Agenda packet — Coachella City Council, July 24, 2024 (part 1 of 3)

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

CITY COUNCIL CLOSED SESSION AND

REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
July 24, 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.

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Agenda City Council Closed Session and Regular Meeting July 24, 2024

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

ROLL CALL:

APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” PUBLIC COMMENTS (CLOSED SESSION ITEMS):

ADJOURN TO CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Coachella v. A.H.D. Limited Partnership, et al.

Riverside County Superior Court, Case No. CVPS2103815

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

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Desert Valley Builders v. City of Coachella, et al.

Riverside County Superior Court, Case No. Ric1900832

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case
RECONVENE REGULAR MEETING: - 6:00 P.M.

PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

PROCLAMATIONS/PRESENTATIONS/DIRECTION:

5. Proclamation Recognizing Employment Month
WRITTEN COMMUNICATIONS:

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

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Agenda City Council Closed Session and Regular Meeting July 24, 2024

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6. Special Meeting Minutes of June 25, 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 Foundation

7. Regular Meeting Minutes of July 10, 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 Foundation

8. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 and FY 2024-25 Expenditures as of July 24, 2024, $2,044,538.49

9. Quarterly Reports - Second Quarter FY2023-2024

10. Authorize execution of Amendment No. 1 to the Agreement for Emergency Services Coordinator Services between the County of Riverside and the City of Coachella

11. Adopt Resolution No. 2024-42 declaring its intention to establish City of Coachella Community Facilities District No. 2024-1 (Public Services) and to authorize the levy of a special tax therein to finance certain services; setting public hearing date as September 11, 2024.

12. Authorization to file a Notice of Completion for the Fire Station #79 Expansion and Rehabilitation Project, City Project No. F-7.

13. Authorize Direct Purchase of Sports Lighting for an Amount not to Exceed $180,000, Execute Change Order #1 to Three Peaks for an Amount not-to-exceed $120,000, and Authorize Appropriation of $300,000 from General Fund for the Bagdouma Park Misc. Site Improvements, City Project Numbers P-30 & P-32

14. Authorization to file a Notice of Completion and appropriation of $234,272.99 from General Fund for City Project No. ST-130, Pueblo Viejo Sustainable Transportation Project

15. Approve Execution of a Maintenance Agreement to Brisas Air Conditioning & Heating, in the Amount of $43,375.00, for Replacement of a 15-ton Commercial Package Heating, Ventilation and air Conditioning unit for the Senior Center facility; Authorize Allocation of $43,375.00 from Unallocated General Funds to Finance the Replacement unit
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

16. Ordinance No. 1212 - An Ordinance Adding Chapter 9.28 to Title 9 of the Coachella Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City

17. Resolution No. 2024-44 - A Resolution Formally Expressing Opposition to the Desert Healthcare District’s Proposed Hospital Lease Agreement’s “Non-Compete” Provision and Directing the Mayor to Send a Letter to the Desert Healthcare District Board Expressing this Opposition

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Agenda City Council Closed Session and Regular Meeting July 24, 2024

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18. Adopt Resolution No. 2024-40 Declaring its Intention to Annex Property into City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax Within Annexation Area No. 36 (Sevilla II – Pyramid Ranch).

19. 2024 City of Coachella Resident Engagement Academy

20. Authorize City Manager to approve Change Order No. 1 for the Multi-Site Energy Improvement Project Awarded to Alliance Building Solutions, Inc. for an Additional Amount of $242,144.00 to Install Smart Controls to City Owned Street Light Fixtures Improving Maintenance Repair Response Times; Authorize Allocation from Undesignated General Funds Revenue in the Amount of $242,144.00

21. Approval of the Planning Commission Workplan for Fiscal Year (FY) 2024-2025

22. Designate a Voting Delegate and Alternates to the League of California Cities Annual Conference & Expo.

23. Adopt Resolution No. 2024-43 Calling for the Placement of a General Tax Measure on the November 5, 2024 General Municipal Election Ballot Amending the City’s Transient Occupancy Tax from 9% to 13%, Updating the Ordinance’s Terms to Address Third Party Bookings and Making Other Conforming Updates.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

24. Adopt Resolution No. 2024-39 Authorizing the Establishment of an Annual Special Tax for City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) and Annexation Areas Thereto for Fiscal Year 2024/2025

25. Public Hearing for Resolution No. 2024-41 Confirming the Assessment and Diagram and Ordering the Levy and Collection of Assessments for the City of Coachella Landscaping and Lighting Maintenance District No. 1 through 40 for Fiscal Year 2024/2025

26. Adopt Resolution No. SD-2024-04 Authorizing the Collection of Residential Sanitary Sewer Rates for Fiscal Year 2024/2025 Through the County of Riverside Tax Roll

27. Adopt Resolution No. 2024-37 Approving Entertainment Permit No. 22-04 for the Coachella Valley Event Center, an Entertainment Venue Located on a 20-acre site at 46600 Tyler Street (APN# 603-130-001).

Applicant: Edwart Rostamian
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.

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Agenda City Council Closed Session and Regular Meeting July 24, 2024

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ADJOURNMENT:

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

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

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WHEREAS, gainful employment contributes to an individual’s dignity, pride and satisfaction; and
WHEREAS, children benefit from having employed parents as both providers and role models, and the stability and well-being of families is enhanced by economic independence and self-sufficiency; and
WHEREAS, self-supporting and economically independent families serve the best interests of the community and the success of businesses, both large and small, rests on the availability of a competent and dependable workforce; and WHEREAS the future of our community and country depends upon stable family units and a strong workforce.

NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in me, do hereby proclaim the month of September as Employment Month
and urge all citizens of the City of Coachella to join me in encouraging stabilization and a strong work force community.

IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 24
th day of
July 2024.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California

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Item 5.

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

MINUTES

CITY COUNCIL SPECIAL MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
June 25, 2024
5:00 PM –SPECIAL MEETING
In-Person Meeting
Location:

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Item 6.

Minutes City Council Special Meeting June 25, 2024

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CALL TO ORDER:

The Special Meeting of the City Council of the City of Coachella was called to order at 5:25 p.m. by Mayor Hernandez.

ROLL CALL:

Present: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Hernandez

Absent: Mayor Pro Tem Virgen, Councilmember Delgado, and City Clerk Zepeda Mayor Hernandez announced that Councilmembers Delgado and Mayor Pro Tem are excused from the meeting as they are in Washington DC.

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

City Attorney Carlos L. Campos led the Pledge of Allegiance.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

1. Adopt Resolution No. 2024-34 Approving Interim Expenditures Prior to Adoption of the Budget for Fiscal Year 2024-2025
Motion: To adopt Resolution No. 2024-34 Approving Interim Expenditures Prior to Adoption of the Budget for Fiscal Year 2024-2025
Made by: Mayor Hernandez
Seconded by: Councilmember Galarza
Approved: 3-0, Unanimous roll call vote:

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Item 6.

Minutes City Council Special Meeting June 25, 2024

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

None.

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 5:28 p.m.

Respectfully submitted,
____________________________________
Delia Granados
Deputy City Clerk

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Item 6.

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

MINUTES

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
July 10, 2024
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

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Item 7.

Minutes City Council Regular Meeting July 10, 2024

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CALL TO ORDER:

The Regular Meeting of the City Council of the City of Coachella was called to order at 6:14 p.m. by Mayor Hernandez.

ROLL CALL:

Councilmember Galarza will be late.

Present: Councilmember Dr. Figueroa, Councilmember Delgado, Councilmember Galarza, and Mayor Pro Ten Virgen, and Mayor Hernandez
City Clerk
City Treasurer (via Zoom)

Absent: None
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” Staff requested moving item no. 2 to 32A.

Mayor Pro Tem Virgen walked in at 6:16 p.m.

Motion: To approve the agenda with the modification.

Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Hernandez
Approved: 3-0, Unanimous roll call vote:

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

Steve Brown led the Pledge of Allegiance.

Councilmember Delgado stepped away at 6:16 p.m. and returned at 6:17 p.m.

PROCLAMATIONS/PRESENTATIONS/DIRECTION:

1. Zero Emission Vehicle Rideshare Program by the LEAP Institute

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Item 7.

Minutes City Council Regular Meeting July 10, 2024

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2. Capital Improvement Projects (CIP) Annual Summary
Item moved to 32A.

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.)

3. Regular Meeting Minutes of June 12, 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 Foundation

4. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of June 26, 2024, $3,157,442.05

5. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 and FY 2024-25 Expenditures as of July 10, 2024, $3,199,864.58

6. Investment Report – April 30, 2024

7. Investment Report – May 31, 2024

8. Amendment Number Three to the Reimbursement Agreement with the Coachella Valley Association of Governments and appropriate $44,691 from General Fund for Avenue 48 Arts and Music Line Project, City Project ST-140.

9. Authorize the purchase of Axis camera system upgrade phase 2 for the amount of $144,979.00

10. Adopt Resolution No. 2024-26, Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, November 5, 2024

11. Authorize the City Manager to execute a revised task order with DTA for On-Call Professional Planning Consultant Services for a Fiscal Analysis of the Existing Coachella Sphere of Influence.

12. Authorize issuance of facility use and special event permits to College of the Desert to host thirteen home games at Rancho Las Flores Park.

13. Authorize City Manager to approve the Notice of Completion for City Project No. LL-04, accept project as complete and direct City Clerk to record the Notice of Completion.

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Item 7.

Minutes City Council Regular Meeting July 10, 2024

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14. Approve Cooperative Agreement for El Grito Event between: the City of Coachella, Telemundo and Mexican Consulate in San Bernardino and approve operation of a beer garden at Rancho Las Flores Park for the 2024 El Grito Event.

15. Authorize the City Manager to execute the updated Agreement between the City of Coachella and the Sunline Transit Agency allowing advertisements on bus shelters within the City of Coachella to include advertisement for city events at no cost to the City.

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

17. Authorize City Manager to execute Agreement between the County of Riverside and City of Coachella for Household Hazardous Waste Collection Program.

18. Approve Resolution No. 2024-38 Authorizing the Application Submittal for the Fiscal Year 2023 Emergency Management Performance Grant (EMPG), in the amount of $12,173.

19. Authorize award of a professional services agreement to HV Entertainment, in the amount of $29,800, for the 2024 El Grito event.

20. Adopt Resolution No. 2024-25 Establishing Youth Advisory Commission Compensation

21. Authorize execution of Amendment No. 3 to West Coast Arborist Maintenance Agreement extending their term for one year and increasing compensation by $450,000.

22. Approve Amendment No 6 to the Coachella Valley Association of Governments (CVAG) Memorandum of Understanding for AB 2766 CVAG Member Jurisdictions

23. Construction Contract with Three Peaks Corporation in the amount of $272,272.00 plus 15% contingency for the Bagdouma Park Misc. Site Improvements, City Project Numbers P-30 & P-32.

24. Resolution No. 2024-23 Initiating Proceedings for the Levy and Collection of Assessments for Landscaping and Lighting District Maintenance District No. 1 through 40, Fiscal Year 2024/2025 Resolution No. 2024-22 Approving the Preliminary Engineer’s Report for Levy of Annual Assessments for Fiscal 2024/2025 for the City of Coachella Landscaping and Lighting Maintenance District No. 1 through 40 and Setting a Time and Place for the Public Hearing

25. Adopt Resolution No. 2024-36 Accepting and Approving the Recordation of a Deed Restriction with the State of California for the Bagdouma Park Swimming Pool Renovation Project and Authorize the City Manager to Execute the Deed Restriction

26. Adopt Resolution No. 2024-31 Approving American Rescue Plan Act Funds (ARPA) for the State and Local Fiscal Recovery Fund (SLFRF) Program for the Coachella Sanitary District Headworks Screening Improvements Project in the Amount of $800,000.

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Item 7.

Minutes City Council Regular Meeting July 10, 2024

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27. Adopt Resolution No. 2024-32 Approving American Rescue Plan Act Funds (ARPA) for the State and Local Fiscal Recovery Fund (SLFRF) Program for the Coachella Sanitary District Tyler Street Capacity Improvements Project in the Amount of $1,410,000.00
The council pulled item nos. 14 and 23 for discussion.

Motion: To approve the Consent Calendar.

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

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

28. Adopt Resolution No. 2024-29 Approve American Rescue Plan Act Funds (ARPA) for the State and Local Fiscal Recovery Fund (SLFRF) Program for the Fire Station Remodel Project in the amount of $300,000.

Mayor Hernandez stepped away at 6:50 p.m. and returned at 6:56 p.m. after vote.

Motion: To approve the Consent Calendar.

Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Delgado
Approved: 3-0, Unanimous roll call vote:

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

29. Resolution No. 2024-27, a Resolution of the City Council of the City Of Coachella, Adopting an Annual Budget And Organizational Structure for Fiscal Year 2024-2025 Councilmember Galarza arrived at 7:10 p.m.

30. Resolution No. FD-2024-03, Approving the Fiscal Year 2024-2025 for the Coachella Fire Protection District Annual Budget

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Item 7.

Minutes City Council Regular Meeting July 10, 2024

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31. Resolution No. SD-2024-03, Approving the Fiscal Year 2024-2025 Coachella Sanitary District Annual Budget

32. Adopt Resolution No. WA-2024-02, Approving the Fiscal Year 2024-2025 Coachella Water Authority Annual Budget

32. A Capital Improvement Projects (CIP) Annual Summary Motion: To approve item nos. 29 - 32A.

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

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

33. Public Hearing and Adoption of Resolution No. 2024-30 Affirming the Solid Waste Rates for Fiscal Year 2024/2025 and Authorizing the Collection of Residential Solid Waste Service Charges for Fiscal Year 2024/2025 on the County of Riverside’s Property Tax Roll.

The public hearing was opened at 7:35 pm and closed at 7:37 pm with no public comments.

Motion: To approve Resolution No. 2024-30.

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

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

34. Coachella Valley Event Center Adoption of Resolution No. 2024-37 Approving Entertainment Permit No. 22-04 for the Coachella Valley Event Center, an entertainment venue located on a 20-acre site at 46600 Tyler Street (APN# 603-130-001). Applicant: Edwart Rostamian (Continuance to July 24, 2024 Recommended)
Staff informed the Council that they are requesting continuance of this item.

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Item 7.

Minutes City Council Regular Meeting July 10, 2024

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The public hearing was opened at 7:36 p.m. with no public comments and will remain open.

Motion: To continue the public hearing on item 34 to July 24, 2024 meeting per staff recommendation Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Virgen
Approved: 5-0, Unanimous roll call vote:

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

None.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

Mayor Pro Tem Virgen stepped away at 7:51 p.m. and returned at 7:53 p.m.

Councilmember Galarza stepped away at 7:53 p.m. for remainder of the meeting.

Councilmember Delgado stepped away at 7:57 p.m. for the remainder of the meeting.

City Manager’s Comments.

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Item 7.

Minutes City Council Regular Meeting July 10, 2024

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ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 8:01 p.m.

Respectfully submitted,
____________________________________
Angela Zepeda
City Clerk

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CITY OF COACHELLA
53-990 ENTERPRISE WAY
COACHELLA, CA 92236

CODE ENFORCEMENT, ABANDONED VEHICLE

ABATEMENT, GRAFFITI, PARK RANGERS
& ANIMAL CONTROL

QUARTERLY REPORT
Prepared By:

Jessica Navarro & Rene Rosales
April 1st, 2024 to
June 30, 2024 Page 44
Item 9.

Code Enforcement Summary Report
Report Criteria:

Status
Assigned
To
Census
Tract Violation Initiation Open Date Range
Follow up Date
Range
Close Date
Range
All All All All From 04/01/2024 To
06/30/2024 From To From To
CE Totals
Total Closed Cases Open Cases
Totals 170 98 72
CE Cases by Violation
Violation
Total
Violations
Closed
Violations
Open
Violations
2 1 1

10.08.060 - Working on parked vehicles 1 1 0

10.20.010(18)Abandoned/Inoperable/Dismantled vehicle(s). 16 7 9

12.12.050 - Duty to maintain sidewalks. 1 0 1

12.16.030 - Permit required/CURB CUTS AND DRIVEWAYS 0 0 0

12.42.030 - Unlawful camping. 6 5 1

12.42.040 - Storage of personal property on public property. 3 3 0

12.50.100 Penalties. (B) Vending without a sidewalk vending permit 6 5 1

13.03.044 Wasting water prohibited. 1 0 1

13.03.208 - Access to water meter. 1 1 0

13.03.306 Expiration or Extension of Permit 0 0 0

15.04.020 (A) Concrete Flat Work, Shades & Storage Containers 3 2 1

15.44.010 Building Numbering/Required 2 0 2

15.60.010 Building Permit Required 17 7 10

15.60.050 - Substandard buildings and housing. 3 1 2

15.66.010 Seizmic Hazard Mitiagtion 0 0 0

17.16.020 - Permitted uses. 0 0 0

17.16.030(C)(5)-Property development standards. Walls/Fences 0 0 0

17.48.020 Display of merchandised out of doors. 0 0 0

17.54.010 (N)(2) Parking and Storage in Residential Zones. 23 15 8

17.54.010.(N)(3) 0 0 0

17.54.020 - Permitting of certain garage conversions to residential living space ("garage conversions"). 1 0 1

17.56.010(J)(2)(B) - Signs 2 2 0

17.58.010 - Home occupations 1 0 1

17.60.010 (F)(4) Accessory structures 0 0 0

17.60.010 (G) - Trailers Outside Camps 0 0 0

17.60.010 - Property development standards. (Fence) 2 1 1

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Item 9.

17.60.010 Property Development Standards 9D)(3)(a) Yards 0 0 0

17.60.010(3)(e) Development Standards 0 0 0

17.74.010 (D)(3) Conditional Uses 0 0 0

17.84 Medical Cannabis Dispensaries. 0 0 0

17.84 Medical Cannabis Dispensaries. 17.84.030 - Prohibited activities. 0 0 0

17.84 Medical Cannabis Dispensaries. 17.84.040 - Prohibited activities declared a public nuisance. 0 0 0

17.84 Medical Cannabis Dispensaries. 17.84.050 Penalties for Violations 0 0 0

2.08.060 (A) - Political sign regulations. 0 0 0

2.08.060 (B) - Political sign regulations 0 0 0

2.08.060 (C) - Political sign regulations 0 0 0

2.08.060 (D) - Political sign regulations 0 0 0

2.08.060 (E) - Political sign regulations 0 0 0

3.10.010 (D) (16) Visibility Hazard 0 0 0

3.10.010 (D) (27) Public Burning 0 0 0

3.10.010 (D)(10) Termites, Insects, Vermin or Rodents. 2 0 2

3.10.010 (D)(12) Abandon or Vacated Building/Structure 2 2 0

3.10.010 (D)(13) Offensive Odors 2 1 1

3.10.010 (D)(15) Hazardous Substances and Waste 1 0 1

3.10.010 (D)(18) 0 0 0

3.10.010 (D)(19) 0 0 0

3.10.010 (D)(20) Swmng Pools, Ponds and Other Bodies of Wtr. 0 0 0

3.10.010 (D)(23)Public Nuisances/Safety Hazard 9 4 5

3.10.010 (D)(24) Disruptive Activities 3 2 1

3.10.010 (D)(25) Land Use Entitlements. 0 0 0

3.10.010 (D)(3) Weeds 0 0 0

3.10.010 (D)(31) Animal Manure 0 0 0

3.10.010 (D)(36) Signs 0 0 0

3.10.010 (D)(38) - Maintenance and abatement of nuisances. 3 1 2

3.10.010 (D)(4) - Trees and Shrubs 5 1 4

3.10.010 (D)(44)Public Nuisances/Rubbish, Refuse and Dirt 15 4 11

3.10.010 (D)(8) -Maintenance of Private Driveways 0 0 0

3.10.010(35) Water Disp[osal 0 0 0

3.10.010(D)(11)-Sewage. 0 0 0

3.10.010(D)(15)-Hazardous Substances and Waste. 2 1 1

3.10.010(D)(16)-Visibility Hazard. 1 1 0

3.10.010(D)(19)-Visual Blight 19 4 15

3.10.010(D)(20)-Swmng Pools, Ponds and Other Bodies of Wtr. 0 0 0

3.10.010(D)(21)-Public Toilets. 0 0 0

3.10.010(D)(22)-Privies. 0 0 0

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3.10.010(D)(25)-Land Use Entitlements. 1 1 0

3.10.010(D)(27)-Public Burning. 0 0 0

3.10.010(D)(28)-Air Pollution. 0 0 0

3.10.010(D)(29) Mosquito Breeding Places. 0 0 0

3.10.010(D)(30)Discharge of Sewage 1 1 0

3.10.010(D)(31)-Animal Manure 0 0 0

3.10.010(D)(32)-Hauling of Offensive Substances 0 0 0

3.10.010(D)(33)-Clothes Lines. 0 0 0

3.10.010(D)(34)Stormwater Drainage 0 0 0

3.10.010(D)(35)-Water Disposal. 0 0 0

3.10.010(D)(36)-Signs. 2 2 0

3.10.010(D)(37)-Encroachment. 1 0 1

3.10.010(D)(38)-Municipal Code Violations. 4 3 1

3.10.010(D)(39)-California Civil Code. 0 0 0

3.10.010(D)(40)-California Red Light Abatement Act. 0 0 0

3.10.010(D)(41)-California Drug Abatement Act. 0 0 0

3.10.010(D)(42)-State Housing Law. 0 0 0

3.10.010(D)(43)-Weed Abatement. 0 0 0

3.10.010(D)(6)Parking on Yard Off Driveway 20 16 4

3.10.010(D)(7) Occupied Vehicles 6 3 3

3.16.090 - Failure to comply with notice of violation. 15 5 10

5.80.100 - Operational requirements and performance standards established. (Short Term Rentals) 0 0 0

7.04.040 - Prohibited noise generally. 4 2 2

8.20.040(C)Dust Control requirements 1 1 0

8.44.010 - Collection by city or agent only. 0 0 0

8.44.070 Commercial Garbage Collection and Disposal 0 0 0

8.48.030 (B)Graffiti Prohibted 3 0 3

8.60 - REGISTRATION AND MAINTENANCE OF ABANDONED
PROPERTIES 0 0 0

8.60.040 Registration of Abandoned Property 0 0 0

8.60.050 - Abandoned Property Maintenance requirements. 0 0 0

8.60.060 - Security requirements 0 0 0

8.64.050 - Vacant Property Maintenance Requirements 0 0 0 Abandoned/Inoperable/Dismantled vehicle(s) 0 0 0
Business License Required 3 1 2
Business Subject to Miscellaneous Tax Rates/Transportation, Trucking and Towing 0 0 0
CFC 10.206(a)-(b) Obstruction 0 0 0
CFC 10.206(b)-Hydrant,(c) Red curb-15' each side 0 0 0
CFC 10.207(1)-Fire Apparatus Access Roads,(a) Red curb on signs 0 0 0

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CFC 10.207-Fire Apparatus Access Roads.(b) Obstruction 0 0 0 CFC 10.208(a)-Premises Identification, 0 0 0
CFC 10.301(a)-Fire Extinguishers,(a) Minimum 2A10BC 0 0 0 CFC 10.301(a)-Fire Extinguishers,(e) Commercial kitchen 40BC. 0 0 0 CFC 10.302(a)-Fire Extinguishers,(b) Servicing due 0 0 0 CFC 10.313(b)-Hood and Duct Systems,(b) Proper nozzle position, caps, coverage
0 0 0
CFC 10.313(c)-Hood and Duct Systems,(c) Automatic gas/electric shut off 0 0 0 CFC 10.313(e) 0 0 0
CFC 10.313(e)-Hood and Duct Systems,(d) Fuseable links, cables, conduits 0 0 0
CFC 10.401 0 0 0
CFC 10.401-Walls and Ceilings,(a) Holes sealed 0 0 0
CFC 10.402(a)-Exits,(e) Maintain fire rated doors, windows, dampers, and hardware 0 0 0
CFC 11.201(b)-General Housekeeping,(a) Rubbish/trash buildup 2 1 1 CFC 11.203(b)-General Housekeeping,(d) Storage not within 24" of ceiling 0 0 0
CFC 11.203(c)-General Housekeeping,(g) Storage in boiler, mech., elect. panel rooms prohibited 0 0 0
CFC 11.205(a)-General Housekeeping,(h) Candles used in approved manner
0 0 0
CFC 12.103(a)-Exits,(d) Exit obstruction 0 0 0
CFC 12.106(c)-General Housekeeping,(e) Storage under stairs prohibited 0 0 0 CFC 12.203(a)-Occupant Limit/Sign,(a) Occupant load sign(s) posted 0 0 0 CFC 12.207-General Housekeeping,Storage in attic space prohibited 0 0 0 CFC 13.103-Occupant Limit/Sign,(b) Required NO SMOKING signs 0 0 0 CFC 74.107(a) 0 0 0
CFC 79-201(e)-Flammable Liquids -(a) Approved safety cans under 10 gal. 0 0 0
CFC 79.107-Flammable Liquids,(c) Legible labeling 0 0 0 CFC 79.201(e)-Flammable Liquids,(b) Approved cabinet exceeding 10 gal. 0 0 0 CFC 85.104 (c)-Electrical,(c) Abatement of electrical hazards 1 0 1 CFC 85.104 (f)-Electrical,(f) Cover open space in circuit breaker panel 0 0 0 CFC 85.106-Electrical,(d) Exten. cords not allowed as permanent wiring 3 1 2 CFC 85.107-Electrical,(a) Zip cords/cube adapters not allowed 0 0 0 CFC 85.108-Electrical,(b) Min. 30" clear access to circuit breaker 0 0 0 CFC Stand. No. 10-1-6.9-Fire Extinguishers,(c) Mounted 3-5 feet from floor 0 0 0
CFC Standard No. 10-1-6.5-Fire Extinguishers,(d) Obstruction 0 0 0 Display of merchandise out of Door 0 0 0
Garbage Containers Page 48 23 15 8
Item 9.

Illegal Dumping 0 0 0
Illegal, Nonconform. Building or Structure(s) 3 0 3
Manner of Parking /Parallel Parking 1 1 0
Manner of Parking/Angle Parking 0 0 0
Manner of Parking/Commercial Vehicles Prohibited from Parking on Private Property and Public Rights-of-Ways 3 2 1
NEC 380-9 Electrical, (e) Outlet faceplates/covers in place 0 0 0 NFPA 13-4-2.5.1 Automatic Fire Sprinklers Systems,(c) 18" clearance below heads 0 0 0
Parking on yard/off driveway 8 4 4
Parking Requirements/General Provisions 0 0 0
Parking Requirements/Surface of Parking Area 0 0 0
Permit for Outdoor Advertising Signs 0 0 0
Prkg. Lot Striping/Handicap Markings 0 0 0
Prohibited Stopping, Standing or Parking/On a Crosswalk 1 0 1 Prohibited Stopping, Standing or Parking/Within an Intersection 0 0 0 Property Development Standards/Maintenance 0 0 0
Public Nuisances / Animals 8 5 3
Public Nuisances / Attractive Nuisances 4 4 0
Public Nuisances / Fire Hazard 4 1 3
Public Nuisances / Landscaping 18 9 9
Public Nuisances / Trees and Shrubs 5 3 2
Service Stations/Intent and Purpose 0 0 0
Service Stations/Landscaping 2 2 0
Service Stations/Parking 0 0 0
Set up Temporary Sales Location 0 0 0
Signs-All signs and sign programs shall be subject to review and approval 0 0 0 Special Event/Sales Permit Required 0 0 0
Special Event/Sales Signs 0 0 0
Stopping, Standing and Parking/Public or Private Driveway 0 0 0 Stopping, Standing or Parking/Sidewalk 4 2 2
Termites, Insects, Vermin or Rodents 0 0 0
Termites, Insects, Vermin or Rodents 0 0 0
Title 19, Subchapter 5-Hood and Duct Systems,(a)Serviced within 6 months 0 0 0
Trimming palm trees--Required 1 1 0
UBC 3304(c)-"This Door To Remain Unlocked During Business Hours" 0 0 0 UBC 3313(b)-(f) Emergency lighting operable 0 0 0
UBC 3314(c)-(b) Illuminated EXIT sign operable 0 0 0
UBC 3315(b)-(c) 44' clear access aisle width to exits 0 0 0 Page 49 Item 9.

UMC 504(a)-General Housekeeping,(c) 36" clearance around water heater 0 0 0
Weed Abatement 5 2 3
Totals 312 160 152

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Abandoned Vehicles Summary Report
Report Criteria:

Status
Assigned
To
Census
Tract Violation Initiation Open Date Range
Follow up Date
Range
Close Date
Range
All All All All From 04/01/2024 To
06/30/2024 From To From To
AVA Totals
Total Closed Cases Open Cases
Totals 66 65 1
AVA Cases by Violation
Violation Total Violations Closed Violations Open Violations Abandoned Vehicle 66 65 1
Totals 66 65 1

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Commercial Center Clean Up Updates:

Smart & Final Compliance
Plaza del Sol On-going
Auto Zone Compliance
Walmart Compliance
Family Dollar On-going
Verde Valle Plaza On-going
El Valle Auto On-going
AM/PM On-going
Food 4 Less On-going
KFC On-going
Family Furniture On-going
Victory Liquor/Dollar Tree Compliance
CVS Pharmacy On-going
Center for Employment Training Compliance
Valley Market On-going
Formerly “Fresh n Easy” On-going
Plaza de Oro On-going
Silvia Chapa Shopping Center On-going
Carl’s Jr Compliance
La Mango On-going
Graffiti Abatement Summary Report
April 1, 2024 to June 30, 2024
Paint Gallons Used 75
Paint Gallons Purchased 32
Graffiti Cover ups 270
Pressure washing Sq. Ft. 830
Mural Sealant 0

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Park Ranger Summary Report
April 1, 2024 to June 30, 2024
Unsheltered
Contacts:

Park
Vandalism:

Street Sweeper
cites:

Park League
Issues:

April 398 2 868 5
May 322 0 755 3
June 220 1 621 2
Riverside County Animal Control:

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County of Riverside
Department of Animal Services
Coachella City Quarterly Report for 4th Quarter Field Service Field Services Impound Statistics Jun-24 QTR 4/1/2024 - 6/30/2024) Field Services Activities Jun-24 QTR 4/1/2024 - 6/30/2024) Total Canines Impounded 35 86 Number of Requests for Service 60 216 Owner Turn-Ins 3 3 Number of Animal Bite Calls 3 13
Stray 30 76
Dead on Arrival 2 7 Number of sick/injured animal calls 8 31 Total Felines Impounded 79 210 Vicious Animal (imminent danger) 5 21 Owner Turn-Ins 0 0 Cruelty/Neglect Calls 11 19
Stray 71 175
Dead on Arrival 8 35 Total Citations 3 14
Total Other Animals Impounded 1 4 Total Licenses 39 112 Owner Turn-Ins 0 0 Number of Nuisance animal Complaints 0 0 Stray 1 2
Dead on Arrival 0 2
compiled on: 7/16/2024 as of 7/16/2024 11:32 AM Page 54 Item 9.

City of Coachella Building Activity Report
APRIL 2024
Permits Current Month Past Month This Month Last
Year
This Year to
Date
Last Year to Date
Res. Solar Panels 10 6 33 47 118
Misc. Building Permits 38 56 47 186 166
Residential Additions/Ga 4 7 6 20 66
Single Family Dwellings 0 0 15 4 63
Commercial Bldgs. 0 0 0 0 1
Commercial Ten. Improv 1 0 1 4 3
Multi- Family Units 0 0 0 0 0
Plan Check 0 0 0 0 0
TOTALS 53 69 102 261 384
Revenue Fees
Building Fees $26,387.15 $14,530.50 $57,060.20 $87,243.65 $246,601.07 Dev. Impact Fees $0.00 $0.00 $247,262.67 $65,823.74 $1,064,270.50 Sewer &Water Fees $0.00 $0.00 $130,082.30 $34,688.72 $576,878.28 Misc. (TUMF, MSF, FIRE) $0.00 $0.00 $38,250.00 $10,960.00 $177,914.00 Plan Check $8,668.00 $8,212.00 $19,261.30 $40,038.50 $78,472.80 Cert of Occupancy $0.00 $0.00 $3,840.00 $1,024.00 $16,384.00 SB1473 $169.00 $76.00 $326.00 $499.00 $1,204.00
TOTALS $35,224.15 $22,818.50 $496,082.47 $240,277.61 $2,161,724.65 1% Construction Tax $0.00 $0.00 $56,928.30 $14,729.00 $187,158.03 Strong Motion Instr. $592.99 $105.94 $950.71 $1,329.04 $3,387.11 TOTALS $592.99 $105.94 $57,879.01 $16,058.04 $190,545.14 Valuations $3,532,870.00 $885,900.00 $7,239,099.00 $8,790,676.00 $26,576,470.95 Inspections
General 272 331 595 1284 1950
Final Single Family 2 7 23 53 58
Final Multi Family 0 0 0 1 0
Final Commercial 2 3 1 9 2
Final Miscellaneous 28 50 40 155 165
Final Solar 3 22 52 76 162
Code Enforcement Insp. 37 1 12 39 79
TOTALS 344 414 723 1617 2416
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9545
Submitted by:

Rosa Vasquez
Development Services Technician

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City of Coachella Building Activity Report
MAY 2024
Permits Current Month Past Month This Month Last
Year
This Year to
Date
Last Year to Date
Res. Solar Panels 27 10 40 47 158
Misc. Building Permits 27 38 59 186 225
Residential Additions/Ga 14 4 13 20 79
Single Family Dwellings 0 0 18 4 81
Commercial Bldgs. 0 0 1 0 2
Commercial Ten. Improv 1 1 1 4 4
Multi- Family Units 0 0 0 0 0
Plan Check 0 0 0 0 0
TOTALS 69 53 132 261 516
Revenue Fees
Building Fees $19,428.50 $26,387.15 $73,805.00 $106,672.15 $320,406.07 Dev. Impact Fees $0.00 $0.00 $290,217.21 $65,823.74 $1,354,487.71 Sewer &Water Fees $0.00 $0.00 $158,858.99 $34,688.72 $735,737.27 Misc. (TUMF, MSF, FIRE) $0.00 $0.00 $46,178.72 $10,960.00 $224,092.72 Plan Check $13,693.00 $8,668.00 $23,885.00 $53,731.50 $102,357.80 Cert of Occupancy $0.00 $0.00 $4,864.00 $1,024.00 $21,248.00 SB1473 $90.80 $169.00 $287.20 $589.80 $1,491.20
TOTALS $33,212.30 $35,224.15 $598,096.12 $273,489.91 $2,759,820.77 1% Construction Tax $0.00 $0.00 $40,029.00 $14,729.00 $227,187.03 Strong Motion Instr. $199.75 $592.99 $677.76 $1,528.79 $4,064.87 TOTALS $199.75 $592.99 $40,706.76 $16,257.79 $231,251.90 Valuations $1,598,875.00 $3,532,870.00 $5,833,337.00 $10,389,551.00 $32,409,807.95 Inspections
General 309 272 889 1593 2839
Final Single Family 10 2 17 63 75
Final Multi Family 0 0 0 1 0
Final Commercial 2 2 1 11 3
Final Miscellaneous 45 28 72 200 237
Final Solar 1 3 35 77 197
Code Enforcement Insp. 15 37 12 54 91
TOTALS 282 344 1026 1999 3442
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9545
Submitted by:

Rosa Vasquez
Development Services Technician

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Item 9.

City of Coachella Building Activity Report
JUNE 2024
Permits Current Month Past Month This Month Last
Year
This Year to
Date
Last Year to Date
Res. Solar Panels 17 27 26 47 184
Misc. Building Permits 46 27 54 186 279
Residential Additions/Ga 9 14 9 20 88
Single Family Dwellings 0 0 0 4 81
Commercial Bldgs. 0 0 0 0 2
Commercial Ten. Improv 1 1 0 4 4
Multi- Family Units 0 0 108 0 108
Plan Check 0 0 0 0 0
TOTALS 73 69 197 261 713
Revenue Fees
Building Fees $21,490.50 $19,428.50 $22,265.00 $128,162.65 $342,671.07 Dev. Impact Fees $0.00 $0.00 $807,965.60 $65,823.74 $2,162,453.31 Sewer &Water Fees $6,505.12 $0.00 $555,650.14 $41,193.84 $1,291,387.41 Misc. (TUMF, MSF, FIRE) $0.00 $0.00 $28,751.20 $10,960.00 $252,843.92 Plan Check $12,570.00 $13,693.00 $13,516.00 $66,301.50 $115,873.80 Cert of Occupancy $0.00 $0.00 $27,904.00 $1,024.00 $49,152.00 SB1473 $132.00 $90.80 $668.00 $721.80 $2,159.20
TOTALS $40,697.62 $33,212.30 $1,456,719.94 $314,187.53 $4,216,540.71 1% Construction Tax $0.00 $0.00 $141,591.72 $14,729.00 $368,778.75 Strong Motion Instr. $373.21 $199.75 $4,114.29 $1,902.00 $8,179.16 TOTALS $373.21 $199.75 $145,706.01 $16,631.00 $376,957.91 Valuations $2,265,618.00 $1,598,875.00 $31,567,291.00 $12,655,169.00 $63,977,098.95 Inspections
General 249 309 649 1842 3488
Final Single Family 11 10 2 74 77
Final Multi Family 0 0 0 1 0
Final Commercial 1 2 1 12 4
Final Miscellaneous 31 45 50 231 287
Final Solar 1 1 16 78 213
Code Enforcement Insp. 15 15 9 69 100
TOTALS 282 727 2307 4169
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9545
Submitted by:

Rosa Vasquez
Development Services Technician

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Utilities Department
Memorandum
TO: Gabriel D. Martin, City Manager

FROM: Cástulo R. Estrada, Utilities Manager
DATE: July 18, 2024
SUBJECT: Quarterly Activity Report (April 2024 to June 2024) Coachella Water Authority:

The Utilities Department Water Authority Division provides water pumping, treatment, and distribution services to more than 8,900 service connections citywide that include residential, commercial, and industrial users. The City has three (3) Storage Reservoirs of more than 10 million gallons of capacity with six (6) operating wells that provides more than 8,000 acre-feet of annual water production. This division is responsible for a variety of tasks including meter reading, repairs, pumping, production, treatment, main and distribution repairs, water quality complaints, service connections/disconnections, and capital improvements along with other assigned duties.

Coachella Water Authority Production and Distribution Highlights Description Value
Total -Water Production (April to June) (MG) 722.9
Chlorine Consumption (Gallons) 1320
Water Quality complaints 2
Monthly Samples Collected (Distribution System) 160
Quarterly Wells sampled 6
Valves Exercised 57
Valves Repaired/Replaced 3
Underground Service Alerts 40
Hydrants Flushed/Serviced 45
Standby Service Calls 34
Water Service Leaks 41
Main Leaks 1
Non responsive meters Cycle one 492
Non responsive meters Cycle two 627
Meter Replacements 55
Hydrant replacements 3
Delinquency Turn Off’s 71
Well Depths Monitored – 12/2023
Well No. 10 Depth (feet,) SWL 30.9 ft.

Well No. 11 Depth (feet,) SWL 60 ft.

Well No. 12 Depth (feet, ) SWL 62 ft.

Well No. 16 Depth (feet, ) SWL 39 ft.

Well No. 17 Depth (feet, ) PWL 93.4 ft.

Well No. 18 Depth (feet,) SWL 66 ft.

Well No. 19 Depth (feet,) PWL 132 ft.

Annual Production
2024 Total current production JAN to JUN (MG) 1187.6
2023 Annual (MG) 2484.5

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Item 9.

Coachella Sanitary District:

The Utilities Department, Sanitary Division, provides for all the collection, treatment, and disposal of residential, commercial, and industrial wastewater for the more than 9,000 service connections within the City and more than 400,000 lineal feet of sewer collection system (100miles) 4-inches to 54-inches, Two (2) sewage pump stations, and over 1,600 manholes.

For the 4th Quarter of April, May, & June 2024. A total of 279.432 MG of wastewater was received at the Wastewater Plant. With an average daily flow of 3.070 MGD. The Plant treated a total of 249.857 MG. A total of 204 samples were collected at the Plant for monitoring.

Water Reclamation Facility – 87075 Avenue 54th
Description Value
Total Influent per month (MG) 93.14
Influent Ave. Daily Flow (MGD) 3.070
Total Effluent per month (MG) 83.285
Effluent Ave. Daily Flow (MGD) 2.745
Plant Permitted Capacity (MGD) 4.5
Operational Upsets None
Permit Violations 0
Hypochlorite consumption (Gallon) 11,089
Sodium Bisulfite consumption (Gallon) 4,826
Odor complaints 0
Samples collected this quarter (Plant)- 204
Stand-By Calls 11
State Report completed/submitted Yes
Collection System & Pump Stations Highlights
Description Value
Underground Service Alert 287
Collection System Cleaning (feet) 59,728
Manhole Inspection/Cleaning 87
Collection System Spills 0
Collection System Blockages None
Stand-By Calls 6
Collection System CCTV Inspection (feet) 0
Samples Collected (Field) None
Pump Station Alarms 3
Wet Well Cleaning 1
Wet Well
Inspections
51

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Item 9.

Environmental Division:

The Environmental/Regulatory Division of the Utilities Department is responsible for areas relating directly to water, wastewater, storm water, and air quality protection. Initial focus is aimed at the National Pollutant Discharge Elimination System (NPDES), Industrial Wastewater Pretreatment Program (Source Control), and Fats, Oils & Grease (FOG) Program. These programs provide auditing, permitting, monitoring, and enforcement of our local City Ordinance. The following report details activities for the previous quarter:
• Attended weekly and/or monthly meetings with Desert Task Force (DTF), Coachella Valley Salt & Nutrient Management Plan (CV-SNMP), Sustainable Groundwater Management Act (SGMA), Coachella Valley Regional Water Management Group (CVRWMG), and Riverside County Flood Control (RCFC)
• Reviewed and approved Industrial Wastewater Discharge Permits • Performed 75 Industrial facilities and food service establishment Inspections • Enforced 10 violations into compliance
• Assist Development Services in reviewing plans pertaining to the Environmental Division • Ensured Hazardous waste are stored properly and scheduled for disposal • Monitor storm water outfalls discharging to the Coachella Valley Storm Channel (CVSC) • Created CWA Lead Service Line Inventory Work Plan required by SWRCB-DDW

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COACHELLA CITY FIRE DEPARTMENT

COACHELLA CITY

FIRE DEPARTMENT
MID YEAR ROPORT JULY 2006

I N S I D E T H I S I S S U E

1. 2.

Personnel Assignments
Response Reports

3. Administration Reports

COACHELLA CITY

FIRE DEPARTMENT
QUARTERLY REPORT APRIL – JUNE 2024

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COACHELLA CITY FIRE DEPARTMENT

ADMINISTRATION
1377 SIXTH STREET
COACHELLA, CA 92236
(760) 398-8895

1. Division Chief – Richard Tovar

2. Battalion Chief – Justin Karp

3. Battalion Chief – Vacant

4. Administrative Assistant – Marisa Duran
STATION 79
1377 SIXTH STREET
COACHELLA, CA 92236
(760) 398-8895

Engine Company 79

1. Fire Captain – Johnny Garcia

2. Fire Captain – Rodrigo Vega

3. Fire Captain – Anthony Rosales

4. Fire Apparatus Engineer – Tommy Lemus

5. Firefighter Apparatus Engineer/Paramedic – Damian Sianez

6. Firefighter II/Paramedic – Tony Ippolito

7. Firefighter II/Paramedic – Daniel Lucido

8. Firefighter II/Paramedic – Matthew Rosenberger

Y E A R E N D R E S P O N S E R E P O R T
A P R I L 1 , 2 0 2 4 – J U N E 3 0 , 2 0 2 4

A P R I L M A Y J U N E Y T D
( C I T Y O F

C O A C H E L L A )
S T R U C T U R E F I R E S 3 3 2 1 1
C O M M E R C I A L F I R E S 0 0 2 2
O T H E R F I R E S 1 1 1 4 1 6 8 0

R I N G I N G / F A L S E

A L A R M S
1 9 1 6 1 4 1 0 8
M E D I C A L I N C I D E N T S 1 8 9 2 2 2 2 2 2 1 , 2 2 9

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COACHELLA CITY FIRE DEPARTMENT
T R A F F I C C O L L I S I O N S 2 3 2 6 5 5 1 6 0
O T H E R I N C I D E N T S 9 1 4 1 0 5 8
T O T A L 2 5 4 2 9 5 3 0 1 1 , 6 4 8

R E S P O N S E TIM E S

A P R I L M A Y J U N E Y T D
( C I T Y O F

C O A C H E L L A

A V E R A G E R E S P O N S E

T I M E S ( M I N U T E S )
4 . 6 5 . 1 4 . 6 5 . 1
% O F C A L L S O N S C E N E
I N 5 M I N U T E S O R L E S S
7 1 % 6 8 % 6 7 % 6 6 %
Coachella Fire Department Response Totals
April - June 2024
Total of 850
Structure Fires - 1%
Commercial Fires - 0%
Other Fires - 5%
Ringing Alarms - 6%
Medical Incidents - 72%
Traffic Collisions - 11%
Other Incidents - 5%

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COACHELLA CITY FIRE DEPARTMENT

SIGNIFICANT EVENT
4/13/24 – Firefighters responded to a reported traffic collision cut and rescue at Van Buren Street and Avenue 51. The first arriving company officer reported two vehicles, one vehicle with major damage and 2 victims requiring extrication. Crews used specialized equipment, including the “Jaws of Life,” to initiate extrication. Both patients were transported to a local area trauma center for further treatment and evaluation.
4/26/24 – Fire Department resources were dispatched to a reported medical incident off the Interstate 10 and Coachella Canal. The patient was approximately one to two miles South of Interstate 10 in an unhoused encampment. Initially, firefighters were not able to access the patient via fire engine or ambulance. A request was placed for a helicopter and or utility vehicle (UTV) to assist with accessing the patient. As the additional resources were being dispatched, Firefighters hiked into the area to make patient contact and initiate advanced life support measures. Once the patient was stabilized, firefighters opted to carry the patient out to the awaiting ambulance. (See photos below)
5/8/24 – City firefighters responded to a reported possible natural gas or chlorine leak at Bobby Duke Middle School in the City of Coachella. Firefighters reported a large multi building educational facility with no evacuations at that time. Firefighters were able to coordinate with school faculty and gather all students stating they were experiencing symptoms of possible exposure. School Facility Maintenance secured the 24 classrooms that the leak potentially affected. All children were evaluated and a total of 18 students were transported with minor symptoms to local area hospitals. The Riverside County Hazardous Materials Team arrived on scene and were able to determine no leaks were detected in the classrooms. School property was turned over to the Gas Company to perform pressure tests to further insure no gas leaks on the property.
5/13/24 – Coachella Firefighters responded to a reported vegetation fire in the area of Grapefruit Boulevard and 6th Street. Fire crews reported a large spot of vegetation burning along the train

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Item 9.

COACHELLA CITY FIRE DEPARTMENT
tracks with a significant wind from the South. Due to the proximity of the fire and the railroad tracks, a hard closure of the railroad was initiated so firefighters could safely work on suppressing the fire. The closure was implemented for roughly 45 minutes before it was safe enough to have the trains pass at a reduced speed of 15mph. The fire was contained to half an acre of vegetation and miscellaneous refuse from transient encampments. 5/14/24/23 – Firefighters were dispatched to a reported vehicle versus pedestrian in the area of Avenue 52 and Dos Palmas Avenue in the City of Coachella. The first arriving Engine Company reported a single vehicle collided with a small off-road quad, being ridden by three juveniles. The three juveniles all sustained moderate to major injuries. One juvenile was transported by Mercy Air ambulance and the two additional patients were transported via ground ambulance to Desert Regional Medical Center.
6/6/24 – Multiple 911 reports of a commercial building on fire in the City of Coachella initiated a response to 85-400 Grapefruit Boulevard. The first arriving fire engine reported a large building with significant fire in the high piled cardboard boxes on the exterior of the building that was spreading quickly. A second alarm was started with equipment from several agencies responding. The fire, pushed by the wind and high fuel load, spread through this vegetable packing facilities pallets and boxes ultimately burning off the roof and crumpling walls.

Multiple large hoses were used to extinguish this fire including overhead Ariel streams. The runoff was tested by Environmental Health and no hazardous materials were found. High temperatures and heavy workload resulted in firefighter exhaustion. Ambulances transported ill firefighters to the local emergency rooms for evaluation. A formal firefighter rest and rehabilitation was set up with the Sun Bus contributing their resources as a cooling station.

Temperatures were expected to reach 109 degrees. Due to the unsafe and unstable building, firefighters extinguished from the exterior. Heavy equipment Backhoes and Dozer worked to spread the high piled storage out. Train tracks along the building’s perimeter have been affected by smoke and trains are being slowed for safety. Fire crews worked on the fire overnight to ensure all hot spots are extinguished. The fire cause is currently under investigation. (See photos below)

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Item 9.

COACHELLA CITY FIRE DEPARTMENT
6/11/24 – Firefighters were dispatched to a reported residential structure fire at 1558 3rd Street.

The first arriving engine company reported light smoke coming from the roof. Fire crews were able to extinguish the attic fire quickly and keep it from spreading to nearby properties. City of Coachella building and safety departments red tagged the building and a total of six residents

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Item 9.

COACHELLA CITY FIRE DEPARTMENT
were displaced. The American Red Cross was notified and provided assistance to the family.

Total Lost: $30,000.00 Total Saved: $350,000.00
6/13/24 – Firefighters responded to reports of a single vehicle roll over at the intersection of Grapefruit Boulevard and Avenue 49. The first arriving engine company reported a vehicle on its side, victims trapped with critical injuries. Crews utilized the Jaws of Life to free the trapped parties who were then transported by ambulance to a trauma center for further care. 6/16/24 – City of Coachella firefighters responded to a traffic collision at the intersection of Cesar Chavez Street and Avenue 54. Upon arrival firefighters reported a single vehicle collided with a light pole. Patient was extracted from the vehicle and was given advanced life support care. The injured party later succumbed to his injuries at an area hospital. 6/19/24 – Coachella Firefighters responded to a commercial structure fire at 46-165 Dillion Road. Discovered was a commercial car wash showing heavy smoke and visible fire. Upon making entry firefighters located the fire to an office space on the second story of the building.

Fire personnel were able to contain the fire to the building of origin with minimal damage to the main components of the car wash. Total Lost: $100,000.00 Total Saved: $500,000.00

COMMUNITY ACTIVITY
4/9/24 – Students from Peter Pendleton Elementary School had the opportunity to tour our newly remodeled Fire Station for the first time. (See photos below)

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COACHELLA CITY FIRE DEPARTMENT
4/25/24 – Many were in attendance for the Ribbon Cutting Ceremony of Fire Station #79. (See photos below)

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Item 9.

COACHELLA CITY FIRE DEPARTMENT Page 81
Item 9.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize execution of Amendment No. 1 to the Agreement for Emergency Services Coordinator Services between the County of Riverside and the City of Coachella.

STAFF RECOMMENDATION:

Authorize execution of Amendment No. 1 to the Agreement for Emergency Services Coordinator Services between the County of Riverside and the City of Coachella.

EXECUTIVE SUMMARY:

Prior to July 1, 2021, the County of Riverside has provided the City emergency support services through its Riverside County Fire Department (RCFD) agreement. As of July 1, 2021 the Emergency Management Services (EMS) was reorganized as a department administered within the County’s organization. The Emergency Management Department continues to offer direct Emergency Management Services to its city partners. The City entered into an agreement with the County for these services as of July 1, 2021. The term of the agreement ended on June 30, 2024.

The County continues to offer the same service options to its city partners: A, B, C, D.

Service Level A is the lowest service level offering some template document support and liaison assistance with the State in the response and recovery phase of an event; at an annual cost of $20,000. Service Level B builds upon the service Level A and also provides additional administrative planning support and guidance; at an annual cost of $45,000. Service Level C provides for a support at all levels, however does not complete staff reports/resolutions or departmental coordination; this service level has an annual cost of $80,000. Service Level D provides a full time position and will provide all of the noted services at an annual cost of $160,000.

During the original term of the agreement (July 2021 – June 2024) the city identified the service option C, which is a part-time equivalent Emergency Services Coordinator. As the city is anticipating the development and construction of its Coachella Community Resilience Center staff is recommending execution of the proposed Amendment No. 1 at a Service Level D, which is a full time equivalent Emergency Services Coordinator.

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Item 10.

FISCAL IMPACT:

The recommended approval of Service Level D will have an annual cost of $160,000. These expenses were approved in the FY 24/25 budget and a portion of these costs are anticipated to be reimbursed by the Strategic Growth Council Community Resilience Center grant funds once the grant agreement is executed.

Attachment:

Proposed Amendment No. 1

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Item 10.
1 Agreement No. EM-20-220-A1
AMENDMENT NO. 1 TO THE AGREEMENT FOR EMERGENCY SERVICES COORDINATOR

SERVICES BETWEEN THE COUNTY OF RIVERSIDE

AND THE CITY OF COACHELLA
This First Amendment to the Agreement (the "Amendment") is entered into by and between the County of Riverside ("County") and the City of Coachella ("City").

RECITALS
WHEREAS, COUNTY and CITY entered into the Agreement for Emergency Services Coordinator (ESC) Services, effective from July 1, 2021, through June 30, 2024; and WHEREAS, CITY now desires to renew the Agreement for an additional one-year term through June 30, 2025; and
WHEREAS, CITY now desires to change between the Level of Service options set forth in Exhibit B from Option C: 50% Dedicated to Option D: 100% Dedicated; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and CITY agree as follow:

1. The above recitals are true and correct and are incorporated herein by reference.

2. Section 1 of the Agreement is amended to extend the termination date from June 30, 2024, to June 30, 2025.

3. Section 1.1 of Exhibit B, Payment Provisions, shall be deleted in its entirety and replaced with the following:
"1.1 The following chart summarizes the annual rates to be charged by County for services pursuant to this Agreement (refer to Attachment 1 for details). The City's selected option is indicated:

Option
("X")
Item Description Quarter 1
Jul-Sept
Quarter 2
Oct-Dec
Quarter
3 JanMar
Quarter4
Apr-Jun
Total
Option A:

Base Services
$5,000 $5,000 $5,000 $5,000 $20,000
Option B:

ESC Services Shared
(City Pop< 50,000)
$11,250 $11,250 $11,250 $11,250 $45,000

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Item 10.
2 Agreement No. EM-20-220-A1
Option B:

ESC Services Shared
{City Pop> 50,000)
$16,250 $16,250 $16,250 $16,250 $65,000
X
(7/1/21 -
6/30/24)
Option C:
50% Dedicated
$20,000 $20,000 $20,000 $20,000 $80,000
X
(7/1/24 - 6/30/25)
Option D:
100% Dedicated
$40,000 $40,000 $40,000 $40,000 $160,000

4. Section 1.2 of Exhibit B, Payment Provisions, shall be amended to add the following sentence at the end of the section:
"1.2 The compensation payable to County for all services as set forth in this Agreement for the period commencing on or after July 1, 2024, and running through June 30, 2025, is one-hundred and sixty thousand dollars ($160,000)."

5. All other terms and conditions of the Agreement not modified herein shall remain unchanged and in effect. If any provisions of this Amendment or the Agreement shall be determined to be illegal or unenforceable, such determination shall not affect any other provision of the Agreement and all such other provisions shall remain in full force and effect. The language in all parts of the Agreement shall be construed according to its normal and usual meaning and not strictly for or against either party.

Signatures on following page

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Item 10.
3 Agreement No. EM-20-220-A1
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Amendment.

County of Riverside City of Coachella
By: _______________________ By: _______________________ Bruce Barton, Director Gabriel D. Martin, Ph.D,
Emergency Management Department City Manager
Dated: ____________________ Dated: _____________________ APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By:_______________________
Melissa R. Cushman
Deputy County Counsel

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Item 10.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Adopt Resolution No. 2024-42 declaring its intention to establish City of Coachella Community Facilities District No. 2024-1 (Public Services) and to authorize the levy of a special tax therein to finance certain services; setting public hearing date as September 11, 2024.

STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution No. 2024-42 declaring its intention to establish City of Coachella Community Facilities District No. 2024-1 (Public Services) (CFD 2024-1) and to authorize the levy of a special tax therein to finance certain services; setting a public hearing date as September 11, 2024.

BACKGROUND:

On March 13, 2024, the City Council of the City of Coachella approved Resolution No. 2024- 09, approving Final Tract Map No. 38557-1 (Sevilla II). The Project will consist of a 204-lot residential development. The project includes pedestrian sidewalks; landscaping; an approximate

1.0-acre recreational park area; an approximate 1.37-acre water retention basin; an approximate

0.23-acre dedicated future well site; monument signage; and street and utility improvements.

DISCUSSION/ANALYSIS:

The attached resolution will begin the proceedings to form Community Facilities District 2024- 1 (Public Services) (“CFD 2024-1”). The conditions of development of the Project requires it to be part of a CFD to provide funding to offset the increased cost of public services created due to new development for park maintenance, landscaping and lighting maintenance, drainage maintenance and street maintenance.

To fund the impact of new development on the City’s public services, staff recommends that the City Council consider establishing CFD 2024-1 (Public Services), a Mello-Roos Community Facilities District, by adopting a Resolution of Intent to form the district, with the intention that future development within the City of Coachella (the “City”) may annex into this district, at the City’s discretion. The special taxes collected from the property owners within the proposed CFD 2024-1 are to be used for the funding of park maintenance, landscaping and lighting maintenance,

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Item 11.
drainage maintenance and street maintenance required due to the development of the property within the proposed CFD 2024-1.

The Project proposed for inclusion in the CFD 2024-1 is owned by Pulte Home Company, LLC and is generally located west of Van Buren Street and south of Avenue 50. The Project currently includes the development of 204 single family residential parcels. The boundary of the annexation includes the area within assessor’s parcel numbers 779-280-002 and 779-320-001 as depicted on Exhibit A.

Development of these properties changes the characteristics of undeveloped land. The development of them will intensify the use of the properties, creating a need for more services within the City.

As part of the formation process, the City contracts with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the formation.

The Resolution of Intention is the first step in the process of forming CFD 2024-1. The resolution also establishes September 11, 2024 as the public hearing date for the final consideration of forming CFD 2024-1. Once the formation is complete, and the election results are at least twothirds approval, the property owners of the development will be required to pay annual special taxes for CFD 2024-1, beginning the fiscal year after they are issued a building permit, as itemized on their property tax bill, in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax.

FISCAL IMPACT:

The City expects to collect an annual special tax of $655 plus CPI per detached dwelling unit within CFD 2024-1, beginning the fiscal year after they are issued a building permit, as itemized on their property tax bill, in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax. CFD 2024-1 will result in a new annual special tax of $133,620 for 204 single family residential parcels, subject to annual inflationary adjustment, for the project.

Attachments:

Resolution No. 2024-42
- Exhibit A – Boundary Map
- Exhibit B - Rate and Method (CFD 2024-1)

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Item 11.

RESOLUTION NO. 2024 - 42

A RESOLUTION OF THE CITY COUNCIL OF COACHELLA DECLARING ITS

INTENTION TO ESTABLISH CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SERVICES) AND TO AUTHORIZE THE LEVY OF A

SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES
WHEREAS, the CITY COUNCIL of the CITY OF COACHELLA, CALIFORNIA (the “City Council”), has determined that it is necessary and desirable to create a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), as amended, for the purpose of financing park maintenance, landscaping and lighting maintenance, drainage maintenance and street maintenance; and WHEREAS, the Act authorizes the City Council to establish a community facilities district and to levy special taxes within the community facilities district; and

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

1. Recitals. The above recitals are all true and correct.

2. Initiation of Proceedings. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district pursuant to the provisions of the Act.

3. Name of CFD. The proposed community facilities district shall be known and designated as “City of Coachella Community Facilities District No. 2024-1 (Public Services)” (the “CFD”)

4. Boundaries of CFD. A description of the exterior boundaries of the territory proposed for inclusion in the CFD, including properties and parcels of land proposed to be subject to the levy of a special tax by the CFD, is as shown on the boundary map designated as “PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SERVICES),” which is on file in the office of the City Clerk and is attached hereto as Exhibit A and hereby incorporated by reference.

5. Description of Services. It is the intention of this City Council to finance certain services described below (the “Services”). The City Council hereby finds that the Services are in addition to those provided in the territory within the CFD prior to the establishment of the CFD and that such Services will not supplant services already available within that territory. A general description of the services to be provided is as follows:

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2 Landscaping and Lighting Maintenance: includes the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD.

Park Maintenance: includes the estimated and reasonable costs of providing public park maintenance for, within, or associated with the CFD, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services.

Drainage Maintenance: includes the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD.

Street Maintenance: includes the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD.

The cost of the Services shall include incidental expenses, including, but not limited to, the costs associated with forming the CFD, determination of the amount of the Special Taxes, collection of the Special Taxes, payment of the Special Taxes, and costs incurred in order to carry out the authorized purposes of the CFD.

All Services shall be provided by the City of Coachella, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Coachella.

Nothing in this description of Services or any Resolution of the City Council shall be construed as committing the City or the CFD to provide all of the authorized Services. The provision of Services shall be subject to the successful formation of the CFD and the availability of sufficient proceeds of special taxes within the CFD. The City may annually prioritize, at its discretion, the authorized Services that would be funded and the amount of the special tax proceeds that it will use for each Service.

6. Special Tax. It is hereby further proposed that, except where funds are otherwise available to pay for the Services, a special tax sufficient to pay for such Services and related

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Item 11.
3 incidental expenses authorized by the Act (the “Special Tax” or “Special Taxes”), secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the boundaries of the CFD. Under no circumstances will the Special Tax authorized to be levied within the CFD be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the CFD by more than 10 percent. For further particulars as to the rate and method of apportionment of the Special Tax proposed to be levied within the CFD, reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the rate and method of apportionment of the Special Tax among parcels of real property in the CFD (the “Rate and Method”) to allow each landowner or resident within the CFD to clearly estimate the maximum amount that such person will have to pay for such Services. The City Council hereby determines the Rate and Method set forth in Exhibit B to be reasonable.

The Special Taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes, or shall be collected in such other manner as may be provided by the City Council. Any Special Taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City’s Finance Director or duly appointed officer or agent of the City of Coachella, as appointed by the City Council.

7. Public Hearing. Notice is given that on September 11, 2024, at the hour of 6:00 p.m. (or as soon thereafter as practical), in the regular meeting place of the City Council being the City Hall Council Chambers, located at 1515 Sixth Street, Coachella CA 92236, a public hearing will be held where this City Council will consider the establishment of the proposed CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing any persons interested, including taxpayers, persons registered to vote within the CFD, and property owners, may appear and be heard. The testimony of all interested persons for or against the establishment of the CFD, the extent of the CFD, or the furnishing of the Services will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing.

If a written majority protest against the establishment of the CFD is filed (as determined in accordance with Section 53324 of the Act), the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the Special Tax, those services or that tax shall be eliminated by the City Council.

The public hearing may be continued from time to time, but shall be completed within 30 days, except that if the City Council finds that the complexity of the CFD or the need for

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Item 11.
4 public participation requires additional time, the public hearing may be continued from time to time for a period not to exceed 6 months.

At the public hearing, the City Council may modify this resolution by eliminating any of the Services, or by changing the method of apportionment of the special tax so as to reduce the maximum special tax for all or a portion of the owners of property within the CFD, or by removing any territory from the CFD. At the conclusion of the public hearing, the City Council may abandon these proceedings or may, after passing upon all protests, determine to proceed with establishing the CFD.

8. Election. If, following the public hearing described in Section 7 above, the City Council determines to establish the CFD and proposes to levy the Special Tax within the CFD, the City Council shall then submit the levy of the Special Taxes to the qualified electors of the CFD. The vote shall be by the landowners of the CFD with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the CFD.

The election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code, insofar as they may be applicable. Pursuant to said Section 53326 the ballots for the election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the special election shall be conducted as a mail ballot election.

A successful election relating to the Special Tax authorization shall, as applicable, establish the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to the CFD.

9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. In addition, notice of the time and place of said hearing shall also be given by first-class mail to each registered voter and to each landowner within the proposed CFD as prescribed by Section 53322.4 of said Act. Said notice shall be published at least seven (7) days [and mailed at least fifteen (15) days before the date of the hearing,] and shall contain the information required by said Section 53322 of the Act.

10. Exempt Properties. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes for the financing of the Services of the proposed CFD. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Taxes.

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Item 11.
5 11. Necessity. The City Council finds that the proposed Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed CFD.

12. Annexation of Territory. Other property may be annexed into the CFD pursuant to the provisions of the Act.

13. Public Interest. Pursuant to Section 53329.5(c) of the Act, the City Council finds, in its opinion, the public interest will not be served by allowing property owners in the CFD to enter into a contract pursuant to Section 53329.5(a) of the Act.

14. Advances. The City or CFD may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the CFD. The City or CFD may enter into an agreement with the person or entity advancing the funds or workin-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.

15. Reports. A report (the “CFD Report”) shall be prepared and presented to the City Council, containing a full and complete description of the public services proposed to be financed from the levy of special taxes, a general cost estimate setting forth costs of providing such services, and further information regarding the implementation of the rate and method of apportionment of the special tax proposed to be levied. The Report, upon its preparation, shall be submitted to the City Council for review, and the Report shall be made a part of the record of the public hearing.

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Item 11.
6 PASSED, APPROVED and ADOPTED this 24
th day of July, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of
Coachella
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
City of Coachella

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Item 11.

I hereby certify that the foregoing is a true and correct copy of a resolution, being Resolution No. 2024-42, duly passed and adopted at a meeting of the City Council of the City of Coachella, California, held on July 24 2024.
___________________________________
Delia Granados, Deputy City Clerk
City of Coachella
APPROVED AS TO FORM:
____________________________________
Carlos L. Campos, City Attorney
City of Coachella

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Item 11.

Resolution 2024- 42

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Exhibit A
City of Coachella Community Facilities District No. 2024-1 (Public Services)
Boundary Map

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Item 11.

Resolution 2024- 42

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Exhibit B
City of Coachella Community Facilities District No. 2024-1 (Public Services)
Rate and Method of Apportionment
A Special Tax of City of Coachella Community Facilities District No. 2024-1 (Public Services) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2024/25 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means the following actual or reasonably estimated costs incurred by the City as administrator of the CFD, provided that such costs are directly related to administration of the CFD: costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
“Affordable Housing” means for each Fiscal Year, any Residential Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost due to a regulatory agreement of no less than 15 years, restricting 100% of the Residential Unit(s) on the Assessor’s Parcel of Developed Property to be affordable to households that are extremely low to low income, as defined in Health and Safety Code Section 50079.5.

The City will have the authority to approve and establish policies regarding Affordable Housing and their status.
“Annual Escalation Factor” means the greater of (i) two percent (2%) or (ii) the Annual percentage increase in the Consumer Price Index for All Urban Consumers for RiversideSan Bernardino-Ontario, CA Area (not seasonally adjusted) as determined by the Bureau of Labor Statistics. If said index is discontinued, then an alternative index may be used as determined by the Special Tax Administrator.
“Assessor's Parcel” means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.

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Item 11.

Resolution 2024- 42

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“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
“Attached Residential” means an Assessor’s Parcel of Developed Property, which is not Affordable Housing Property, within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City’s discretion, consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied.
“Base Year” means Fiscal Year ending June 30, 2025.
“Building Permit” means a permit issued for new construction of a residential or nonresidential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy. “CFD” means City of Coachella Community Facilities District No. 2024-1 (Public Services).
“City” means the City of Coachella.
“City Clerk” means the City Clerk for the City or his or her designee. “Council” means the City Council of the City, acting as the legislative body of the CFD. “County” means the County of Riverside, California.
“Detached Residential” means an Assessors’ Parcel of Developed Property within the CFD, which is not Affordable Housing Property, for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Property” means, for Detached Residential, Attached Residential, or Affordable Housing Property, an Assessor’s Parcel within the CFD for which a Building Permit was issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or Building Square Footage, as applicable, per City or County records for that Assessor’s Parcel. “Drainage Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD.

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Item 11.

Resolution 2024- 42

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“Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City of Coachella's Municipal Code. “Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy, and (v) Welfare Exemption Property. “Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Landscaping and Lighting Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing landscaping and lighting maintenance within, or associated with the CFD, including the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD.
“Land Use Class” means any of the classes listed in Table 1 and defined herein. “Lot” means an individual legal lot created by an Assessor’s Parcel Map or Final Map. “Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.
“Mobile Home” means a vehicle designed and equipped for human habitation as defined by the California Health & Safety Code § 18008.
“Park” means a public park, open space, trail, dog park dedicated to and/or managed by the City of Coachella.
“Park Maintenance Requirement” means, for any Fiscal means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing park maintenance services within, or associated with the CFD, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and

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Item 11.

Resolution 2024- 42

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parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services.
“Property Owner Association Property” means, for each Fiscal Year, any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association, which consists of property owned in common by owners of surrounding properties and it is intended for use for community purposes. “Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Developed Property to the Maximum Special Tax per Assessor’s Parcel of Developed Property is equal for all Assessor’s Parcels of Developed Property. “Proportionately” means, for Undeveloped Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Undeveloped Property to the Maximum Special Tax per Assessor’s Parcel of Undeveloped Property is equal for all Assessor’s Parcels of Undeveloped Property.
"Public Property" means, in any Fiscal Year: (i) all Parcels within the boundaries of the CFD that are owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that Taxable City Property shall not be categorized as Public Property, and any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; and (ii) all Parcels within the boundaries of the CFD that are encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Reserve Fund” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and operational cost overruns, and delinquencies in the payment of Special Taxes. “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“Special Tax Requirement” means the sum of (i) Streetscape and Landscape Maintenance Requirement, (ii) Administrative Expenses of the CFD, and (iii) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year. “State” means the State of California.

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Item 11.

Resolution 2024- 42

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“Street Maintenance Requirement” means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD. “Streetscape and Landscape Maintenance Requirement” means the sum of the Landscaping and Lighting Maintenance Requirement, the Park Maintenance Requirement, the Street Maintenance Requirement, and the Drainage Maintenance Requirement. “Taxable Property” means all Assessor’s Parcels of Developed Property and Undeveloped Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.
“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Building Permit has not been issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Exempt Property.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2024/25, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2024/25, Taxable Property shall be further classified as Attached Residential, Detached Residential, Affordable Housing Property, or Undeveloped Property.

C. MAXIMUM SPECIAL TAX RATES
Land Use
Class Land Use Description Fiscal Year 2024/25 Maximum Special Tax Rate 1 Detached Residential $655 per Dwelling Unit
2 Attached Residential $524 per Dwelling Unit
3 Affordable Housing Property $306 per Dwelling Unit
4 Undeveloped Property $4,247 per Lot acre
For each Fiscal Year following the Base Year, the Maximum Special Tax rates shall be increased by the Annual Escalation Factor. A different Maximum Special Tax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

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Item 11.

Resolution 2024- 42

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Commencing with Fiscal Year 2024/25, and for each subsequent Fiscal Year, the Special Tax Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:

Step 1: The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax to meet the Special Tax Requirement. The applicable Maximum Special Tax shall be based on the Developed Property’s classification as Detached Residential, Attached Residential, or Affordable Housing Property.

Step 2: If after applying the method of apportionment in Step 1, if additional funds are needed to satisfy the Special Tax Requirement, the Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax to meet the remainder of the Special Tax Requirement needed. The applicable Maximum Special Tax shall be based on the Undeveloped Property’s classification.

E. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.

For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Sections B, C, and D.

F. APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the Special Tax Administrator regarding such error. If following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel.

Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Finance Director, who shall either (1) refer the matter to the City’s existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal.

The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified.

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Item 11.

Resolution 2024- 42

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The decision of the hearing board or Review/Appeal Committee shall be final and binding to all persons.

G. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided however that (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.

H. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

Page 103 ends

Item 11.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Authorization to file a Notice of Completion for the Fire Station #79 Expansion and Rehabilitation Project, City Project No. F-7.

STAFF RECOMMENDATION:

Accept the Fire Station #79 Expansion and Rehabilitation Project, City Project No. F-7, as complete and direct the City Clerk to file a Notice of Completion attached hereto with the County of Riverside.

BACKGROUND:

On December 8th, 2021, City Council authorized staff to advertise the Fire Station #79 Rehabilitation and Expansion Project to seek competitive construction bids and appropriated $6,800,000 in funding for the project’s completion including $5,000,000 in ARPA funding and $1.8 million in Fire DIF funding.

The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. Four bids were received and the lowest, responsive bidder was Dalke & Sons Construction, Inc. On July 13, 2022 City Council authorized a construction contract with Dalke & Sons Construction, Inc. for the construction of the Fire Station #79 Rehabilitation and Expansion Project and appropriated an additional $491,400.10 to cover additional construction costs.

DISCUSSION/ANALYSIS:

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

FISCAL IMPACT:

No Fiscal Impact to General Fund. Construction was executed using American Rescue Plan Act (ARPA) in the amount of $5,491,400.10 and Fire DIF (Fund 130) in the amount of $1,781,183.26.

Original contract amounts and final costs are listed below. The project was constructed within budget including all quantities totaling $7,272,583.36.

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Item 12.

Project Item: Project Award: Project Final Costs:

Construction Contract (Dalke) $6,253,955.00 $6,647,473.83 Construction Contingency (10%) $625,396 $118,065.72
Temporary Housing - Willscot $162,049.10 $265,337.06
ATLAS Engineering materials testing $50,000 $41,706,75
Construction Engineering – Cannon Design $200,000 $200,000 TOTAL CONSTRUCTION PROJECT COST: $7,291,400.10 $7,272,583.36 ATTACHMENTS:

1. Notice of Completion

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Item 12.

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

When Recorded, return to:

Delia Granados, Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as Fire Station #79 Expansion and Rehabilitation, City Project No.

F-7 has been completed and was accepted by the undersigned awarding authority on the date hereof. Fire Station improvements are located at 1377 6th Street located within the City of Coachella.

The contractor on such work was Dalke and Sons Construction, Inc. and the surety on his bond is The Ohio Casualty Insurance Company located at 790 The City Drive South, Ste 200 Orange, CA 92868.

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

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

Date: July 24, 2024 City of Coachella
(Date of Acceptance) (Name of Political Subdivision)
Owner Address:
53990 Enterprise Way
Coachella, CA 92236
By:________________________________
Steven A. Hernandez
Title: _________Mayor_________
State of California) City of Coachella
) ss
County of Riverside)
I hereby certify that I am the Deputy City Clerk of the governing board of the City of Coachella, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct.

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

Page 106 ends

Item 12.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Authorize direct Purchase of Sports Lighting for an amount not to exceed $180,000, execute Change Order #1 to Three Peaks for an amount not-to-exceed $120,000, and authorize appropriation of $300,000 from General Fund for the Bagdouma Park Misc. Site Improvements, City Project Numbers P-30 & P-32.

STAFF RECOMMENDATION:
 Authorize the City Manager to purchase four (4) Musco 70’ Galvanized steel poles and LED sports lighting for an amount not-to-exceed $180,000;  Authorize the City Manager to execute Change Order #1 to Three Peaks for the installation of the Musco Light Poles for an amount not-to-exceed $120,000;  Authorize appropriations from General Fund in an amount of $300,000 for the Bagdouma Park Misc. Site Improvements, City Project Number P-30 & P-32.

BACKGROUND:

On December 13, 2023 City Council authorized a contract with Public Restroom Company for the purchase of two pre-fabricated restroom buildings and one concession stand for Bagdouma Park.

The buildings are currently in production and are scheduled to be delivered in October. We are now awarding the site improvements that include the removal of an existing restroom, utility connections and site preparation for the buildings. Once completed the project will add a restroom and concession stand by the soccer fields located on the southeast corner of Avenue 51 and Frederick Street and replace an existing restroom next to the sports courts located on the northeast corner of Avenue 52 and Frederick Street at Bagdouma Park.

On July 26, 2023 entered into an agreement with Alliance Building Solutions to design and construction of energy conservation measures throughout the City, including sports lighting at Bagdouma Park. On July 10, 2024 City Council authorized a contract with Three Peaks Corp. for $272.272.00 plus 15% construction contingency. The awarded contract will provide site work for the restroom buildings and concession stand that have been purchased from Public Restroom Company.

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Item 13.

DISCUSSION/ANALYSIS:

The City is currently making upgrades to Bagdouma Park sports lighting through an energy efficiency project and the Bagdouma Park Misc. Site Improvements Project. In order to not duplicate efforts we evaluated and coordinated which project would provide the needed sports lighting for fields 1 & 2. The energy efficiency project provided the retrofit of the existing lights on the current Musco system. Now that the retrofit has been completed we have evaluated the photometrics and determined to provide four (4) new Musco Lights rather than another sports light to match the existing controller system in place at the Park.

In an effort to expedite the delivery of the lights that have long lead times, staff is recommending that the City purchase these items directly from Musco. This will result in 15% savings as well as expedite the product delivery. Staff is recommending the installation be completed by the Contractor, Three Peaks, who has been awarded the contract for misc. site improvements at Bagdouma Park.

FISCAL IMPACT:

With this action, City Council will be appropriating $300,000 from the General Fund (Fund 101) to the CIP project Fund (Fund 182) for the purchase and installation of the sports lighting for Bagdouma Park Misc. Site Improvements, City Projects P-30 & P-32.

ATTACHMENTS:

1. Musco Lighting Proposal Estimate

2. Three Peaks Estimate

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Item 13.
©2013 Musco Sports Lighting, LLC Page 1 of 2
M-1551-enUS-3
Quote
Bagdouma Park Soccer Field Lighting Project
Coachella, California
Date: July 15, 2024
To: Brianna Greenwood– The City of Coachella
Sourcewell Contract: # 041123-MSL
Expiration Date: 06/16/2027
Sports Lighting Solutions with Related Technology, Equipment and Services All purchase orders should note the following:

Sourcewell purchase – contract number: 041123-MSL

Bagdouma Park SoccerMusco’s Lighting Equipment as described below and delivered to the job site:
 Soccer Field East / West Light poles- Musco Lighting Equipment: $145,000.00 o Option 1 – 70 B Class Light poles – 93% capacity
 Soccer Field East / West Light poles- Musco Lighting Equipment: $153,000.00 o Option 2 – 70 C Class Light poles- allows for future addition of low voltage devices, or added city provided components.

Estimated Sales Tax on Lighting Material only ~8.75%- Confirm at the time of order: ~$12,687.50 or $13,387.50 (pending option)
Confirm Sales tax rate at the time of order. Pricing furnished is effective for 90 days unless otherwise noted and is kindly considered confidential.

Bagdouma Park Field Size Descriptions- Musco is lighting half of each field as the center light poles have been retrofitted with a non-Musco LED light fixture as part of a separate city project.

Soccer #1 East- Half of the Soccer field- 325’ x 195’
Field #2 West- Half of the Soccer field- 325’ x 200’
Equipment Description-Soccer #1, and Soccer #2
• (4) Pre-cast concrete bases- S3, S4, S5, S6
• (4) 70’ Galvanized steel poles- S3, S4, S5, S6
• (16) TLC LED 1200 Factory-aimed and assembled luminaries • (4) TLC LED 900 Factory-aimed and assembled luminaries On Field Performance – Control to benefit players, fans Utilizing the Existing Control-Link® System installed in 2004. See Pages 3-4 of this quote for the original lighting control equipment.
*If the existing Musco Lighting Controller (CMC) will be replaced, please add $12,000.00.

Always Ready to Play – Control assuring the results you expect Product assurance and warranty program for 10 years.

Structural Construction Note #1: Please review Option 1 and Option 2. Musco shall provide a stamped foundation design with structural calculations based off CBC 2022, 109 MPH. Class 5 Standard Soil has been used as a basis of design to prepare this quote. If the project GE will provide an addendum letter defining deep pier recommendations, Musco will prepare the structural design with these design parameters included.

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Item 13.
©2013 Musco Sports Lighting, LLC Page 2 of 2
M-1551-enUS-3
Budget Estimate
Structural Construction Note #2: The installing electrical contractor can provide installation pricing based off a 30” to 36” diameter hole with a 12’ to 14’ embedment.

A project adder to include a rebar cage can be included should the final structural design require a reinforced pier – pending information from the project Geotechnical Engineer.

Notes
Quote is based on:
• Shipment of entire project together to one location
• See Musco Structural Design- TBD.
• Includes structural design services for the Musco Light poles. CBC 2022, mph 109. • Delivery to the job site will be 10-14 weeks after submittal approval, confirmation of order details, and coordination with any test and inspection agency assigned to the project.

Available Cooperative Purchase Agreement (if a cooperative purchase agreement will be used, please confirm with Musco):

Sourcewell Contract: # 041123-MSL
Expiration Date: 06/16/2027
Sports Lighting Solutions with Related Technology, Equipment and Services Thank you for the opportunity to discuss Musco’s innovative lighting solutions; we are determined to provide you with the best value option for your facility. Please contact us if you have any questions.

Mike Higgins
Musco Sports Lighting, LLC
3002 Dow Ave, Suite #504
Tustin, CA 92780
Office: 800-659-0117x6121
Mobile: 714-614-0863

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Item 13.

DATE
TO City of Coachella

JOB DUE DATE
Bagdouma Park
Site Work on reciept

QUANTITY UNIT PRICE LINE TOTAL

1.00 $ 109,735.00 $ 109,735.00
SUBTOTAL $ 109,735.00
TOTAL $ 109,735.00
Quote
Lump Sum Musco lighting per email on 7/10/24 (price
subject to change with musco lighting plans)
PO BOX 101
[email protected]

DESCRIPTION

SALESPERSON PAYMENT TERMS
Make all checks payable to Three Peaks Corp.

THANK YOU FOR YOUR BUSINESS!
951.203.3268
Three Peaks Corp.

Calimesa, Ca 92320 July 15, 2024

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Item 13.

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Item 13.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Authorization to file a Notice of Completion and appropriation of $234,272.99 from General Fund for City Project No. ST-130, Pueblo Viejo Sustainable Transportation Project
STAFF RECOMMENDATION:
 Accept the City Project No. ST-130, Pueblo Viejo Sustainable Transportation Project as complete and direct the City Clerk to file a Notice of Completion attached hereto with the County of Riverside.
 Authorize appropriation from General Fund in an amount of $234,272.99 for the Pueblo Viejo Sustainable Transportation Project, ST-130.

BACKGROUND:

In October of 2020, the City entered into a grant agreement with an Infill Infrastructure Grant (IIG) program, which also supplements an Affordable Housing and Sustainable Communities (AHSC) program grant. These two grants provide approximately 3.4 million in funding and are allocated under City project number ST-130. These grant funds are to be used on infill infrastructure improvements in the downtown Pueblo Viejo District. Improvements included in the grant funding include curbs, gutters, sidewalks, bike lanes, lighting, electrical undergrounding, public plaza improvements, landscaping and ADA improvements.

On January 27, 2021, the City Council approved a professional services agreement with Egan Civil, Inc. to develop final plans, specifications and estimates for the Pueblo Viejo Sustainable Transportation Project in the amount of $182,000.

During the design process, it was determined that portions of the Pueblo Viejo Sustainable Transportation project overlapped portions of the Fire Station #79 Rehabilitation and Expansion project (F-7). As a result, the design and bid documents intentionally included $250,000 of additional improvements that are portions of the Fire Station project. These additional improvements include additional undergrounding of overhead electrical on Palm Ave, full removal and reinstallation of the driveways and flat work at the fire station frontage and installation of electrical transformers, switch gear and building upgrades to accommodate the new underground service. Staff determined that this work could be performed at a more cost effective price point if performed in connection with the Pueblo Viejo Sustainable Transportation Project.

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Item 14.

On January 26, 2022 the City entered into an agreement with Desert Concepts for the construction of the Pueblo Viejo Sustainable Transportation Project.

DISCUSSION/ANALYSIS:

FISCAL IMPACT:

The total cost for land acquisition, design, and construction including all fees was $5,197,585.99.

This project was executed using grant funds from IIG and AHSC, Fire DIF, SB1 and General Fund in an amount of $4,963,313.00. With this action, council appropriates $234,272.99 from General Fund for the project for the additional costs.

ATTACHMENTS:

1. Notice of Completion

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Item 14.

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

When Recorded, return to:

Delia Granados, Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as Pueblo Viejo Sustainable Transportation Project, City Project No.

ST-130 has been completed and was accepted by the undersigned awarding authority on the date hereof.

The Pueblo Viejo Sustainable Transportation improvements are located within City right-of-way in various areas located within the Pueblo Viejo and Downton area of the City of Coachella.

The contractor on such work was Desert Concepts Construction, Inc. and the surety on his bond is Merchants Bonding Company located at P.O. Box 14498 Des Moines, Iowa 50306-3498.

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

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

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

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Item 14.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve execution of a maintenance agreement to Brisas Air Conditioning & Heating, in the amount of $43,375.00, for replacement of a 15-ton commercial package heating, ventilation and air conditioning unit for the Senior Center facility; authorize allocation of $43,375.00 from unallocated general funds to finance the replacement unit.

STAFF RECOMMENDATION:

Approve execution of a maintenance agreement to Brisas Air Conditioning & Heating, in the amount of $43,375.00, for replacement of a 15-ton commercial package heating, ventilation and air conditioning unit for the Senior Center facility; authorize allocation of $43,375.00 from unallocated general funds to finance the replacement unit.

EXECUTIVE SUMMARY:

The senior center has recently experienced several challenges with the primary heating, ventilation and air conditioning unit that services the dining room in the senior center facility. The unit has been repaired and is operational but the unit’s compressor is also in need of replacement. As the unit is over ten years old, rather than continuing to replace parts that are no longer under warranty, staff recommends replacement of the unit. This facility also serves as the City’s Cooling Center and staff recommending a pro-active approach to ensuring the facility is not negatively impacted through the remaining summer months.

Staff has informally bid the replacement of this unit and received the below four bid responses.

Due to the urgency of ensuring an operating cooling system for the senior center dining room space, staff is recommending award of a maintenance agreement for the replacement of the 15-ton unit serving the senior center facility, in the amount of $43,375.00.

1. Brisas Air Conditioning & Heating $43,375.00

2. Extreme Air Conditioning $46,675.00

3. J/G Air Conditioning $49,775.00

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Item 15.

FISCAL IMPACT:

The recommended action will require approval of an allocation from undesignated general fund funds, in the amount of $43,375.00.

Attachment:

Proposed Maintenance Agreement

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CITY OF COACHELLA
MAINTENANCE SERVICES AGREEMENT – PROJECT NO. 072424

1. PARTIES AND DATE.

This Agreement is made and entered into this July 24, 2024 by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 (“City”) and Brisas Air Conditioning & Heating Inc., a corporation, with its principal place of business at 82-375 Market Street, Unit 20, Indio, CA 92201 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

City desires to engage Contractor to render such services for the Senior Center HVAC Replacement Project No. 072424 (“Project”) as set forth in this Agreement.

3. TERMS.

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3.1 Scope of Services and Term.

3.1.1 Incorporation of Documents. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Contractor’s Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Addenda
Response to Request for Proposal
Any other documents contained in or incorporated into the Contract

3.1.2 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the hvac replacement services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.3 Term. The term of this Agreement shall be from July 24, 2024 to August 24, 2024 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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

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

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

3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event

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

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

3.2.6 Contractor’s Representative. Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and

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subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8.1 Period of Performance and Liquidated Damages.

Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Contractor (“Performance Milestones”). Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of two hundred dollars ($200.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement.

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all

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violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

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

3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability:

Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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(B) Minimum Limits of Insurance. Contractor shall
maintain limits no less than: (1) General Liability: $1,000,000; per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2)

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the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

3.2.10.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.

Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

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

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

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

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

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3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed forty-three thousand three hundred seventy-five dollars ($43,375.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require, if applicable, the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If applicable the Services are being performed as part of an applicable “public works” or “maintenance” project, as

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defined by the Prevailing Wage Laws, and if applicable the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

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

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

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

Contractor:

Brisas Air Conditioning & Heating Inc.
82-375 Market Street, Unit 20
Indio, CA 92203
City:

City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property.

This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.5.6 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior

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negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

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

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

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

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

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

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

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

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

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin,

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handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.6 Subcontracting.

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

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CITY OF COACHELLA BRISAS AIR CONDITIONING & HEATING
INC.

By: By:

Gabriel D. Martin, Ph D
City Manager
Attest: Attest:

City Clerk
Approved as to form:
_________________________
Best, Best & Krieger

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B-1
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EXHIBIT “A”

SCOPE OF SERVICES

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EXHIBIT “B”

SCHEDULE OF SERVICES
Initial Term: July 24, 2024 – August 24, 2024

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EXHIBIT “C”

COMPENSATION
• Total $43,375.00

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STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Lt. Randy Vasquez, Sheriff’s Department
Dr. Gabriel Martin, City Manager
SUBJECT: Ordinance No. 1212 - An Ordinance Adding Chapter 9.28 to Title 9 of the Coachella Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City
STAFF RECOMMENDATION:

Staff recommends that the City Council conduct a first reading, by title only, of Ordinance No. 1212, Adding Chapter 9.28 to Title 9 of the Coachella Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City.

BACKGROUND:

Catalytic converters are an external component of a vehicle, accessible from the underside of a parked car. They convert most of a vehicle’s emissions into less harmful forms, improving air quality and vehicle performance. As part of their construction, catalytic converters contain valuable materials such as platinum and palladium, rare metals that command ever-increasing prices on the recyclables market.

Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons. These reasons include: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified.

DISCUSSION/ANALYSIS:

There is currently no City legislation applicable within the City of Coachella to directly define and punish catalytic converter thefts absent an identifiable victim. Additionally, there is currently no City, State, or Federal legislation applicable within the City of Coachella requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters in their possession.

This limits law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when there is no identifiable victim

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present. As a result, preventing and punishing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers.

The Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires core recyclers to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller.

The Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation. Pursuant to Article XI, Section 7 of the California Constitution, the City has broad discretionary power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

Individuals in possession of stolen catalytic converters are able to recycle them for substantial profit at relatively low risk, while victims are forced to commit to costly repairs. By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or lawful possession, this ordinance would combat this criminal practice by: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter; (4) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (5) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (6) minimizing the fiscal and personnel impact on the City of Coachella and the Riverside County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts.

ALTERNATIVES:

1. Decline Staff recommendation and not approve this item.

2. Continue this item and provide staff with direction.

FISCAL IMPACT:

There is no fiscal impact to the General Fund

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Item 16.

ATTACHMENT(S):

1. Ordinance No. 1212 - An Ordinance Adding Chapter 9.28 to Title 9 of the Coachella Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City.

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Item 16.

ORDINANCE NO. 1212

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA, ADDING CHAPTER

9.28 (UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER PROHIBITED) TO TITLE 9 (PUBLIC

PEACE AND WELFARE) OF THE COACHELLA

MUNICIPAL CODE, ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS IN THE CITY.

WHEREAS, the citizens of the City of Coachella (the “City”) have experienced rising catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City legislation yet applicable within the City of Coachella to define and punish catalytic converter thefts absent an identifiable victim; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Coachella requiring individuals discovered to be in possession of detached catalytic converters to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters when no victim is present; and WHEREAS, the Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires core recyclers to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and
WHEREAS, the Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City has broad discretionary power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and
WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a

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Item 16.
particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and
WHEREAS, the citizens of Coachella and the Riverside County Sheriff’s Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Coachella and the Riverside County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and WHEREAS, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its citizens, their property, and their community; and
WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and WHEREAS, this Ordinance is necessary to provide the City of Coachella and the Riverside County Sheriff’s Department clear legal authority to better protect the public and deter this criminal activity
WHEREAS, this item was taken to the Building/Code Enforcement/Public Safety SubCommittee on July 4, 2024 with the Sub-Committee supporting and recommending it move forward to City Council for consideration; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Ordinance.

SECTION 2. Creation of Chapter 9.28 in Title 9 of the Coachella Municipal Code.

Chapter 9.28 is hereby added to Title 9 (Public Peace and Welfare) of the Coachella Municipal Code to read in its entirety as follows:
“Chapter 9.28 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 9 (Public Peace and Welfare)

9.28.010 Purpose.

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Item 16.

The purpose of this chapter is to regulate the possession of detached catalytic converters absent proof of ownership or lawful possession, to assist in deterring future thefts, establish sanctions for possessing stolen catalytic converters, and minimize the fiscal and personnel impact on the City of Coachella and the Riverside County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts.

9.28.020 Definitions.

For the purposes of this chapter, the following meanings shall apply:
(a) “Lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
(b) “Documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
(1) Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.
(2) Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business.
(3) Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
(4) Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.

9.28.030 Unlawful possession of a catalytic converter prohibited. (a) It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.

It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

9.28.040 Violations – Misdemeanor
(a) Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Coachella Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.

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(b) It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.08 of Title 1 of this Code, for any person to violate any provision of this section.

The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.” SECTION 3. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 5. Publication and Effective Date. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

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Item 16.

PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on the 24 day of July, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF COACHELLA:
________________________________
Steven Hernandez, Mayor
City of Coachella
ATTEST:
__________________________________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
__________________________________
Carlos Campos, City Attorney

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Item 16.

CERTIFICATION
I, Angela M. Zepeda, City Clerk of the City of Coachella, DO HEREBY CERTIFY that the foregoing Ordinance No. 1212 was passed, approved, and adopted at the Regular Meeting of the Coachella City Council held on the 24 day of July, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 24th day of July, 2024. ________________________________
Angela M. Zepeda, City Clerk
City of Coachella

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Item 16.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Resolution No. 2024-44 - A Resolution Formally Expressing Opposition to the Desert Healthcare District’s Proposed Hospital Lease Agreement’s “NonCompete” Provision and Directing the Mayor to Send a Letter to the Desert Healthcare District Board Expressing this Opposition
STAFF RECOMMENDATION:

Staff recommends that the City Council consider adoption of Resolution No. 2024-44, formally expressing opposition to the Desert Healthcare District’s proposed hospital lease agreement’s “non-compete” provision and directing the Mayor to send a letter to the Desert Healthcare District Board expressing this opposition.

BACKGROUND:

On May 28, 2024, the Desert Healthcare District (“District”) Board of Directors received a presentation from Tenet Healthcare (“Tenet”) regarding a new Hospital Lease Agreement for Desert Regional Medical Center (the “Lease”). This presentation referenced a new thirty (30) year lease, which would allow Tenet, a Dallas based corporation, to take ownership of Desert Regional Medical Center at the end of the Lease. Additionally, the new Lease would also include a “noncompete” provision similar to one in the current lease. If approved by the District Board of Directors, this item would be put on the November 5, 2024 ballot for District voters to weigh in on.

As mentioned above, the current lease includes a “non-compete” clause, which is generally outlined in Article XIII of the May 30, 1997, Hospital Lease Agreement between the District (“Lessor”) and Tenet Health System Desert, Inc. (“Lessee”). This “non-compete” clause currently restricts the use of taxpayer funds within the District’s boundaries, requiring Tenet's prior written consent prior to doing so, which Tenet may withhold in its sole and absolute discretion. Due to the expansion of the District’s boundaries during the term of the current lease, certain ambiguity has arisen pertaining to the District's ability to engage in potentially competing activities within the District’s expanded boundaries. Consequently, the new Lease would restrict such activities within the entirety of the District’s boundaries.

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Item 17.

DISCUSSION/ANALYSIS:

Staff recommends that the City Council consider directing the Mayor, on behalf of the City and with the assistance of the City Manager, to send a letter to the District Board of Directors detailing the City’s objections and concerns to any “non-compete” provision within the new Lease with Tenet. Staff has drafted a resolution setting forth the potential grounds for objecting to any “noncompete” provision in the new Lease as follows:
1) The Lease would restrict the activities of the District within its own boundaries; 2) The Lease would restrict the use of taxpayer funds within District boundaries and would require Tenet's prior written consent, which Tenet may withhold in its sole and absolute discretion;
3) The "non-compete" provision harms communities that lack adequate medical services the most;
4) Allowing Tenet, a for profit corporation, to restrict both District activities and the use of taxpayer funds for the next thirty (30) years is unacceptable; 5) Future District Board members should be allowed to determine how to best use taxpayer funds;
6) The District should be accountable to desert residents, not Tenant’s shareholders; 7) Any “non-compete” provision in the Lease would raise necessary questions pertaining to what the District will do with taxpayer funds if it is restricted from using them pursuant to the Lease;
8) The “non-compete” provision stifles both competition and innovation in healthcare services within the District;
9) The “non-compete” provision may result in adverse economic impacts on the community by limiting potential new healthcare facilities and related businesses; 10)Restricting the District's ability to develop and support additional healthcare facilities and services could adversely affect public health and safety; and 11) The “non-compete” provision of the Lease raises both legal and ethical concerns pertaining to the use of taxpayer funds and the District's obligation to serve the public interest.

Furthermore, on April 9, 2018, the Desert Healthcare District passed Amendment No. 5 to the Hospital Lease Agreement which states in Article XIII – Additional Covenant of Lessor that the restrictions on the Lessor shall not apply to the activities that solely relate to the Expanded Boundaries, which include the City of Coachella.

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Item 17.

ALTERNATIVES:

1. Not approve Staff recommendation and decline to act on this item.

2. Continue this item and provide staff with direction.

FISCAL IMPACT:

There will be no impact to the General Fund.

ATTACHMENT(S):

Resolution No. 2024-44 A Resolution Formally Expressing Opposition to the Desert Healthcare District’s Proposed Hospital Lease Agreement’s “Non-Compete” Provision and Directing the Mayor to Send a Letter to the Desert Healthcare District Board Expressing this Opposition.

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Item 17.

City of Coachella
Resolution No. 2024-44

Page 1 ends

RESOLUTION NO. 2024 - 44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA, FORMALLY

EXPRESSING OPPOSITION TO THE DESERT

HEALTHCARE DISTRICT'S PROPOSED HOSPITAL
LEASE AGREEMENT’S “NON-COMPETE” PROVISION

AND DIRECTING THE MAYOR TO SEND A LETTER TO

THE DESERT HEALTHCARE DISTRICT BOARD

EXPRESSING THIS OPPOSITION
WHEREAS, on May 28, 2024, the Desert Healthcare District (the “District”) Board of Directors received a presentation from Tenet Healthcare (“Tenet”) regarding a new Hospital Lease Agreement for Desert Regional Medical Center (the “Lease”); and WHEREAS, this presentation referenced a new 30-year lease, which would allow Tenet, a Dallas based corporation, to take ownership of Desert Regional Medical Center at the end of the Lease; and
WHEREAS, the new Lease would include a “non-compete” provision similar to one in the current lease. If approved by the District Board of Directors, this item would be put on the November 5, 2024 ballot for District voters to weigh in on; and WHEREAS, the current lease includes a “non-compete” clause, which is generally outlined in Article XIII of the May 30, 1997, Hospital Lease Agreement between the District (“Lessor”) and Tenet Health System Desert, Inc. (“Lessee”); and WHEREAS, this “non-compete” clause currently restricts the use of taxpayer funds within the District’s boundaries, requiring Tenet's prior written consent prior to doing so, which Tenet may withhold in its sole and absolute discretion; and
WHEREAS, due to the expansion of the District’s boundaries during the term of the current lease, certain ambiguity has arisen pertaining to the District's ability to engage in potentially competing activities within the District’s expanded boundaries; WHEREAS, April 9, 2018, the Desert Healthcare District passed Amendment No. 5 to the Hospital Lease Agreement which states in Article XIII – Additional Covenant of Lessor that the restrictions on the Lessor shall not apply to the activities that solely relate to the Expanded Boundaries, which include the City of Coachella; and
WHEREAS, the new Lease would restrict such activities within the entirety of the District’s boundaries.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella as follows:

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Item 17.

City of Coachella
Resolution No. 2024-44

Page 2 ends

SECTION 1. Incorporation of Recitals. That the Recitals set forth above are true and correct and are incorporated into this Resolution.

SECTION 2. Direction to Mayor to send a Letter to the District Board. That the City Council hereby directs the Mayor, on behalf of the City and with the assistance of the City Manager, to send a letter to the District Board of Directors detailing the City’s objections and concerns to any “non-compete” provision within the new Lease with Tenet.

SECTION 3. Objection to any “Non-Compete” Provision in the new Lease. That the City objects to any “non-compete” provision of the Lease, based on the following grounds:

1.) The Lease would restrict the activities of the District within its own boundaries;

2.) The Lease would restrict the use of taxpayer funds within District boundaries and would require Tenet's prior written consent, which Tenet may withhold in its sole and absolute discretion;

3.) The "non-compete" provision harms communities that lack adequate medical services the most;

4.) Allowing Tenet, a for profit corporation, to restrict both District activities and the use of taxpayer funds for the next thirty (30) years is unacceptable;

5.) Future District Board members should be allowed to determine how to best use taxpayer funds;

6.) The District should be accountable to desert residents, not Tenant’s shareholders;

7.) Any “non-compete” provision in the Lease would raise necessary questions pertaining to what the District will do with taxpayer funds if it is restricted from using them pursuant to the Lease;

8.) The “non-compete” provision stifles both competition and innovation in healthcare services within the District;

9.) The “non-compete” provision may result in adverse economic impacts on the community by limiting potential new healthcare facilities and related businesses;

10.) Restricting the District's ability to develop and support additional healthcare facilities and services could adversely affect public health and safety; and

11.) The “non-compete” provision of the Lease raises both legal and ethical concerns pertaining to the use of taxpayer funds and the District's obligation to serve the public interest.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or

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Item 17.

City of Coachella
Resolution No. 2024-44

Page 3 ends

applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 24th day of July, 2024.
________________________________
STEVEN HERNANDEZ, Mayor
ATTEST:
______________________________
ANGELA M. ZEPEDA, City Clerk

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Item 17.

City of Coachella
Resolution No. 2024-44

Page 4 ends

I, Angela M. Zepeda, City Clerk of the City of Coachella, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Coachella on the 24th day of July, 2024, by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSENT: Council Member:

ABSTAIN: Council Member:
________________________________
ANGELA M. ZEPEDA, City Clerk

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Item 17.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Resolution No. 2024-40 Declaring its Intention to Annex Property into City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax Within Annexation Area No. 36 (Sevilla II – Pyramid Ranch).

STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution No. 2024-40 stating the intention to annex property located generally west of Van Buren Street and south of Avenue 50 into Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) and setting a public hearing date.

BACKGROUND:

On September 14, 2005, the City Council of the City of Coachella (the “City”) adopted Resolution No. 2005-93 establishing the Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (“CFD 2005-1”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended. Over the past 19 years, the CFD has annexed 35 new subdivisions and multifamily residential developments.

DISCUSSION/ANALYSIS:

The Planning Commission and City Council approved the Pyramid Ranch project (previously knows as Sevilla II), which includes construction of a new 204 single family residential community on 39.35 acres generally located west of Van Buren Street and south of Avenue 50. The developer is Pulte Home Company, LLC. The conditions of development of the project requires it to be annexed into CFD 2005-1 to provide funding to offset the increased cost of police services, fire and paramedic services.

Attached to this staff report is the Resolution of Intention setting a future public hearing date on September 11, 2024 for Annexation No. 36 final actions, which will include a special election, canvassing of the results, and an ordinance authorizing the levy of the special tax within Annexation No. 36. The other attachment to this report is a copy of the CFD Annexation Map for the subject property and the “Rate and Method” for the CFD.

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Item 18.

ALTERNATIVES:

1. Adopt Resolution No. 2024-40 stating the intention to annex property into Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) and setting a public hearing date.

2. Take no action.

3. Continue this item and provide staff with direction.

FISCAL IMPACT:

The City expects to collect an annual special tax of $1,516.52 plus CPI per dwelling unit within the CFD beginning the fiscal year after they are issued a building permit in accordance with the Rate and Method of Apportionment. This Annexation will result in a new annual special tax of $309,370.08 for 204 single family residential parcels, subject to annual inflationary adjustment, for the project.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as stated above.

Attachments:

1. Resolution No. 2024-40
Exhibit A - Rate and Method (CFD 2005-01)

2. CFD Annexation No. 36 Map

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Item 18.

RESOLUTION NO. 2024-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA DELCARING ITS INTENTION TO ANNEX PROPERTY

INTO CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)

AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO. 36 (SEVILLA II – PYRAMID RANCH).

WHEREAS, the City Council (the “Council”) of the City of Coachella (the “City”) has established City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53321 of the Government Code of the State of California (the “Act”); and,
WHEREAS, the CFD will finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory included in the CFD subject to the levy of a special tax to pay for such services, approved at an election held within the boundaries of the CFD; and,
WHEREAS, the Council has provided for the annexation in the future of territory (the “Future Annexation Area”) to the CFD pursuant to the terms and provisions of the Act; and, WHEREAS, the Sevilla II (Pyramid Ranch) project was conditioned to annex into the City’s Community Facilities District No. 2005-1 as part of Tentative Tract Map No. 38557; and, WHEREAS, the Council has determined pursuant to Section 53339.2 of the Act that public convenience and necessity require that territory be added to the CFD upon its formation;

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. The Council hereby determines to initiate proceedings for the annexation of certain territory into the proposed CFD under the terms of the Act. The exterior boundaries of the area to be annexed (“Annexation Area No. 36”) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Annexation Map No. 36 - Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services)” which map indicates by a boundary line the extent of the territory included in Annexation Area No. 36 and shall govern for all details as to the extent of Annexation Area No. 36. On the original and one copy of the map of such Annexation Area No. 36 on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map.

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Item 18.

Resolution 2024-40

Page 2 ends

Section 3. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 36 prior to the annexation of Annexation Area No. 36 into the CFD and do not supplant services already available within the territory proposed to be annexed into the CFD, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all real property in the proposed Annexation Area No. 36. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 36 will not result in any change to the special tax rates levied in the CFD prior to such annexation.

The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act.

The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such amount shall not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation Area No. 36. As specified by the Act, for purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued.

Section 4. A public hearing (the “Hearing”) on the annexation of Annexation Area No. 36 and the proposed rate and method of apportionment of the Special Tax shall be held on September 11, 2024, at 6:00 o’clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Coachella, 1515 Sixth Street, Coachella, California 92236.

Section 5. At the time and place set forth above for the hearing, any interested person for or against the annexation of Annexation Area No. 36 to the CFD or the levying of special taxes within the proposed Annexation Area No. 36 will be heard.

Section 7. Each City officer who is or will be responsible Annexation Area No. 36, if they are annexed, is hereby directed to study the proposed Annexation Area No. 36 and, at or before the time of the above-mentioned Hearing, file a report with the City Council, and which is to be made a part of the record of the Hearing, containing a brief description of Annexation Area No. 36, and his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of Annexation Area No. 36. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation Area No. 36, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to Annexation Area No. 36.

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Item 18.

Resolution 2024-40

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Section 6. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation Area No.

36. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No. 36.

Section 7. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No. 36. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 36 as provided in Section 53339.5 of the Act and a description of the proposed voting procedure for the election required by the Act.

Such publication shall be completed at least 7 days prior to the date of the Hearing.

Section 8. The voting procedure with respect to the annexation of the Annexation Area No. 36 and the imposition of the special tax shall be by hand delivered or mailed ballot election.

PASSED, APPROVED and ADOPTED this 24th day of July, 2024 by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

Steven A. Hernandez, Mayor
City of Coachella
ATTEST:
_______________________________________________________ Angela Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
___________________________________________________
Carlos L. Campos, City Attorney
City of Coachella

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Item 18.

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF COACHELLA )
I, Angela Zepeda, City Clerk of the City of Coachella, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2024-40, adopted by the City Council of the City of Coachella at a regular meeting therefore duly held and convened on the 24 th day of July, 2024.
______________________________
Angela Zepeda, City Clerk

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Item 18.

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT FOR
CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2005-1 of the City of Coachella (the “CFD”) and collected each Fiscal Year commencing in Fiscal Year 2006-07, in an amount determined by the City Council of the City of Coachella, through the application of the Rate Method of Apportionment as described below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.
“CFD Administration” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CDF” means City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Coachella.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building has been issued. “County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi-family dwelling with four or more units was issued prior to June 30 of the prior Fiscal Year, exclusive of property for which

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Item 18.

Resolution 2024-40

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the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes. “Developed Property” means for each Fiscal Year, all Developed Multi-Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit new construction of a single-family dwelling unit was issued prior to June 30 of the prior Fiscal Year.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel Taxable Property.
“State” means the State of California.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of the CFD which are not exempt from the Special Tax pursuant to law or Section E below. “Transient Occupancy Taxes” means those transient occupancy taxes payable to the City pursuant to Ordinance.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within the CFD classified as Developed Single-Family Residential Property or Developed Multi-Family Residential Property shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel classified as Developed SingleFamily Residential Property shall be $846.76 for Police Services and $511.34 for Fire/Paramedic Services.
b. Increase in the Maximum Special Tax

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Item 18.

Resolution 2024-40

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On each July 1, commencing on July 1, 2015, the Maximum Special Tax shall be increased by an amount equal to the percentage increase in the U.S. Department of Labor Statistics, Consumer Price Index, for Los Angeles-Riverside-Orange County, California, for the 12 month period ending the preceding December 31, of the amount in effect for the previous Fiscal Year.

2. Developed Multi-Family Residential Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel classified as Developed MultiFamily Residential Property shall be $846.76 for Police Services and $511.34 for Fire/Paramedic Services multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2015, the Maximum Special Tax shall be increased by an amount equal to the percentage increase in the U.S. Department of Labor Statistics, Consumer Price Index, for Los Angeles-Riverside-Orange County, California, for the 12 month period ending the preceding December 31, of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS: EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi-Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed MultiFamily Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide

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Item 18.

Resolution 2024-40

Page 8 ends

a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may directly bill the Special Tax, may collect Special Taxes at different time or in a different manner if necessary to meets its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or unit Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within the CFD, whichever is earlier.

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Item 18.
75410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211 MBAKERINTL.COM Phone: (760) 346-7481 CALIFORNIA 111 CALIFORNIA 86 10 Page 165
Item 18.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Anahi Fernandez, Management Analyst
SUBJECT: City of Coachella Resident Engagement Academy
STAFF RECOMMENDATION:

Staff recommends that the City Council review the 2024 Coachella Resident Engagement Academy (Academy) plan and provide staff feedback.

BACKGROUND:

The City of Coachella General Plan encourages active community engagement with City of Coachella residents as a “high priority” with a short implementation timeframe of 2 to 4 years after Plan adoption. The General Plan encourages the City to work with partner agencies to create minimum protocols for community outreach and engagement processes for different types of municipal decisions so community members can easily learn about input opportunities and know how to best contribute in the City.

On October 3, 2023, the City of Coachella implemented its first Coachella Resident Engagement Academy, in which the City created a space where residents had the opportunity to learn about the decision-making process and the City’s functions and operations. The Academy consisted of seven (7) sessions for seven (7) weeks with twenty-three (23) residents successfully completing all sessions. Residents were informed of the importance of their contributions and how they can continue their involvement in the City. Evaluation survey responses from last year, indicated that the majority of participants had a high knowledge level of the City after completion of the Academy and a very high likelihood of playing a volunteer role in the City after participating in the Academy. The first Academy fulfilled its mission in educating Coachella residents on City operations and encouraging them to be more engaged in the City.

DISCUSSION/ANALYSIS:

Staff plans to establish a 2024 Resident Engagement Academy in which the City can continue the implementation of the General Plan and keep informing Coachella residents of the City’s roles and functions, ultimately increasing civic engagement in the City. The goals and purpose of the Academy are as follows:

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Item 19.

1. Inform the community regarding city government and the decision-making process

2. Provide residents with input opportunities

3. Generate active citizens and promote civic leadership The Academy will commence on October 1, 2024 with a group of up to 25 Coachella residents.

Outreach would begin in the summer through the City’s social media platform and flier postings in both English and Spanish. The following Academy modules are proposed and were identified discussion between local nonprofit, county and local government entities:

1. City Manager’s Office and Economic Development

2. Public Works and Engineering

3. Wastewater and Water

4. Development Services

5. Finance and Public Safety

6. Community Health and Wellness

7. Community Engagement.

City Directors and Managers will facilitate each module based on their discipline, which will also include a cooperative project among residents and staff. At the conclusion of the Academy, participants will receive a closing ceremony and an award in recognition of their participation.

Participants who attend all seven (7) sessions will receive a $250 stipend. The Riverside County Department of Public Health will provide evaluation services for the program to determine the program’s effectiveness in increasing civic engagement and awareness of City government.

Staff seeks additional feedback and direction from the City Council for the 2024 Academy.

FISCAL IMPACT:

The provision of meals, shirts, and stipends are included in the Fiscal Year 2024/2025 budget for the Development Services Department for a total of $8,450. An additional $1,550 for recognitions will be appropriated from the General Fund. The program is designed to minimize the use of City resources and will be hosted in the conference rooms of the Coachella Library.

ATTACHMENTS:

1. General Plan Implementation Actions

2. Academy Application

3. 2023 Academy Photos

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Item 19.

IMPLEMENTATION ACTIONS | 12-1
For some topics in this General Plan, the new adopted policies are sufficient to realize certain goals. However, most goals will require additional implementation actions to help make those operational. This section ties together the goals and policies in the General Plan. The following pages contain actions organized under each of the General Plan Elements (except for Housing) to realize the vision for Coachella's future. These are generally onetime actions needed to mobilize and execute specific policies within the General Plan, such as creating an ordinance or updating a master plan. The actions are in the following order:

1. Land Use + Community Design (LU)

2. Mobility (M)

3. Community Health + Wellness (CHW)

4. Sustainability + Natural Environment (SNE)

5. Safety (S)

6. Infrastructure + Public Services (IPS)

7. Noise (N)
Coachella is a smaller city, with big ideas and a clear vision of its future. The City staff and elected officials welcome and encourage community organizations, the business community, other public agencies, neighborhood groups and passionate individuals to help implement many of these actions. The City and community members have endorsed all of the action items below. While, some items are marked as “low” priority, that should not preclude any partner organization or individual from making it a “high” priority in their own work in collaboration with the City.

In the matrix that follows, each implementation action includes the following information:
# ACTION DESCRIPTION PRIORITY TIME FRAME RESPONSIBILITY RELEVANT GOALS Each action is
numbered as a
comprehensive
list for each
element
An actionable description of the
implementation action. Some
actions include end-note references
to supportive background material
or example projects.

Action items are marked as “High”, “Medium”, or “Low”
depending on community and staff input throughout the
process. Some of the criteria that helped determine priority included:
 Cost.
 Feasibility.
 Whether the action would help engage and empower
residents.
 Whether action could improve or enhance existing
programs/infrastructure (instead of create something
new).

A broad timeframe that refers to when the action
should be implemented. The timeframes are as
follows:
 Immediate – Current/ongoing projects or
within one year of Plan adoption.
 Short – Within 2 to 4 years of Plan
adoption.
 Medium – Between approximately 5 and 7
years of Plan adoption.
 Long – 10+ years after Plan adoption.
 Ongoing – Reoccurring or immediate
action.

Identification of the
agency or department
responsible for
implementing the action.

List of goal(s) that the action item
will help implement. Goals will be
listed with the Element title
acronym and the goal number. For
example an action that implements
Goal 3 from the Land Use +
Community Design Element and
Goal 2 from the Community Health
+ Wellness Element, this column
would contain “LU-3, CHW-2”.

Attachment 1

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Item 19.

IMPLEMENTATION ACTIONS | 12-2
# ACTION DESCRIPTION PRIORITY TIME
FRAME

RESPONSIBILITY RELEVANT
GOALS

1. Zoning ordinance update. Following the adoption of the General Plan, update Coachella’s Zoning Ordinance. The City Council and planning staff should explore and/or modify the following items in addition to others in line with the Plan’s vision. The zoning consistency analysis can be found in Appendix C.  Update the zoning code and official Zoning Map to comply with and implement the General Plan Designations and General Plan Designation Map.  Update the zoning code to encourage creative leisure and recreational uses in transit accessible and walkable areas.  Create a park once district.
 Establish climate-appropriate, design guidelines that recommend best practices for passive heating and cooling in Coachella’s climate.  Develop an incentive program that will assist developers in revitalizing existing structures.  Develop an incentive program to encourage and assist developers to develop along transit routes and to revitalize existing structures.  Create bicycle parking and storage requirements for all new development (or remodeling/rebuilding to the extent feasible) to cover a broad range of bike parking needs, including parking in multi-family residential dwellings, employee parking for commuters and general purpose parking in commercial areas, civic facilities and parks. Collaborate with the School Districts to provide adequate bicycle parking facilities for students and staff.  Require a certain proportion or number of units in each residential development to include universal design elements, ensuring easy modifications to accommodate wheelchairs.
 Establish community gardens in appropriate locations and set forth basic regulations for community gardens, such as creation, maintenance, and operating rules.  Allow food gardening by right in residential open space areas, including front, back, and side yard space.  Prevent schools and other sensitive receptors from locating near known or expected new sources of air pollution and vice versa. The specific “safe” distance from a pollution source is dependent on the source and amount of pollution releases; however, a good rule of thumb is at least 500 feet from busy roadways, highways, and stationary sources.
 When permitting new child-care facilities, require them to submit a customized, or adopt a standard, wellness policy plan to address physical activity programs, interdisciplinary nutrition education and provide meals and snacks that are consistent with current guidelines established by the US Department of Agriculture.  Allow physicians and other medical providers to convert foreclosed or other vacant residential structures into neighborhood health clinics. The City may set restrictions (such as hours of operation, parking, signage, and services offered) to ensure the clinic is not a burden to the neighborhood.  Strive for and encourage all new health and social service facilities to be transit-accessible and pedestrian-friendly. Work with Sun Line to improve transit routes and Sun Dial (Dial a Ride) access to service related facilities.  Encourage the co-location of medical healthcare, mental/behavioral health and social services to increase access to care.  Update development standards and/or create a development checklist to incorporate climate change adaption techniques into the development process.  Establish minimum tree planting requirements and guidelines for different sub areas, development types, street trees and parking lot landscaping to ensure the City’s urban forest/tree canopy is extensive and well maintained. These requirements should also address drought tolerant and native plants and landscaping to reduce overall water usage.
 Allow and encourage the creation of legal accessory dwelling units (ADUs) to enhance the diversity of housing options in existing residential neighborhoods. ADUs may be detached or attached to the principal structure.  Require below market rate units to come in a mix of sizes/number of bedrooms to address the need for affordable housing for different household types.  Require developers/contractors to recycle at least 50 percent of all construction and demolition waste.  Allow and incentivize renewable energy and energy efficiency technologies.  Identify and remove regulatory or procedural barriers to implementing green building practices within the City, such as updating codes, guidelines and zoning, and ensure that all plan review and building inspection staff are trained in green building design practices and techniques.  Identify appropriate buffers between agricultural and urban uses.  Develop standards to provide for cluster development and conservation design to minimize the impacts of urban development on areas where sensitive species are identified.
 Identify standards for green roofs.
 Create guidelines/requirements for permeable paving.
 Expand allowances for home occupations/businesses in residential areas.  Reduce parking minimum requirements in projects where the developer conducts a traffic study to determine that unbundled parking and other measures will reduce the number of spaces required per unit.

High Short Planning LU-1
LU-2
LU-3
LU-5
M-1
M-4
M-7
CHW-5
CHW-8
CHW-9
SNE-1
SNE-2
SNE-4
SNE-5
SNE-9
SNE-11
Attachment 1

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Item 19.

IMPLEMENTATION ACTIONS | 12-3

2. Design guidelines update. Update the City’s design guidelines to encourage human-scale urban design at the neighborhood-, block-, and building-scale to promote walkability and social interaction. Elaborate and expand upon the contents of the Land Use + Community Design and Mobility Elements. Guidelines should specify how development along existing and planned transit lines should provide convenient, direct and safe connections to nearby transit stops and integrate transit stops into public space designs.

Medium Medium Planning
Engineering
LU-2, LU-3
LU-5
LU -6

3. Healthy development review. Work with the Riverside County Department of Public Health to create a development review process to analyze the health and social equity impacts of development proposals prior to the beginning of the CEQA review process. This could include the creation of a checklist that includes a key set of high priority questions related to how the project affects the food, recreation, and active transportation environments; affordability and access; pollution and toxics exposure; local wealth creation and other topics deemed relevant. The City can choose to integrate this review into the approval process. For larger or more complex projects the City may partner with others (the County Public Health Department, community groups, independent consultants, universities, etc.) to compile a more extensive health impact assessment.

High Short Planning
Engineering
County Public Health
LU-3

4. Community engagement process protocols. Work with community groups and the school district to create minimum protocols for community outreach and engagement processes for different types of municipal decisions so community members can easily learn about input opportuniti es and know how best to contribute. These protocols should be utilized by all City departments and could include a single electronic database/spreadsheet of institutions, community groups, business, and interested individuals who want to receive meeting announcements; a list of public outreach methods; Spanish translation/interpretation guidance (in what cases to use); social media strategies; youth engagement; provision of food and child-care at public meetings; and other related items. The City should also consider purchasing translation headsets to support increased inclusion.

High Short Planning
City Clerk
School District
Local community groups
LU-15

5. Sphere of Influence update. Update the City’s Sphere of Influence to exclude undevelopable land in Sub-Area 17. Medium Medium Planning LU-1

6. Open space conservation strategy. Create an open space conservation program that prioritizes which open space lands to preserve. Emphasize the creation of a citywide greenbelt to achieve conservation goals.

Medium Medium Planning
Parks
LU-2
LU-4

7. Economic development strategic plan. Develop a long-term economic development strategy that develops and retains businesses and a strong middle class in Coachella for the decades to come. The plan should place a strong importance on creating quality jobs in Coachella for existing Coachella residents, career support programs and lifelong education, and professional development. The plan should also highlight the community’s desire for industries that use a “triple bottom line” (health/people, environmental sustainability and profit) and invest back into Coachella’s local economy.

High Short Planning
City Manager
Finance
Library
LU-2
LU-7
LU-10
LU-11

8. Fiscal impact assessment fees. Establish guidelines and create a fiscal impact assessments fee structure for new projects over 20 acres. High Medium Planning Finance
LU-13

9. Historic preservation study. Study neighborhoods with a significant number of buildings over 50 years old to determine whether historic districts should be established. Create and maintain an inventory of historic and pre-historic sites, structures and landmarks of historic and cultural significance in order to determine the potential impact on these resources from proposed projects.

Low Ongoing Planning LU-1
Attachment 1

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Item 19.

Coachella Resident Engagement Academy
Application
Application deadline is 6:00pm on Friday, September 6, 2024 The Coachella Resident Engagement Academy introduces members of the community to the inner workings of the City of Coachella. This program provides participants with a comprehensive curriculum that will highlight key department and contributors that work together to keep Coachella thriving and evolving.

NAME:

ADDRESS:

TELEPHONE: E-MAIL:

PLEASE FURNISH A BRIEF RESPONSE TO THE QUESTION BELOW:

What motivates you to participate in the Coachella Resident Engagement Academy? What are your expectations and goals for participating in the program?
PLEASE LIST ANY FOOD RESTRICTIONS:

PLEASE SELECT YOUR SHIRT SIZE (UNIVERSAL): S M L XL XXL The Coachella Resident Engagement Academy is scheduled to commence on October 1, 2024, and will be held every Tuesday from 6:00pm-8:00pm for the duration of seven weeks, concluding on November 19, 2024.

Applicants must commit to attending all seven sessions. In order to be eligible to receive a $250 stipend, participants must attend all sessions. Light dinner and refreshments will be included. Applicants must be 16 years of age or older to participate. Please note that the class size will be restricted to a maximum of 25 participants.

Applicant Signature: Date:

Attachment 2

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Item 19.

Solicitud de Participación Para la Academia de
Residentes de Coachella
Por favor someta su solicitud antes del 06 de septiembre de 2024 a las 6:00pm La academia de los residentes de Coachella presenta a los miembros de la comunidad el funcionamiento interno de la ciudad de Coachella. Este programa proporciona a los participantes un plan comprensivo que destaca los departamentos esenciales y contribuidores que trabajan juntos para que Coachella siga prosperando y evolucionando.

NOMBRE:

DOMICILIO:

TELEFONO: CORREO ELECTRONICO:

POR FAVOR PROPORCIONE UNA BREVE RESPUESTA A LA SIGUIENTE PREGUNTA:
¿Qué te motiva a participar en la academia residencial de Coachella? ¿Qué son tus expectativas y metas para la academia?
POR FAVOR ANOTE CUALQUIER RESTRICCION ALIMENTARIA:

SELECCIONE SU TALLE DE CAMISA (UNIVERSAL): S M L XL XXL La academia de participación de los residentes de Coachella va comenzar el 01 de octubre de 2024 y llevará a cabo los martes de 6pm a 8pm durante siete semanas, concluyendo el 19 de noviembre de 2024. Los solicitantes tendrán que comprometerse a asistir las siete sesiones. Para ser elegible para recibir un estipendio de $250, los participantes tendrán que asistir todas las sesiones. Se incluirá cena ligera y refrescos. Tenga en cuenta que el tamaño de la clase será un máximo de 25 participantes.

Firma del solicitante: Fecha:

Attachment 2

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Item 19.

Attachment 3

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Item 19.

Attachment 3

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Item 19.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize City Manager to approve Change Order No. 1 for the Multi-Site Energy Improvement Project awarded to Alliance Building Solutions, Inc. for an additional amount of $242,144.00 to install smart controls to city owned street light fixtures improving maintenance repair response times; authorize allocation from undesignated general funds revenue in the amount of $242,144.00.

STAFF RECOMMENDATION:

Authorize City Manager to approve Change Order No. 1 for the Multi-Site Energy Improvement Project awarded to Alliance Building Solutions, Inc. for an additional amount of $242,144.00 to install smart controls to city owned street light fixtures improving maintenance repair response times; authorize allocation from undesignated general funds revenue in the amount of $242,144.00 and find that bidding the work would not produce an advantage and be impractical.

BACKGROUND:

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

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

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

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

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Item 20.

On November 8, 2023, the City Council approved Resolution No. 2023-72, allowing staff to execute and deliver financing documents to finance the Project without the process optimization improvements at the Wastewater Treatment Plant. The total awarded project improvements with this final adjustment in scope totaled $7,157,601.

DISCUSSION/ANALYSIS:

The Project is currently seventy percent complete. The energy improvements at Bagdouma Park, Rancho Las Flores Park, Public Works Building and Bagdouma Park Community Center have been completed. Improvements at the following sites are still ongoing: City-wide, Civic Center and the Wastewater Treatment Plant.

The City-Wide improvements include installation of decorative lighting along 6th Street and upgrading city street lights from HPS (high pressure sodium) to LED (light emitting diode) fixtures. These improvements will provide both energy and maintenance operations savings. Staff is recommending installing smart controls to the new fixtures, which was not original to the scope of work. The added smart controls would provide real time information to staff when street light fixtures are not operating due to power/sensor/bulb failures; this access to information of the city street light assets will allow staff to repair non-operable street lights more responsively. It is timely to include this additional work now as the smart controls can be installed at the same time as the new fixtures, thus not requiring additional costs to be incurred at a later time for installation. It is estimated the city will see additional operations and maintenance savings over the next 10-15 years of $136,562 by including these smart controls to its street light fixtures.

A public entity is exempted from competitively bidding a public project when the governing body finds that “the nature of the subject of the contract is such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement for competitive bid would thus be undesirable, impractical, or impossible.” (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, 637.) Here, Alliance is already mobilized and performing work on the installation of the lighting fixtures. Bidding the work would not produce an advantage because Alliance is already mobilized and a separate contractor would have to uncover work performed by Alliance; Alliance can install the controls while performing its current work. This produces cost efficiencies that support a finding that there would be no advantage to the City generated by the City’s competitive bidding of the work in the change order and that competitively bidding would be impractical.

FISCAL IMPACT:

The recommended action will require an allocation from undesignated general fund in the amount of $242,144 as the financing has not finalized.

Attachment:

Change Order No. 1

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Item 20.

Date June 3, 2024
Project

PROJECT TOTAL
TOTAL $ 242,144.00

DESCRIPTION
City of
Coachella
Thank you for your business.

ACCEPTANCE OF CHANGE ORDER
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.

EXCLUSIONS
Presented by:

Chase White
$ 242,144.00
[email protected]
Contact
Note: This Change Order may be withdrawn if not accepted within 30 days Alliance Building Solutions City of
Coachella
Provide and Install Smart Controls to each Street Light Fixture. This includes installation, commissioning, and a 10year service contract with Signify (Manufacturer).

Alliance Building Solutions
12520 High Bluff Drive, Suite 345
San Diego, CA 92130
(213) 247-4613
Coachella, CA 92236
Change Order #1
Customer
City of Coachella
City of Coachella
53990 Enterprise Way

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Item 20.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
Jason Hernandez, Planning Commission Chair
SUBJECT: Planning Commission Workplan Fiscal Year (FY) 2024-2025 STAFF RECOMMENDATION:

Staff recommends that the City Council approve the Planning Commission workplan for fiscal year 2024-2025.

BACKGROUND:

The Planning Commission performs important functions and duties for the City of Coachella that include:
 Advise and recommend to the City Council, planning director, municipal departments and agencies with respect to city planning and related activities and legislation  Serve as the decision-making body for Architectural Review, Conditional Use Permits, and Variances
 Serve as the advisory body with respect to historic preservation The Planning Commission developed a work plan with specific goals and objectives for this fiscal year for Council approval. Staff recommends that the City Council approve the Planning Commission’s FY 2024-2025 Work Plan.

DISCUSSION/ANALYSIS:

The Planning Commission accomplishments for FY 2023-2024 include the following:

Accomplishments
 Wireless Telecommunication Facility
Compliance
 Sidewalk Vendor Ordinance review
 Short Term Rental Study Session
 ADU Plan Adoption
 Coachella Housing Element
 Zoning Consistency Update
 General Plan Update to Planning Areas
 Objective Design Standards
 3 Commissioners Attended Planning
Commissioner Academy
 Landscape Maintenance for
Commercial Development
 Building and Safety Community
Workshops

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Item 21.

The Planning Commission also considered major developments in the City which are listed below:
 Pyramid Ranch by Pulte Homes for 204 Single Family Residential Units  Monarca Salon
 Panda Express
 Sunridge Self-storage
 Love’s Travel Stop Remodel
 Coachella Islamic Center Parking Lot
 Encanto TTM 39429 111 Single Family Residential Units and 81 ADUs  Sunline Transit Hub modifications
The Planning Commission goals for FY 2024-2025 were considered by the Commission and listed below in addition known planned efforts.

Planning Commission Workplan FY 2024-25
• Small Business Preservation Study Session
• City Public Utility Opportunities for electric and broadband services Study Session • Legislative Updates Study Session
• Short Term Rental and Transit Occupancy Tax Study Session • Sidewalk Vendor Transition to Brick and Mortar Business Study Session • Design review of the Library Annex Project
• Revisit Citywide Landscape Standards existing and future development • Historic Preservation: Historic Inventory and Historic Context Statement • Revisit Progress of City’s Accessory Dwelling Unit (ADU) program • Coachella Blue Zone efforts – Health and Wellness
• Cesar Chavez Street Corridor Technical Assistance Panel by CA American Planning Association
• Rail Station Feasibility Study
• Wireless Telecommunication Facility Annual Compliance RECOMMENDATION:

Approve the Planning Commission workplan for fiscal year 2024-2025.

Page 179 ends

Item 21.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Delia Granados, Deputy City Clerk
SUBJECT: Designate a Voting Delegate and Alternates to the League of California Cities Annual Conference & Expo.

STAFF RECOMMENDATION:

Staff recommends that the City Council designate a voting member and two alternates to attend the Friday, October 18, 2024, League of California Cities Annual Business Meeting. The voting delegate is required to register and attend the League Conference.

BACKGROUND:

The League of California Cities is one of the primary lobbying organizations for municipalities at the State level. A number of key policy decisions are made in order to support cities and represent municipal interests to the Assembly and the Governor. In order to ensure that the views of the City of Coachella are represented to the League in formulating their policies, the Council must designate a delegate to represent the City at the League Conference and the Annual Business Meeting.

DISCUSSION/ANALYSIS:

The League’s 2024 Annual Conference & Expo is scheduled for October 16-18, 2024, in Long Beach, California. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly). The General Assembly will be held on Friday, October 18, 2024. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

The City of Coachella must designate a voting delegate to represent the City at the Annual Business Meeting. Staff is requesting the Council also appoint up to two alternate voting delegates. One of these delegates may represent the City in the event that the designated voting delegate is unable to attend the conference.

The designation of a voting delegate and alternates must be done by City Council action and a copy of the Council action reflecting the Council’s selection must be forwarded to the League no

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Item 22.
later than September 25, 2024. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only.

ALTERNATIVES:

The only alternative action is for the Council to choose not to designate a representative for the City at the Annual Conference and Business Meeting of the League of California Cities.

FISCAL IMPACT:

The voting delegate is required to register and attend the League Conference. The City will incur any expenses necessary for this registration for the delegate to attend the conference during this period.

Attachment: Annual Conference Voting Procedures and Schedule

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Item 22.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024

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Item 22.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

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Item 22.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Page 184 ends

Item 22.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 185 Item 22.

STAFF REPORT
7/24/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
Dr. Gabriel Martin, City Manager
SUBJECT: Adopt Resolution No. 2024-43 Calling for the Placement of a General Tax Measure on the November 5, 2024 General Municipal Election Ballot Amending the City’s Transient Occupancy Tax from 9% to 13%, Updating the Ordinance’s Terms to Address Third Party Bookings and Making Other Conforming Updates.

STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2024-43 calling for the placement of a General Tax Measure on the November 5, 2024 General Municipal Election Ballot amending the City’s Transient Occupancy Tax rate from 9% to 13%, and updating the ordinance to address online travel company and other third party bookings and making other conforming changes; requesting the County of Riverside to consolidate said election with the statewide general election of even date; and setting rules and deadlines for arguments and rebuttals for and against the measure.

BACKGROUND:

At the July 10, 2024 Study Session, staff was directed to return with a resolution to place a measure on the November 5, 2024 ballot that would increase the City’s transient occupancy tax (TOT) on hotel accommodations with the city. The term “hotel” means any structure or any portion of any structure including mobile home spaces or trailer spaces which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, single family residential home or house, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structures or portion thereof. This direction follows previous discussions on TOT rates at the December 6, 2023 Planning Commission meeting.

The City Council also desires to modernize the Coachella Municipal Code to allow for the imposition and collection of the TOT on the full rent charged to a guest for hotel occupancy, whether the occupancy is booked directly by the guest, through online travel companies which enable guests to purchase occupancy via the Internet, or through online short term rental companies

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Item 23.
operating to facilitate connections in the rental market or otherwise broker short term rentals between a host and a guest, or by similar electronic means.

DISCUSSION/ANALYSIS:

Following discussion at these meetings, the Council has elected to move forward to consider an increase in the City’s TOT rate from 9% to 13% as proposed in the Resolution shown as Attachment 1. The City’s TOT rate has not been raised previously and generates approximately $822,617 in TOT revenue through hotel and other lodging establishments. The proposed increase would generate additional general revenue for City services identified by the Council including, but not limited to, fire, police, paramedic services, street operations and maintenance, library services, parks and recreation services, and general municipal services to the public, and as such the measure would require majority approval from voters.

The Resolution in Exhibit “A” includes Ordinance No. 2024-1211, which would formalize this increase in the TOT rate if voters approve the ballot measure. The Council may make revisions to the Ordinance following voter approval as long as such revisions do not increase the tax amount or the methodology for imposing the tax beyond that which was approved by the voters. Given the timing of working with the County Registrar of Voter’s office in placing the tax measure on the ballot, staff is recommending that the Council adopt this Resolution as proposed or with revisions at this meeting in order to meet the timeframe of the County Clerk’s deadline of August 9, 2024 for receiving materials for the November 2024 ballot.

FISCAL IMPACT:

The cost of placing the measure on the ballot is estimated at $15,000. If passed, this measure would possibly generate an approximate $350,000 for the General Fund.

ALTERNATIVES:

The City Council has the following alternatives to consider:

1. Adopt the Resolution placing the proposed tax measure on the ballot;

2. Provide staff with revisions to the Resolution and draft Ordinance and then adopt the document; or

3. Provide alternate direction to staff.

ATTACHMENTS:

1. Resolution No. 2024-43 - Adopt Resolution No. 2024-43 Calling for the Placement of a General Tax Measure on the November 5, 2024 General Municipal Election Ballot Amending the City’s Transient Occupancy Tax from 9% to 13%, Updating the Ordinance’s Terms to Address Third Party Bookings and Making Other Conforming Updates.

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Item 23.

2. Exhibit A – Ordinance No. 2024-1211- Amending Chapter 4.28 of Title 4 (Revenue and Finance) of the Coachella Municipal Code Increasing the Maximum Rate of the City’s Transient Occupancy (Hotel) Tax from 9% to 13%, Addressing Online Travel Company and Other Third Party Bookings and Making Other Conforming Changes.

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Item 23.

RESOLUTION NO. 2024 -43

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

CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX
MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

BALLOT FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A
PROPOSED ORDINANCE AMENDING THE CITY’S TRANSIENT OCCUPANCY (HOTEL) TAX CODE BY INCREASING THE MAXIMUM RATE FROM 9% TO 13%, ADDRESSING ONLINE TRAVEL COMPANY AND OTHER THIRD PARTY BOOKINGS AND MAKING OTHER CONFORMING CHANGES; REQUESTING

THE COUNTY OF RIVERSIDE TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES

AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE.

WHEREAS, pursuant to Chapter 4.28 of Title 4 (Revenue and Finance) of the Coachella Municipal Code (C.M.C. Sections 4.18.010 through 4.18.140), the City currently imposes a Transient Occupancy (Hotel) Tax (“TOT”) at the maximum rate of nine percent (9%) upon guests of hotels and other transient accommodations within the City; and WHEREAS, the City Council desires to propose an amendment to the Coachella Municipal Code to increase the maximum rate of the TOT from nine percent (9%) to thirteen percent (13%); and
WHEREAS, the City Council also desires to modernize the Coachella Municipal Code to allow for the imposition and collection of the TOT on the full rent charged to a guest for hotel occupancy, whether the occupancy is booked directly by the guest, through online travel companies which enable guests to purchase occupancy via the Internet, or through online short term rental companies operating to facilitate connections in the rental market or otherwise broker short term rentals between a host and a guest, or by similar electronic means; and WHEREAS, pursuant to Section 9222 of the California Elections Code and Sections 7280 and 7281 of the California Revenue and Taxation Code, the City Council has the authority to place a measure on the ballot regarding the imposition, extension or increase in a local transient occupancy tax to be considered by the voters at a Municipal Election; and WHEREAS, the TOT is a general tax the proceeds of which are deposited into the City’s general fund and which pay for City services such as police, fire and paramedic services, street operations and maintenance, library services, parks and recreation services and general municipal services to the public; and
WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and
WHEREAS, the proposed amendments which increase the rate of the TOT constitute a tax “increase” subject to Proposition 218; and
WHEREAS, the proposed amendments which apply the TOT rate to the total rent charged to a guest for transient occupancy in a hotel (including any retail markup and other charges

Page 189 ends

Item 23.

City of Coachella
Resolution No. 2024-43

Page 2 ends

imposed through purchase of occupancy through an agent, on-line travel company, or online short term rental company) may also be characterized as an “increase” in the TOT under Proposition 218; and
WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and
WHEREAS, the City’s general municipal elections for officers are held on the first Tuesday after the first Monday in November of each even-numbered year. Therefore, the next regularly scheduled General Municipal Election for the election of members of the City Council will be held on Tuesday, November 5, 2024; and
WHEREAS, based on the above, the City Council desires to submit a measure to the voters at the November 5, 2024 General Municipal Election seeking approval of the proposed TOT rate increase from 9% to 13% and modernizing the ordinance to address online travel company and other third party bookings (the “Measure”). The specific terms relating to the Measure are provided for in the ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws; and
WHEREAS, pursuant to Proposition 62 (Government Code Section 53724), a two-thirds (2/3) vote of the City Council membership is required to place the measure on the November 5, 2024 ballot; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the Riverside County election department canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Measure in accordance with applicable California Elections Code procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference are made an operative part hereof.

SECTION 2. Submission of Ballot Measure. Pursuant to California Government Code Section 53724, Elections Code Section 9222, Revenue and Taxation Code Sections 7280 and 7281, and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a two-thirds (2/3) vote of its membership, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, November 5, 2024.

Page 190 ends

Item 23.

City of Coachella
Resolution No. 2024-43

Page 3 ends

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 5, 2024, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
“Shall the measure to increase the rate of the City’s
Transient Occupancy (Hotel) Tax from 9% to a maximum of 13%, providing approximately $350,000 annually until
ended by voters for general City services such as City
parks, streets and public safety, and applying the tax to all rent charged to hotel guests, including by online travel and short term rental companies, for transient occupancy of any hotel, be adopted?"
YES
NO
SECTION 4. Election Procedures.

A. The ballots to be used at the election shall be in the form and content as required by law.

B. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of submitting to the voters the question relating to the City’s Measure.

C. The election services which the City of Coachella requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers, and election officers, the preparation, printing, mailing and furnishing of vote-by-mail ballots, making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places and voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Coachella; and the performance of such other election services as may be requested by the City Clerk.

D. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of Riverside, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

E. The polls, vote centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of Riverside, except as otherwise provided in the Elections Code of the State of California.

F. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

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Item 23.

City of Coachella
Resolution No. 2024-43

Page 4 ends

G. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

H. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

I. The Riverside County Registrar of Voters is hereby authorized to canvass the returns of said election.

J. The City Clerk of the City of Coachella shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which arguments may be changed until and including Monday, August 19, 2024, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Measure ____. If you desire a copy of the Measure, please call the election official’s office at (760) 398-3502 and a copy will be mailed at no cost to you.”

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D. That the provisions of this Section 5 herein shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 6. Rebuttals.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than Thursday, August 29, 2024. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 herein shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Measure at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Measure attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of Riverside County and to the Registrar of Voters of Riverside County.

SECTION 9. Public Examination. Pursuant to California Elections Code section 9295, the Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. CEQA. The City Council hereby finds and determines that the ballot Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

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APPROVED AND ADOPTED this ____ day of _____________, 2024. ________________________________
STEVEN HERNANDEZ, Mayor
ATTEST:
______________________________
ANGELA M. ZEPEDA, City Clerk
I, Angela M. Zepeda, City Clerk of the City of Coachella, California, do hereby certify that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted by at least four (4) affirmative votes of all members at a regular meeting of the City Council of the City of Coachella on the ____ day of ________, 2024, by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSENT: Council Member:

ABSTAIN: Council Member:
________________________________
ANGELA M. ZEPEDA, City Clerk

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EXHIBIT “A”
ORDINANCE NO. 2024-1211

AN ORDINANCE OF THE PEOPLE OF THE CITY OF COACHELLA,
CALIFORNIA, AMENDING CHAPTER 4.28 OF TITLE 4 (REVENUE AND

FINANCE) OF THE COACHELLA MUNICIPAL CODE INCREASING THE MAXIMUM RATE OF THE CITY’S TRANSIENT OCCUPANCY (HOTEL) TAX FROM 9% TO 13%, ADDRESSING ONLINE TRAVEL COMPANY AND OTHER THIRD PARTY BOOKINGS AND MAKING OTHER CONFORMING CHANGES. (NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout) THE PEOPLE OF THE CITY OF COACHELLA DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Coachella at the General Municipal Election so designated by the City Council in a separate resolution placing the proposal on the ballot for such election, Chapter 4.28 of Title 4 of the Coachella Municipal Code is hereby amended to read as follows:
"Chapter 4.28 – TRANSIENT OCCUPANCY TAX

4.28.010 - Title.

This chapter shall be known as the "Uniform Transient Occupancy Tax Ordinance of the City of Coachella."

4.28.020 - Definitions.

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:
"Hotel" means any structure or any portion of any structure including mobile home spaces or trailer spaces which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, single family residential home or house, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structures or portion thereof.
"Occupancy" means the use or possession, or the right to use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. "Operator" means the person who is the proprietor of a hotel, or any other person who has the right to rent rooms within the hotel to customers or to facilitate the rental of rooms, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, seller, reseller, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purpose of this chapter and shall have the same duties and liabilities as his or her principal. Full Ccompliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

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“Online Short Term Rental Company” shall mean any person, whether operating for profit or not for profit, which facilitates the connection between transients aiming to purchase occupancy in any hotel via the Internet, or by similar electronic means. “Online Travel Company” shall mean any person, whether operating for profit or not for profit, which enables transients to purchase occupancy in a hotel via the Internet, or by similar electronic means.
"Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. "Rent" means the total consideration charged to the transient, (including but not limited to, room rates, service charges, parking fees, purchase price, advance registration, block or group reservation charges, assessments, retail markup, commission, processing fees, cancellation charges, attrition fees, or online booking or broker fees), whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Nothing in this definition shall be construed to mean that rent is charged directly or indirectly for occupancy in a hotel when a room is provided to the transient as a compliment for the operator and where no consideration is charged to or received from any other person. Further, bona fide charges for food and beverages which are subject to tax under the California Sales and Use Tax Law (Revenue and Taxation Code Sections 6001 et. seq.) shall not be deemed rent subject to the tax imposed by this chapter.
"Tax administrator" means the City‘s director of finance who shall be charged with administration of the tax under this chapter.
"Transient" means any and all persons who exercise occupancy or are entitled to occupancy by reason of concession, permit, right of access, license or other agreement, for a period of the first thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.

The following rules shall apply to this definition:

1. Any such person so occupying or entitled to occupy space in a hotel shall be deemed to be a transient until the period of thirty (30) calendar days has expired.

Any person who exercises or is entitled to occupancy for a period of thirty (30) consecutive calendar days or less shall be deemed to be a transient, regardless of whether the reservation and payment or payment for occupancy is made directly by the person exercising or entitled to occupancy or by another person or entity. The intent is to tax the person occupying or having the entitlement to occupy the hotel room.

2. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered.

3. The fact that a person continues to occupy the hotel subsequent to the thirty (30) day period does not alter his status as a transient for the first thirty (30) days. In the event a person exercises or is entitled to occupancy for a continuous and uninterrupted period of longer than thirty (30) calendar days, he or she shall be deemed a transient and subject to the tax for only for the first thirty

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(30) calendar days of occupancy. The person shall cease being a transient and the tax shall not apply to the thirty-first (31st) calendar day and each following calendar day of continuous and uninterrupted occupancy.

However, any break or interruption in occupancy shall start a new thirty (30) calendar day period subject to the tax.

4.28.030 - Imposed—Payment.

A. For the privilege of transient occupancy in any hotel, a transient is subject to and shall pay a maximum tax in the amount of nine thirteen percent of the rent charged paid by the operator transient for any period of time up to thirty (30) days, save and except such occupancy is for a term longer than thirty (30) days. Such tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator, a rental agent pursuant to Section 4.28.055 of this chapter, or to the city. The transient shall pay the tax to the operator of the hotel or rental agent at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax is not paid to the operator of the hotel or rental agent, the tax administrator may require that such tax be paid directly to the tax administrator.

B. In the case of time sharing uses, the transient occupancy tax shall be computed by averaging the daily room rates for conventionally utilized transient living facilities of the same approximate size and within the same zone in the city as defined by the finance director and applying the tax rate under this chapter thereto. Upon computation of such daily average room rates, the taxes may be increased every year in an amount equivalent to the percentage increase in the Los Angeles Consumer Price Index and the applicable tax computed therefrom. The daily average room rate, as computed and adjusted in this section, shall also be collected for each day time sharing units are rented on a conventional basis.

4.28.040 - Exemptions.

No tax shall be imposed upon:

A. Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax provided in this section;
B. Any federal or state of California officer or employee when occupying a room while on official business; and
C. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. Any officer or employee when on official government business claiming such an exemption shall provide to the operator or rental agent as conclusive evidence that his or her occupancy is for the official business of his or her employer:

1. Travel orders from his or her government employer; or a government warrant issued by his or her employer to pay for the occupancy; or a government credit card issued by his or her employer to pay for the occupancy; and

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Coachella City CouncilJuly 24, 2024

Coachella City Council
July 24, 2024