NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Virgen (arrived at 5:09 p.m.) and Councilmember Dr. Figueroa PUBLIC COMMENTS (CLOSED SESSION ITEMS):

None
ADJOURN TO CLOSED SESSION:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) (1) Title: City Attorney

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case RECONVENE REGULAR MEETING:

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

PLEDGE OF ALLEGIANCE:

City Attorney Campos led the Pledge of Allegiance.

Item 7.

Minutes City Council Closed Session and Regular Meeting February 28, 2024

CLOSED SESSION ANNOUNCEMENTS:

City Attorney Campos received direction from the Council on item No. 2.

PROCLAMATIONS/PRESENTATIONS:

3. Audit 2022-23 Presentation - The Pun Group LLP

4. Coachella Immigrant Families Recovery Program Update by Mission Asset Fund

5. Proclamation - Riverside County Arts and Culture Month

6. Discussion on Field Allocation and Community Field Use Program The Council provided staff direction and to bring an item back to the Council.

Raul Vargas, Alma Aceves from CYSA and other league members commented on this item.

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 February 14, 2024, 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. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of February 28, 2024, $7,298,014.31

9. Provide Staff Direction on Sponsorship Request received from Culturas Music-Arts for Their 11th Annual Women Rising Event in the amount of $5,000

10. Approve Resolution 2024-06 adopting the Local Hazard Mitigation Plan as Required by the Federal Disaster Mitigation and Cost Reduction Act 2000

11. Award Amendment No. 2 to construction agreement with WGJ Enterprises Inc. (dba PCI) for the FY 2023- 26 On-Call Striping Contract Project No. 083122 to extend their term through June 30, 2024

12. Authorize the City of Coachella City Manager to Finalize and Execute a Cooperative Agreement between the City of Coachella and the Twenty Nine Palms Mission Indians For Improvements to Dillon Road and

Item 7.

Minutes City Council Closed Session and Regular Meeting February 28, 2024

Authorize $1,658,329.99 fund transfer from the General Fund (Fund 101) to Road Maintenance -Dillon Road (Fund 108)

13. Award a Contract to Deckard Technologies, Inc., of San Diego, California, for Short Term Rental Monitoring, Compliance, Enforcement, and Tax Collection Services in the Amount of $27,750

14. Authorize City Manager to approve Change Order No. 1 and approve Notice of Completion for City Project No. LL-01 & LL-05, accept project as complete and direct City Clerk to record the Notice of Completion.

15. Approve resolution 2024-07 authorizing application for Tropical Storm Hilary public assistance and designating agents to act on the City's behalf.

16. Authorize the City Manager to Execute Extra Work with Dudek for Total Compensation not to Exceed $407,215.00 in Calendar Year 2024.

17. Authorize the City Manager to sign the “Software as a Service Agreement” with Tyler Technologies, Inc.

18. Authorize a Community-Based Grant to Líderes Campesinas in the Amount of $5,000 to Fund Travel Expenses to the State Capitol for Legislative Advocacy Efforts The Mayor requested a briefing on item numbers 10 and 15 from staff.

Councilmember Galarza pulled item number 9 and requested for Oralia Ortiz to say a few words.

Because she was having technical difficulties, Councilmember Galarza made the comment for her regarding Celina Jimenez.

Motion: To approve the Consent Calendar.

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

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

19. Provide staff direction on sponsorship request received from Celebration Nation Inc for the 2024 Farmchella event, in the amount of $30,000.

The Council requested the continuance of this item.

Motion: To continue this item.

Item 7.

Minutes City Council Closed Session and Regular Meeting February 28, 2024

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

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

20. Approve a Commercial Corridor Façade Improvement Grant Program in the Amount of One-Million Dollars ($1,000,000) from the General Fund to Beautify and Revitalize Commercial Properties Along Cesar Chavez Street Between Avenue 52 and Sixth Street
Motion: To approve staff recommendation.

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

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

21. Adopt Resolution No. 2024-08 Authorizing the City of Coachella to Make a Funding Commitment in Support of the Blue Zones Project Riverside County Initiative Sponsored by Riverside University Health System and Authorize the City Manager to Execute the Funding Commitment Agreement in the Lump Sum Amount of $200,000
Councilmember Galarza stepped away at 9:01 p.m. and returned at 9:04 p.m.

Motion: To approve staff recommendation.

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

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

Item 7.

Minutes City Council Closed Session and Regular Meeting February 28, 2024

22. Proposal for Coachella Sanitary District Headworks Screening Improvements for on-call Professional Services with Dudek in the amount of $144,825.00.

Motion: To approve staff recommendation.

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

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

23. Adopt Ordinance No. 1209 “Sidewalk Vendor Regulations” and Resolution No. 2024-02 “Sidewalk Vendor Application Fee” – proposed amendments to Sections 5.04.380, 8.040.010, and 12.04.030 of the Coachella Municipal Code and adding Chapter 12.50 to the Coachella Municipal Code Amendments regarding sidewalk vending regulations in compliance with Senate Bill 946. City-Initiated (Continued from February 14, 2024)
Mayor Hernandez reopened the public hearing at 9:32 p.m.

Alejandro Meza Aguilar from the Inland Coalition for Justice, Omar and other speakers who did not identify themselves spoke to this item. The City Attorney had emails from Sofia Wrench and Luz Moreno in favor of this item.

Mayor Hernandez closed the public hearing at 9:40 p.m.

Motion: To approve staff recommendation.

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

AYES: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Councilmember Dr. Figueroa
City Attorney Campos read the ordinance into the record.

Item 7.

Minutes City Council Closed Session and Regular Meeting February 28, 2024

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.

None
REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

Councilmember Delgado requested from Selena, for the ICSC conference, to provide a list and target businesses to bring into city, specifically those with healthier options in regards to restaurants/food. She requested a Workforce Hub for licenses and certifications that the community can earn to find employment and afford a living wage. She requested more in the wellness hub. Requesting a presentation on finances for EPA for airport.

In regards to Scholarships and CALSEL, she requested to fund soccer leagues so they can participate in higher level competitions and to afford travel expenses.

Councilmember Galarza announced Dia De los Ninos event and invited everyone to participate. He invited everyone to the State of the County table at Fantasy Springs March 18, 2024.

Councilmember Virgen attended the LAFCO meeting announced annexation of area and expansion and pocket 7 application was approved.

Mayor Hernandez challenges staff to initiate more neighborhood meetings to get more feedback. He would like to come back with discussion about improving communities and creating budgets for these projects for LMNDs.

Mayor thanks staff and attendants.

City Manager’s Comments.

Reminder that the final ADU workshop is Thursday, March 7, 2024 at 5:00 p.m. at Civic Center.

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 10:00 p.m.
_____________________
Angela M. Zepeda
City Clerk

Item 7.

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Item 8.

Item 8.

STAFF REPORT
3/13/2024
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Ordinance No. 1209 (Second Reading) “Sidewalk Vendor Regulations” – proposed amendments to Sections 5.04.380, 8.040.010, and 12.04.030 of the Coachella Municipal Code and adding Chapter 12.50 to the Coachella Municipal Code Amendments regarding sidewalk vending regulations in compliance with Senate Bill 946. City-Initiated
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Ordinance No. 1209, by second reading, approving amendments to the Coachella Municipal Code (C.M.C.) Sections 5.04.380, 8.040.010, and

12.04.030 and adding Chapter 12.50 related to establishment of sidewalk vendor regulations.

BACKGROUND:

In 2018, the California Legislature passed Senate Bill 946 (SB 946) which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946. SB 946 applies to both charter and general law cities. SB 946 prohibits local governments from imposing criminal penalties for sidewalk vending, except SB 946 did not affect the applicability of the California Retail Code, commencing at Health and Safety Code section 113700. SB 946 authorizes the implementation of time, place, and manner regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. Staff worked with the City Attorney’s office to develop a draft ordinance to amend the Coachella Municipal Code (C.M.C).

SB 946, in effect January 1, 2023, created a new category for “compact mobile food operation,” as a mobile food facility that operates from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance and permits a range of food preparation activity including heating, frying, baking, roasting, shaving of ice, blending, steaming of hot dogs or assembly of non-prepackaged food.

On February 28, 2024, the City Council approved the first reading of Ordinance No. 1209 that would establish sidewalk vendor regulations citywide.

DISCUSSION/ANALYSIS:

Item 9.

By definition in the statutes, a Sidewalk Vendor means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. SB 946 prohibits cities from prohibiting businesses to sell merchandise and food in the public realm in both sidewalks and parks, but allow cities to regulate these businesses with regulations that are directly related to objective health, safety, or welfare concerns. The City drafted an ordinance based on of time, place, and manner regulations that are directly related to objective health, safety, or welfare concerns. The following table identifies what the City can and cannot regulate.

City of Coachella Draft Sidewalk Vendor Ordinance
The attached Ordinance includes “permit requirements” that are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act and the City of Coachella’s (“City”) general encroachment permit requirements for work and/or activities in the public right of way.

Sidewalk Vendor Permit Requirement
The Ordinance requires that Sidewalk Vendors obtain a Sidewalk Vendor Permit and would require a business license, California seller’s permit, Driver’s License or Tax ID Number or Municipal ID number, County Health Department permit, General Liability Policy of $1,000,000, and operations site plan.

Permitted Locations for stationary vendors
While the proposed Ordinance prohibits all stationary vendors from vending in residential zones, roaming vendors would be allowed to vend anywhere in the City along a public right-of-way (that has a sidewalk), as long as they comply with the requirements of the proposed Ordinance. The stationary vendor would need to operate on an improved area and would not be able to operate in the public right of way on dirt lots without improved parking that would potentially create an unsafe condition for pedestrians and vehicle traffic. Staff recommends the following for permitted locations of stationary sidewalk vendors:
• Permitted in non-residential zones and mixed-use zones. • Maintain 36 inches of accessible path of travel.
• Building entrances and private driveways may not be blocked at a distance of a minimum of 25 feet.
• Not permitted within 10 feet of a fire hydrant, fire escape, bus stop, loading zone, or handicapped parking space.
• 40 feet away from street and highway intersections to avoid conflicts with pedestrians crossing at intersections.
• Not within 150 feet of farmer’s market, swapmeet or temporary event permit. • Public or street parking or private parking must be within 500 feet of the vending area. • 300-foot distance from schools when in session and 30 minutes before and after schools are in session. This distance requirement would be similar to the ice cream truck operator

Item 9.
requirement.
• 200-foot distance from freeway onramps.
• City Park regulations include:
o Stationary and roaming sidewalk vendors must be at least 50 feet away from another sidewalk vendor.
o prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmer’s Market.

Standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings and maintain access.

Staff has summarized other notable Sidewalk Vending requirements in the draft Ordinance in Table 1 below.

Table 1: Other Sidewalk Vendor Draft Ordinance Requirements Stationary Sidewalk Vendors Roaming Sidewalk Vendors
 Conducted between 5:00 a.m. and 11:00
p.m. everyday
 Maintain vending area in clean, orderly
and sanitary condition
 No tables, chairs, fences shade structures
permitted with vending activities
 Exterior storage prohibited
 No discharge of liquid into City streets,
storm drains, catch basins, or sewer
facilities.
 Sidewalk vending hours for residential
zones shall be conducted between the hours
of 7:00 a.m. and 6:00 p.m.
 Sidewalk vending hours for non-residential
zones shall be conducted between the hours
of 5:00 a.m. and 11:00 p.m. of every day
 The sidewalk vendor does not conduct sales
from a public street.

FISCAL IMPACT:

It is anticipated that there would be a fiscal impact administering the Sidewalk Vendor program, which would partially offset by the sidewalk vendor application fee established by the City Council pursuant to Resolution No. 2024-02 at $125 for the initial application fee for Coachella Valley residents and $100 for application renewals. Applicants residing outside the Coachella Valley would be charged $300 for the initial application fee and $165 for the renewal.

ALTERNATIVES:
1) Adopt Ordinance No. 1209 (second reading) approving amendments to the Coachella Municipal Code (C.M.C.) Sections 5.04.380, 8.040.010, and 12.04.030 and adding Chapter

12.50 related to establishment of sidewalk vendor regulations. 2) Recommend denial of the proposed amendments.
3) Continue this item and provide staff with direction.

Item 9.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as noted above.

Attachments:

1. Ordinance No. 1209 (Second reading) Sidewalk Vendor Ordinance

2. Map of Potential Sidewalk Vendor Locations

Item 9.

Ordinance No. 1209

ORDINANCE NO. 1209

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, AMENDING SECTIONS 5.04.380, 8.04.010, AND 12.04.030 OF THE COACHELLA MUNICIPAL CODE AND ADDING CHAPTER 12.50 TO THE COACHELLA MUNICIPAL CODE, IMPOSING

REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH
SENATE BILL 946 AND AMENDING THE ENFORCEMENT AUTHORITY
REGARDING THE CITY’S ENVIRONMENTAL HEALTH CODE
WHEREAS, the City of Coachella, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with Senate Bill 946 (SB 946); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and WHEREAS, SB 946 applies to both charter and general law cities; and WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and WHEREAS, the permit requirements proposed are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act, and the City’s general encroachment permit requirements for work and/or activities in the public right of way; and
WHEREAS, the standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks; and WHEREAS, SB 946 explicitly stated that the legislation did not affect the applicability of Part 7 (commencing with Section 113700 of Division 104 of the Health and Safety Code, otherwise known as the California Retail Food Code, to a sidewalk vendor who sells food; and WHEREAS, standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings, maintain access, and protect the public during emergencies; and

Item 9.

Ordinance No. 1209

WHEREAS, the City Council finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and WHEREAS, the City Council finds that public and private persons who maintain and/or install encroachments in the public way bear a responsibility to help preserve the public way and to contribute to the administrative and liability costs incurred by the community and caused by such encroachments; and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and
WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants imposing certain regulatory measures, including requiring background checks, to protect the health, safety, and welfare of the community; and
WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; and WHEREAS, fraud or misrepresentation in the course of vending constitutes an objective harm to the health, safety, and welfare of the City’s residents; and WHEREAS, fraud or misrepresentation in the application for the permit constitutes an objective harm to health, safety, and welfare of the City’s residents; and WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City’s residents; and
WHEREAS, the City Council finds that the changes to Section 8.04.010 of the Coachella Municipal Code are necessary to make clear the City’s authority to enforce its Environmental Health Code.

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

SECTION 1. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

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SECTION 2. Subsection P of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“P. Itinerant Merchant. An itinerant merchant under this chapter shall be deemed to mean and include any person or persons, firm or corporation, either principle or agent, employer or employee who engages in a temporary business in the city by selling or offering for sale goods, wares, merchandise, or things or articles of value for a period of not more than one hundred ninety (190) days in any calendar year, and who, for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or stand on any real property or on or adjoining any street or public place in the city. The person, firm or corporation so engaged shall not be relieved from the provisions of this subsection by reason of associating temporarily any local dealer, trader, merchant or auctioneer, or by reason of conducting such temporary business in connection with or as part of any local business, or in the name of any local dealer, trader, merchant or auctioneer. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.” SECTION 3. Subsection Q of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“Peddler. "Peddler" shall be defined as any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, service or thing in the possession of the seller, at any place in the city other than at a fixed place of business, but shall not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies. It shall include the use of a "pushcart," which shall be defined as any wagon, cart or similar wheeled container, not a "vehicle" as defined in the Vehicle Code of the state of California, from which food, beverage, or product is offered for sale to the public. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.

The chief of police shall, based upon the information supplied by the finance department, investigate the backgrounds of all applicants. If such investigation by the chief of police reveals that the applicant has been convicted of a crime involving moral turpitude or any crime of a nature associated with the type of business for which the application is submitted, he or she shall notify the director of finance, who shall deny the license application.” SECTION 4. Subsection Q of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“Solicitor. "Solicitor" shall be defined as any person who engages in the business of going from house to house, place to place, on or along the streets within the city and/or by telephone selling or taking orders for or offering to sell or take orders for goods, wares, or merchandise or other

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things of value for future delivery, or for services to be performed in the future. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.”
SECTION 5. Subsection B of Section 12.04.030 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“B. It is also unlawful for any person to make, or cause to be made, any obstruction on, or any encroachment upon any city street, sidewalk, or other public place without first obtaining from the city engineer, a written permit to make such obstruction and making a deposit to cover the inspection and restoring of such city street or other place to its original condition, together with the incidental expenses in connection therewith, all as provided by this chapter. This sub-section applies to stationary sidewalk vendors who have obtained a permit pursuant to Chapter 12.50 of this title.”
SECTION 6. Chapter 12.50 is hereby added to the Coachella Municipal Code to read as follows:
“Chapter 12.50 – SIDEWALK VENDING.

Section 12.50.010 Purpose.

The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semipermanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

In light of the City’s many public right-of-ways which lack adequate width in paved roadways and lack sidewalk and street lighting improvements, it is intended that all street vending occur in a safe manner to avoid injury to the public.

Section 12.50.020 Definitions.

For purposes of this Chapter, the following definitions apply:

A. “Certified Famers’ Market” means a location operated in accordance with Chapter

10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. “City” means the City of Coachella.

C. “Park” means a public park owned or maintained by the City.

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D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

E. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path.

F. “Stationary Sidewalk vendor or vending” means a sidewalk vendor who vends from a fixed location.

G. “Swap Meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

H. “Temporary Event Permit” means a special event permit or other planning director authorization for seasonal events, holiday celebrations, outdoor display of merchandise, promotional events, or other non-recurring temporary sales / entertainment activity, pursuant to Title 17 of this code.

Section 12.50.030 Permits Required.

A. All roaming sidewalk vendors shall obtain a business license from the City’s finance director or designee, prior to engaging in any sidewalk vending activities. In addition to the required business license, all stationary sidewalk vendors shall obtain a sidewalk vending permit from the City’s Finance Director or designee prior to engaging in any sidewalk vending activities. The following information shall be required for a sidewalk vending permit:

1. Name, current mailing address, and phone number of the vendor; and,

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and,

3. A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales; and,

4. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and,

5. A copy of the valid California Driver’s license issued to the vendor; or, A copy of the individual taxpayer identification number issued to the vendor; or,
A passport or residency card.

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a. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

6. If preparing or selling food, a copy of the County Health Department permit issued to the vendor; and,

7. If preparing or selling food, a current decal sticker issued by the County Health Department to be posted on any food cart used in vending; and,

8. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches (36”) of accessible route area, in compliance with the Americans with Disabilities Act; and,

9. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000; and,

10. A certification by the vendor that to his or her knowledge and believe, the information contained in the application is true.

B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council.

Section 12.50.040 Review of Permit Application; Decision.

A. Upon acceptance of a properly completed and filed sidewalk vendor permit application the City Manager’s designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. City Manager’s designee shall provide the applicant with written notice of his or her decision to the address indicated in the application.

B. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

C. If the City Manager’s designee approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

D. Exemptions. A sidewalk vending permit shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

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2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor concerts, promotional event, and outdoor display of merchandise.

4. First Amendment protected vending which includes the following:
a. Traditional expressive speech and petitioning activities, such as vending the following items: newspapers, leaflets, pamphlets, bumper stickers, patches, and/or buttons.
b. Vending the following items which have been created, written, or composed by the vendor: books, audio, video, or other recordings of their performances, paintings, photographs, prints, sculptures, or any other item that is inherently communicative and is of nominal value or utility apart from its communication.
c. Those items that have a common and dominant non-expressive purpose shall not be considered a vending item that has been “created, written, or composed by the vendor,” such as, but not limited to, housewares, appliances, articles of clothing, sunglasses, auto parts, oils, incense, perfume, crystals, lotions, candles, jewelry, toys, and stuffed animals. Selling these types of dominant nonexpressive merchandise will require a sidewalk vending permit under this Chapter.
d. Performers can perform.
(i) The word “perform” shall mean to engage in any of the following activities: playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling,
reciting, engaging in magic, creating visual art in its entirety, presenting or enacting a play, work of music, work of art, physical or mental feat, or other constitutionally protected entertainment or form of expression.
(ii) The word “perform” shall not include the provision of personal services such as massage or hair weaving, cutting, or styling, the completion or other partial creation of visual, the creation of visual art at which is mass produced or produced with limited variation, or the creation of
handcrafts.
(iii) The word “handcrafts” shall mean objects made either by hand or with the help of devices used to shape or produce the

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objects through such methods as weaving, carving, stitching, sewing, lacing, and beading, including objects such as
jewelry, pottery, silver work, leather goods, and trinkets that do not communicate a message, idea, or concept to others. e. Any sidewalk vendor conducting lawful First Amendment protected vending under subsections (E)(4)(a)-(b), above, shall still be required to comply with any applicable tax and licensing requirements.

E. Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.

F. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

Section 12.50.050 Stationary Sidewalk Vending Locations and Standards.

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the S-N (Suburban Neighborhood) zone, G-N (General Neighborhood) zone, U-N (Urban Neighborhood) zone, and all residential districts of the SP (Specific Plan) zone.

B. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. The sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and,

3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and

4. If the sidewalk vendor is selling food, all employees shall possess a current food handler’s card, issued by the County; and

5. Sidewalk vending hours shall be conducted between the hours of 5:00 AM and 11:00 PM every day; and,

6. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and,

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7. The sidewalk vendor location be at a minimum distance of twenty-five (25) feet of entrances to buildings, private driveways, fire station driveway, or police station driveway; and,

8. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, building windows, parking spaces, handicapped access ramp; and,

9. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and,

10. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and,

11. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and,

12. No vending shall occur within one hundred fifty (150) feet of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and,

13. No vending shall occur within two hundred (200) feet of a freeway onramp or off-ramp.

14. No vending shall occur within three hundred (300) feet of a any school during the hours these schools are in session (and thirty (30) minutes before or after these schools are in session).

15. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the sidewalk vendor; and

16. The sidewalk vendor may not operate on any street right-of-way or sidewalk where street parking or public parking is not available within 500 feet of the vending area, or where off-street parking on private property is not available within 500 feet of the vending area; and

17. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Figure 1: Corner Cut-off limitations for Sidewalk Vendors

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Section 12.50.060 Sidewalk Vending in Parks, Certified Farmer’s Markets.

A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmer’s Market.

B. Sidewalk vendors may operate in City Parks provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and,

3. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and,

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and,

5. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and

6. Any sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; and

7. The sidewalk vendor location shall be at a minimum distance of twenty (25) feet from entrances to buildings, driveways, parking spaces, or building windows; and,

8. No vending shall occur within one hundred (150) feet of an event held pursuant to a Temporary Event Permit.

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9. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities.

All discharges shall be contained and properly disposed of by the sidewalk vendor.

10. All stationary and roaming sidewalk vendors must be at least 50 feet away from another sidewalk vendor, except that groups of five or fewer sidewalk vendors may assemble as one group not occupying more than 2,000 square feet of combined area, for purposes of limiting undue concentration. At no time shall there be more than ten sidewalk vendors at any one City Park without a temporary use permit.

11. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Section 12.50.070 Roaming Sidewalk Vending.

A. Roaming sidewalk vendors shall meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. Sidewalk vending hours for residential zones shall be conducted between the hours of 7:00 AM and 6:00 PM; and,

3. Sidewalk vending hours for non-residential zones shall be conducted between the hours of 5:00 AM and 11:00 PM of every day; and,

4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

6. The sidewalk vendor does not conduct sales from a public street.

7. No vending shall occur within the immediate vicinity of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit.

8. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees

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with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Section 12.50.080 Suspension; Rescission.

A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the City Manager’s designee after four or more violations of this Chapter in accordance with Section 12.50.100 of this Chapter, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. No person whose street vending permit has been revoked pursuant to this Chapter shall be issued a street vending permit for a period of two (2) years from the date revocation becomes final.

Section 12.50.090 Appeals to City Manager.

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the City Manager’s designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the Economic Development Director or designee a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee for administrative reviews. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The Economic Development Director shall transmit the written statement to the City Manager within ten (10) days of its filing and payment of the appeal fee, and the City Manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least ten (10) days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

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Section 12.50.100 Penalties.

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall be punished by:

1. An administrative fine not exceeding $100 for a first violation after one written warning has been issued by the City of Coachella Code Enforcement.

2. An administrative fine not exceeding $200 for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding $500 for each additional violation within one (1) year of the first violation.

B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:

1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation after one written warning has been issued by the City of Coachella Code Enforcement.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

C. If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.

D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.

E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.

F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

G. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may

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request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

I. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes, regulations, and ordinances.” SECTION 7. Section 8.04.010 of the Coachella Municipal Code is hereby amended to read as follows:
“City and County enforcement of state regulations and statutes.

The city council consents and requests that, in addition to the City’s own authority to enforce and observe, the county health officer of the county of Riverside, state of California, shall also be authorized to enforce and observe all of the following:

A. Orders, quarantine regulations, and rules prescribed by the state department and other rules and regulations issued under the provisions of the California Health and Safety Code.

B. Statutes relating to the public health.

Such services shall continue indefinitely until the city council shall terminate them by adoption of a resolution or ordinances, as provided in Division I, Part II, Chapter I, Article 2, of the Health and Safety Code. Each reference to the county, enforcement officer, and enforcement agency in this Title 8 of the Coachella Municipal Code shall be interpreted to equally be referencing the City and its authorized employees and agents.” SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Coachella hereby declares that it would have adopted this Ordinance and each section,

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sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

SECTION 10. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 11. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of the City of Coachella, California, at a regular meeting of the City Council held on the 13th day of March, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
STEVEN A. HERNANDEZ, MAYOR
ATTEST:
______________________________________
ANGELA M. ZEPEDA, CITY CLERK
APPROVED AS TO FORM:
_________________________________________

CARLOS CAMPOS, CITY ATTORNEY

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State of California )
County of Riverside ) s.s.

City of Coachella )
I, Angela M. Zepeda, City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. 1209, introduced at a regular meeting held on the 28th day of February 2024, and duly adopted by the City Council of the City of Coachella, California at a regular meeting thereof held on the 13th day of March, 2024.

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
ANGELA M. ZEPEDA, CITY CLERK

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0 0.65 1.3 1.95
Miles E
Permitted Areas - Sidewalk Vendors
City of Coachella
Zoning Districts
44th Ave.
*Densities, intensities, and
prohibited uses shall be
consistent with criteria in the
airport land use compatibility
plan for the Jacqueline Cochran
Regional Airport, including
applicable Countywide criteria
that may exist at the time of
project review. If the project is
located in the Riverside County
Airport Land Use Compatibility
Plan zones, please see ALUCP
and Coachella City Planning Staff
for the most up-to-date
regulations.

Eagle
Falls
La Entrada
Residential Districts
Roaming Sidewalk Vendors permitted
Non-Residential Districts
Stationary and Roaming Sidewalk Vendors
permitted
Public Parks
Stationary and Roaming Sidewalk Vendors
permitted
DRAFT

Item 9.

STAFF REPORT
3/13/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Resolution No. 2024-09 Approving Final Tract Map 38557-1 (Sevilla II).

STAFF RECOMMENDATION:

Adopt Resolution No. 2024-09 Approving Final Tract Map 38557-1 (Sevilla II).

DISCUSSION/ANALYSIS:

A final Parcel Map has been prepared by an appropriately licensed professional for Tract Map No. 38557-1 in accordance with the approved Tentative Tract Map 38857-1. Tract Map 38557-1 will subdivide two lots into one hundred ninety-two (192) single-family residential lots, with public streets and common-area lots, on 40.42 acres of vacant land located on west side of Van Buren Street between Avenue 50 and Avenue 51 (APN #779-320-001 and 779-280-002). The map is consistent with the General Plan 2020.

Final Tract Map No. 388557-1 is in compliance with the conditions of approval and is in accordance with the Subdivision Map Act of the State of California. Final approved off-site improvement plans and bonds will be provided within 60 days.

Staff recommends that the City Council Approve the Final Tract Map 38557-1.

FISCAL IMPACT:

The approval of this Parcel Map will have no fiscal impact to the City of Coachella.

Attachments:

1. Resolution No. 2024-09

2. Final Parcel Map 38857-1

Item 10.

RESOLUTION NO. 2024-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, APPROVING FINAL TRACT MAP NO.
38557-1 (SEVILLA II)
WHEREAS, A final Tract Map has been prepared by an appropriately licensed professional as Tract Map 38557-1, subdividing of those certain lands identified on the approved Tentative Parcel Map No. 38557-1; and
WHEREAS, as a requirement of the Subdivision Map Act of the State of California, as it existed at the time of the approval of Tentative Tract Map No. 38557-1, that map complied with said requirements; and
WHEREAS, the City Council of the City of Coachella deems it is in the best interest of the citizens of the City of Coachella, California, that this division of land is consistent with the goals and policies of the General Plan.

NOW, THEREFORE, BE IT RESOLVED, that this City Council does hereby approve said Final Tract Map 38557-1, subject to the following conditions:

1. City of Coachella acknowledges that securities (bonds) for off-site improvements and approved off-site street improvements plans will be provided, and as such, owner shall provide proof to the City Attorney and City Engineer that the premium has been paid and that the bonds are current within 60 days.

PASSED, APPROVED and ADOPTED this 13th day of March 2024. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 10.

Resolution No. 2024-09

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-09 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of March 2024 by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 10.

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CALIFORNIA 111 CALIFORNIA 86 10 Page 51
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Item 10.

STAFF REPORT
3/13/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve recommended adjustments to the Community Field Use Program.

STAFF RECOMMENDATION:

Approve recommended adjustments to the Community Field Use Program.

EXECUTIVE SUMMARY:

In 2011, facility user fees were adopted and implemented. Since 2011, lighted field use has required users to obtain a facility field use permit and pay the corresponding facility field use and field lighting rates. In response to Council requests community field use options were evaluated by staff. In 2017, City Council approved a Community Field Use Program be established for Fridays at all Bagdouma Park and Saturdays and Rancho Las Flores Park sports fields from dusk to 10pm.

In 2020, the Community Field Use Program was approved as follows:
- Bagdouma Park
o Mondays, Wednesdays, Fridays, Saturdays
- Rancho Las Flores Park
o Tuesdays, Wednesdays, Thursdays, Saturdays
In 2017 and 2020 when this program was established it was created to provide free field lighting to league and non-league teams; none of the established Community Field Use days resulted in conflicts to any field use by leagues. At the October 2023 Parks and Recreation Commission Meeting both soccer leagues identified that the Community Field Use schedule is restricting league play for youth and adult games.

On November 20, 2023, at the request of both soccer leagues (CVSL and CYSAS) city staff meet with the community group members and leadership from both soccer leagues to discuss amendments to the existing Community Field Use Schedule. The primary concerns discussed during this meeting are listed below:

Item 11.
- Community Field Use Days were originally created when field use and lights were provided based on a fee; these were requested originally to provide practice days for the community without a fee. The use has now changed as no fees are charged to anyone for field or field light use. - Currently, both leagues are reporting that travel teams (most of which charge youth for team entry) are reserving much of the available community field use days. Thus, the community field use days are not being used by the community as much as it is by organized travel teams that are also members of both soccer leagues.
- CVSL is reporting the current community field use days at RLF are not allowing them to schedule youth games as youth games need to be scheduled in the early evening and CVSL only has Mondays for those games (Tuesday, Wednesday and Thursday are Community days at RLF).

To resolve the above noted concerns, which were also discussed at the February 14th and February 28th City Council Meetings, below are the recommended amendments to the Community Field Use Program days:

1. Community days after 8:15pm field uses would revert to MOU use from 8:15pm-10:30pm at both RLF and Bagdouma.

2. Wednesdays at RLF Park be MOU use.

3. Fridays, field 4, at Bagdouma Park revert to MOU use.

4. Saturdays at RLF Park and Bagdouma Park be MOU use.

Staff supports the above four edits identified to the Community Field Use Program.

FISCAL IMPACT:

None.

Item 11.

STAFF REPORT
3/13/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Execution of the Twelfth Amended Memorandum of Understanding between the City of Coachella and Sports Leagues.

STAFF RECOMMENDATION:

Execution of the Twelfth Amended Memorandum of Understanding between the City of Coachella and Sports Leagues.

BACKGROUND:

Since 2007, the City has entered into a Memorandum of Understanding (MOU) with the local nonprofit sports leagues for use of park facilities. The MOU identifies the following per league use information pertaining to Bagdouma Park and Rancho Las Flores Park: league season (months of the year available), days of use during the identified league season and area of the park available to the league use during their identified season.

DISCUSSION/ANALYSIS:

Based on feedback and direction provided to staff at the February 28th City Council Meeting staff is presenting the attached Amendment No. 12 to the Memorandum of Understanding (MOU) with the Sport Leagues for approval. Below are the two edits reflected in the attached twelfth amendment:
- Edits to Section 2.2 of the MOU moving facility use of Bagdouma Park Field 4 to Coachella Valley Soccer League (CVSL) during the months of January – May 31. - Edits to Section 2.3 of the MOU removing facility use of Bagdouma Park Field 4 from Coachella Sports Youth Association Soccer (CYSAS).

FISCAL IMPACT:

Recommended action will not have a fiscal impact.

Attachments: MOU Twelfth Amendment (Proposed)

Item 12.
1 TWELFTH AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF COACHELLA AND THE SPORTS LEAGUES
This Memorandum of Understanding (hereinafter “MOU”) is made on March 13, 2024, by and between the City of Coachella, a California municipal corporation organized and existing under the laws of the State of California (hereinafter, “City”), Coachella Youth Baseball & Softball Association (hereinafter “CYBSA”), Coachella Valley Soccer League (“CVSL”), Coachella Youth Sports Association – Soccer (hereafter “CYSA-S”) and Coachella Little Arabs Youth Football (hereinafter “CLAYF”), hereinafter also referred to individually as a “Party” or jointly as “Parties.”

RECITALS
WHEREAS, the City of Coachella is a California municipal corporation organized and existing under the laws of the State of California, which provides various park facilities to its community including: Bagdouma Park, and Rancho Las Flores Park (referred to hereinafter collectively as “Parks”);
WHEREAS, CYBSA is a youth sports league operating its baseball and softball sports leagues within the City of Coachella, specifically using Bagdouma Park during their sports season which runs from February 1 to May 31, of each year for their practices, games, tournaments, programs and related baseball activities;
WHEREAS, CVSL is a youth and adult soccer sports league operating its sports leagues within the City of Coachella, specifically using Rancho Las Flores Park, from November 1 to July 31, during part of their sports season for their practices, games, tournaments, programs and related soccer activities;
WHEREAS, CYSA-S is a youth and adult soccer sports league operating its sports leagues within the City of Coachella, specifically using Bagdouma Park, from November 1 to July 31, during part of their sports season for their practices, games, tournaments, programs and related soccer activities;
WHEREAS, CLAYF is a youth football and cheerleading sports league operating its sports league within the City of Coachella, specifically using Bagdouma Park during its sports season which runs from July 20 to November 30, of each year for its practices, games, tournaments, programs and related football activities;

Item 12.
2 WHEREAS, the past use of Parks by CYBSA, CVSL, CYSA-S, and CLAYF (collectively, “Sports Leagues”) have had concerns regarding which sports league has access to certain areas of the Parks;
WHEREAS, the City is interested in resolving these use and access conflicts between the Sports Leagues by entering into this MOU with the Sports Leagues using City facilities to established a mutually agreeable schedule and understanding; WHEREAS, since the Sports Leagues also charge fees for the public to join their respective sports leagues which use the Parks, the Sports Leagues have agreed to have and maintain their 501(c)(3) non-profit corporate status as of the date of this MOU and for the term of this MOU;
WHEREAS, the Sports Leagues have reached a mutual understanding that will grant the Sports Leagues access to certain mutually agreeable sections of Bagdouma Park, and/or Rancho Las Flores during their respective sports seasons under the terms of this MOU; and
WHEREAS, each Sports League must: 1) apply for a facility use permit for sports season use, 2) request an invoice from the City for the individual sport league’s season use fees, 3) pay/commit to a payment plan for the corresponding use fees, 4) obtain an approved facility use permit prior to being permitted field use for the season, as is allowed for by the terms of this MOU; and
WHEREAS, the Sports Leagues must submit a separate facility use permit request and obtain an approved facility use permit for any and all uses not authorized by the terms of this MOU;
WHEREAS, by entering into this MOU the City, CYBSA, CVSL, CYSA-S, and CLAYF will strengthen their relationship to provide services to the public upon a mutual understanding.

NOW, THEREFORE, the City, CYBSA, CVSL, CYSA-S, and CLAYF mutually understand and agree as follows:

1. General. The foregoing recitals are true and correct and all exhibits referred to hereinafter are hereby incorporated into and made a part of this MOU.

Item 12.
3 2. Access to City Park Areas by Sports Leagues. The below sections describe park access areas per league. For permitted use of these areas each league must obtain an approved Facility Use Permit for sport season play annually. All non-sport season play must be permitted separately from season league play per a separate Facility Use Permit.

2.1. CYBSA shall have access to the areas of Bagdouma Park described as area A and B in Exhibit 1 attached hereto and incorporated herein by this reference, from February 1 to May 31, of each year. The permitted access shall be as reflected in the issued annual/monthly Facility Use Permit .

2.2. CVSL shall have access to the areas of Rancho Las Flores Park described as areas C1, C2 and C3 in Exhibit 2 and area D in Exhibit 1, as permitted by the issued annual/monthly Facility Use Permit. The available uses of these areas during season play are as follows:
1) September 18 to November 19 : Exhibit 2 areas C1, C2 and C3; 2) January 10 to May 31: Exhibit 2 areas C1, C2, C3 and Exhibit 1 area C3; 3) June 1 to July 31: Exhibit 2 area C1, C2 and C3;
4) August 1 – October 31; Exhibit 1 area D (Bagdouma Field 4) only Mondays, Wednesdays and Sundays.

2.3. CYSA-S shall have access to the areas of Bagdouma Park described as areas C in Exhibit 1 and as reflected in the issued annual/monthly Facility Use Permit.

The available uses of these areas during season play are as follows:
1) September 18 to November 19 : Exhibit 1 areas C;
2) January 10 to May 31: Exhibit 1 areas C and D;
3) June 1 to July 31: Exhibit 1 areas C;
4) August 1 – October 31; Exhibit 1 area D (Bagdouma Field 4) only Tuesdays, Thursdays and Saturdays.

2.4. CLAYF shall have access to the area of Bagdouma Park described as area C3 in Exhibit 1 attached hereto and incorporated herein by this reference, from July 20 to November 30, of each year. The permitted access shall be as reflected in the issued annual/monthly Facility Use Permit .

2.5. At all other times and dates not described in Subparagraphs 2.1,

2.2, 2.3, 2.4, and 2.5 above, the areas identified as in Exhibit 1 - 2 as “A”, “B”, “C”, “C1”, “C2” and “C3” (hereinafter “League Areas”) shall be available and open to be used and accessed by other parties and the general public. Moreover, when the League Areas are

Item 12.
4 not being used by the respective Sports Leagues during their sports season, other parties and the general public shall have use and access to the League Areas.

2.6. None of the use and access rights granted to the respective Sports Leagues in Subparagraphs 2.1, 2.2, 2.3, 2.4, and 2.5 shall abrogate and deny the City’s ability to use and access the League Areas for any and all purposes, in the City’s sole and absolute discretion, which may include but are not limited for maintenance purposes, for special events, to respond to emergencies, to make improvements to the League Areas, reseed the grass at least twice annually each year in the League Areas, and to carry out other municipal and local responsibilities and duties of the City. When the City exercises its absolute and sole use and access rights described herein, the City will use all reasonable efforts to provide advance notice of its use of the League Areas and to minimize the disturbance and inconvenience this may cause the Sports Leagues.

2.7. Non-Season Play. All non-season play must be permitted separately from season league play per a separate facility use permit. No Sport League can obtain facility use permits for non-season play if it will result in issuance of permitted facility use exceeding a nine month period. Sport League facility use cannot exceed nine months between January 1st and December 31st of each calendar year; total facility use is the combined sport season play and non-sport season play per calendar year. All nonseason play requests will be evaluated individually and approved only if they can be accommodated without impacts to field conditions and existing season play field areas as identified in Section 2 of this MOU.

3. Access to the Snack Bar by Sports Leagues. For permitted use of the snack bars each league must obtain an approved facility use permit as allowed by Chapter 12.32 of the Municipal Code.

4. Non-Profit: 501(c)(3). To be eligible for use of and access to the League Areas, the Sports Leagues have agreed to have a 501(c)(3) status for their respective league organization, as named in the MOU and as currently identified by their respective 501(c)(3) number and Employment Identification Number, and to maintain that 501(c)(3) status active and current. Should the Sports League 501(c)(3) status not be in current standing (such as but not limited to: inactive, suspended or delinquent), the City will issue the Sports League a written Notice of Violation. The Sports League will have 180 days from the status to an active and current standing (as verifiable by public state and federal websites). Should the Sports Leagues not return its 501(c)(3) status to a current status by

Item 12.
5 day 181 from the date of the Notice of Violation the Sports League’s Facility Use Permit and facility access will be revoked until corrected.

5. General Liability Insurance and Business License. The sports league shall be required to submit a City of Coachella Business License and a proof of General Liability insurance prior to the start of the season, in the amount of $1,000,000 reflecting the City of Coachella and its officials as additional insured with respect to the use of the City facilities (Bagdouma Park and/or Rancho Las Flores Park). Without receipt of this submittal a Facility Use Permit will not be issued, delaying facility access until provided.

6. Record Keeping.

6.1 The following documents must be provided to the City thirty (30) days prior to the commencement of the sports season in order to ensure no delays are experienced in permitting sport season play: copy of the league bylaws, submit form identifying its board members, file form identifying: when, where and how often the sport league holds its regular meetings, copy of the league’s current 501c3 status and original issuance, current insurance documents providing the coverage referenced in Section 5. A facility use permit will not be issued without the above noted documents. If the documents are not provided to the City thirty (30) days prior to the commencement of the sports season the Sports League may experience up to a thirty (30) day delay in obtaining the required Facility Use Permit for facility access.

6.2 Forty-five (45) days after the start of the sports season each Sport League must provide the City the following information: number and names of all teams registered with the Sports League; name and city of residency and age of each registered player listed per team. If the documents are not provided to the City within the forty-five (45) days the Sport League may experience up to a thirty (30) day delay in obtaining the required Facility Use Permit for facility access.

6.3 Staff must be invited to any and all Sport League elections and be provided at least twelve (12) calendar days’ notice of such an election via certified mail.

6.4 The Sports Leagues shall keep and maintain during the term of this MOU, in accordance with generally accepted accounting principles, complete books of accounts and accounting records (collectively, the “Books and Records”) of all league enrollment fees, purchases and receipts of merchandise, food, beverage, inventories and

Item 12.
6 all sales and other transactions from which the Sports Leagues’ receipts and charges are or can be determined.

6.5 The Sports Leagues shall record all transactions, at the time each transaction is made, whether for cash or credit.

6.6 The Sports Leagues shall retain the Books and Records during the term of this MOU and for a period of at least four (4) years after the end of each calendar year thereof.

6.7 The Sports League shall present an annual End of the Year Report to the Parks and Recreation Commission.

7. User Fees. The Sports Leagues must pay the approved user fees for their use of City facilities. All uses must be permitted and codified per an issued Facility Use Permit.

7.1 All Facility Use Permits will reflect the total sports season use costs.

Each Sports League will have the option to 1) pay all fees prior to the start of its sports season 2) pay fees on a month to month basis or 3) establish up to three payment installments in order to pay the complete amount owed for use of the City facilities during its sports season (the last installment payment cannot be scheduled later than thirty-one (31) days before the end of the sports season).

Should the Sports League lapse in any one of its arranged payment installments a Notice of Correction will be issued and the Sports League will be provided fourteen (14) days to pay the agreed payment otherwise the Sports League’s Facility Use Permit will be revoked until the full payment due is made.

8. Financial Audit. The Books and Records shall, upon five (5) business days’ prior written notice to the Sports Leagues, be open for inspection by City, its auditors or other authorized representatives.

8.1 The Sports Leagues shall be audited by a third party financial firm selected and paid for by the City of Coachella bi-annually. Prior to the audit the Sports League will provide written notification of all documents requested to complete the financial audit; the Sports League will be provided 30 days to produce requested documents. Should the documents requested not be produced within the 30 days

Item 12.
7 provided facility access will be revoked until corrected. The final audit documents will be posted on the City website.

8.2 All members of Sport League boards must attend the annual 501c3 training provided by the City.

8.3 All Sport Leagues must obtain a Financial Audit score of C or higher and each Sport League’s Financial Audit score much improve each year.

9. Code of Conduct. The City of Coachella Municipal Code Chapter 12.32 establishes Park Use Regulations. Sports League representative must at all times ensure their actions do not conflict with the Activities and Conduct Prohibited in City Parks.

Violations will result in restricting the violator from accessing the park. If violations are recurring the restriction period can extend to the entire Sports League Season. Extended restriction periods will result in a written Notice of Violation to be issued by the City of Coachella Public Works Director.

10. Term. This MOU shall be effective as of March 15, 2024, and shall continue in effect until June 30, 2025, unless earlier terminated as provided herein. This MOU shall be automatically renewed from year to year on July 1st, unless either Party gives notice to the other Parties, on or before May 1 of each year, of its intent not to renew this MOU.

11. Termination of Agreement.

11.1 Grounds for Termination. City may, by written notice to Sports Leagues, terminate this Agreement at any time for violations of the City’s Municipal Code Chapter 12 Park Use Regulations and may terminate this Agreement without cause by giving written notice to Sports Leagues of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination.

12. Notice. Notices under this MOU shall be given in writing, by personal delivery, or first class mail, addressed to:

For CYBSA: For CYSA–S:

President, Coachella Youth President, Coachella Youth
Baseball & Softball Association Sports Association - Soccer P.O. Box 1296 P.O. Box 1323
Coachella, CA 92236 Coachella, CA 92236

Item 12.
8 For CLAYF
President, Coachella Little
Arabs Youth Football
P.O. Box 1109
Coachella, CA 92236
For City of Coachella: For CVSL:

City Manager President
53-990 Enterprise Way 51544 Cesar Chavez St. Suite 1H
Coachella, CA 92236 Coachella, CA 92236

13. Amendments. To the extent that either of the Parties believes that the MOU should be amended, the Parties agree to negotiate on such amendments in good faith in order to further the objectives of this MOU.

14. Complete and Final Agreement. This MOU contains the entire understanding of the Parties hereto with respect to the subject matter contained herein, and represents the complete and final expression of the Parties and supersedes any prior written or oral discussion, negotiation, understandings or agreements between the Parties.

15. Successors and Assigns; Transfer or Sale. No interest in this MOU shall be sold, assigned, pledged or alienated in any manner without the written consent of the other Parties. This MOU shall be binding on and shall inure to the benefit of the Parties hereto and their respective successor and permitted assigns. Permitted and access to the aforementioned City facilities (Park and Snack Bar Use) is provided to the Sports Leagues by the City and cannot be transferred/given by the Sports Leagues to any other entity.

16. No Third Party Beneficiaries. This MOU is not intended to, and shall not be construed to, create any right on the part of a third party to bring an action to enforce any of its terms and understandings.

17. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same document.

Item 12.
9 18. New Party Requirements. No Sport League can be eligible to be added as a party to the Agreement unless: 1) less than two organizations are providing one of three youth sports (soccer, baseball/softball, football); 2) Sport League applicant must have at least three consecutive years in operation 3) Sport League applicant can provide the following documents for three consecutive years: active and current 501c3 status, 1023 documents, Registered with Franchise State Tax Board documents, Registered as a State Charity, financial documents including general ledger of all transactions for the same three years, applicant can provide all Financial Audit documents and obtain a score of C or better by the City assigned third party auditor.

WHEREFORE, IN WITNESS THEREOF, the City, CYBSA, CVSL, CYSA-S, CVRYFA, and CLAYF hereby execute and enter into this Memorandum of Understanding with the intent to be bound thereby through their authorized representatives whose signatures are affixed below.

CITY OF COACHELLA:

By: ____________________________
Gabriel D. Martin, Ph.D, City Manager
ATTEST:

By: ____________________________
Angela M. Zepeda, City Clerk
Approved as to form:

By: ____________________________
Carlos Campos, City Attorney

COACHELLA YOUTH BASEBALL

AND SOFTBALL ASSOCIATION
By: ____________________________
Juan Rodriguez, President

COACHELLA VALLEY SOCCER
LEAGUE
By: ____________________________
Manuel Montaño, President

COACHELLA YOUTH SPORTS

ASSOCIATION SOCCER
By: ____________________________
Alma Aceves, President

COACHELLA LITTLE ARABS

YOUTH FOOTBALL
By: __________________________
Mario Gallo, President

Item 12.
10 EXHIBIT 1 – BAGDOUMA PARK

Item 12.
11 EXHIBIT 2 – RANCHO LAS FLORES PARK

Item 12.