Agenda packet — Coachella City Council, September 25, 2024 (part 2 of 3)

Item 16.
80237.00000\34369633.1
BB&K (2021) -6- PROFESSIONAL SERVICES AGREEMENT–ON CALL

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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Item 16.
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BB&K (2021) -7- PROFESSIONAL SERVICES AGREEMENT–ON CALL (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance

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Item 16.
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BB&K (2021) -8- PROFESSIONAL SERVICES AGREEMENT–ON CALL through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and

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Item 16.
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BB&K (2021) -9- PROFESSIONAL SERVICES AGREEMENT–ON CALL volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it

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Item 16.
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BB&K (2021) -10- PROFESSIONAL SERVICES AGREEMENT–ON CALL is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's 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 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the

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Item 16.
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BB&K (2021) -11- PROFESSIONAL SERVICES AGREEMENT–ON CALL Consultant’s proportionate percentage of fault.

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

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

Consultant: STRATEGIC ENERGY EXPERTS
7002 Soundview Drive
Gig Harbor, WA.

ATTN: Gary S. Saleba
City: City of Coachella
53990 Enterprise Way
Coachella, CA 92236
ATTN: Dr. Gabriel Martin, City Manager
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

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BB&K (2021) -12- PROFESSIONAL SERVICES AGREEMENT–ON CALL applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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Item 16.
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BB&K (2021) -13- PROFESSIONAL SERVICES AGREEMENT–ON CALL

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

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

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 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.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements

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BB&K (2021) -14- PROFESSIONAL SERVICES AGREEMENT–ON CALL pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services 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.

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

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

3.7.15 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.

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

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,

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BB&K (2021) -15- PROFESSIONAL SERVICES AGREEMENT–ON CALL illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

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

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

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders

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Item 16.
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BB&K (2021) -16- PROFESSIONAL SERVICES AGREEMENT–ON CALL

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF COACHELLA AND

STRATEGIC ENERGY EXPERTS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF COACHELLA STRATEGIC ENERGY EXPERTS
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Gabriel D. Martin, Ph.D.

City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney:
____________________________________
Attested By:

City Clerk

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Item 16.
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BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "A"

SCOPE OF SERVICES
Task Fee
Phase 1-Supervision and Management
 Finalize Greenfield Utility Paperwork $ 5,000
 Analysis of Existing IID Transmission Capacity and Determine Process for Obtaining
$ 5,000
 Define Harrison/Polk Substation Timing, Location and Cost $ 5,000  Determine Best Power Supply Option for Phase 1 $ 5,000  RFP for turnkey developer/operator
Phase 1 subtotal
$ 5,000
$ 25,000
Phase 2-Supervision and Management
 Determine Best Power Supply Options for Phase 2 $ 5,000  Define new 230 kV Transmission Timing, Location and Cost, and Determine Feasibility of SCE Interconnection
$ 5,000
 Phase 2 Proforma $ 5,000
General-Supervision and Management
 Review west Riverside Munis $ 3,000
 Verify CMU Map $ 3,000
 LAFCO Paperwork $ 5,000
 Confirm 1934 Compromise Agreement Boundaries $ 3,000
 Develop Financial Plan $ 5,000
TOTAL $59,000

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Item 16.
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(BB&K 2017) Exhibit “B”-2
EXHIBIT "B"

SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF COACHELLA STRATEGIC ENERGY EXPERTS
Dated: Dated:

By: By:

Title: Title:

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Item 16.

S.E.E.

STRATEGIC ENERGY EXPERTS
Gary Saleba 425.260.6678 [email protected] August 15, 2024
Gabriel D. Martin, Ph.D.

City Manager
City of Coachella
53990 Enterprise way
Coachella, CA 92236
Dear Dr. Martin:

It is with pleasure that Strategic Energy Experts (SEE) presents this proposal to assist the City of Coachella (City) with setting up a greenfield electric utility to service its economic development zones (EDZ) and subsequently provide electric service to its newly formed City Municipal Utility (CMU). This proposal contains a conceptual framework for this Project, a scope of work, schedule and budget for the proposed activities performed by SEE. Each of these areas is discussed below.

Conceptual Framework for this Project
The City has a goal to begin serving electricity to its two EDZs and ultimately the entire CMU. The seemingly easiest and most efficient way to achieve this goal is to phase the City into the electric utility business via setting up a “greenfield” electric utility to serve primarily the EDZs (Phase 1), then later expanding the City’s electric utility footprint to the City’s entire CMU (Phase 2). SEE proposes to be the Project Manager for these undertakings. This phase-in plan is described in more detail below.

Overview of Greenfield Utility Business Model
California regulation provides for a municipality to offer electrical service in undeveloped areas where there is little incumbent electric utility equipment. These new municipal electric utility entities are called “greenfield” utilities.

The City’s General Plan (GP) divides the City into planning zones (Subareas) and provides zoning development information along with the amount of undeveloped land.

Subareas 7 and 10 each contain an EDZ. These two Subareas are prime locations for the City to initiate Phase 1 of its greenfield electric utility as both Subareas 7 and 10 have large amounts of undeveloped land and little incumbent electric utility facilities. This undeveloped land could be used for new warehouse space, industrial development, commercial applications and other retail purposes.

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Item 16.

S.E.E.

STRATEGIC ENERGY EXPERTS
7002 Soundview Drive, Gig Harbor, WA. www.strategicenergyservices.com Phase 1 – Plan of Service
In order for the City to form a greenfield utility in Subareas 7 and 10, it would be necessary to build and interconnect two new substations with the existing IID 92 kV transmission line. The existing IID transmission line, based on preliminary analysis, has some capacity for wheeling power to the City’s greenfield utility.

The two new substations have been referred to as Harrison Substation (in Subarea 7) and Polk Substation in (in Subarea 10). Longer range in Phase 2, these stations may operate at 230 kV but for Phase 1 could operate at 92 kV if the initial Subareas 7 and 10 load is within the capacity limits of the existing IID transmission line.

Initially for Phase 1 power supply, it is likely that power purchase agreements (PPA) will be used that contain the required amount of RPS energy content. In the short term, the IID 92 kV line could be used to deliver power to the two new substations and on into the greenfield areas. IID also has a Schedule A-2 – General Wholesale Power Service which might be available on a short-term basis and to provide a bundled wholesale RPS-compliant power supply product.

SEE will coordinate and manage these Phase 1 activities.

Phase 2 – Plan of Service
Once the Phase 1 greenfield utility for the two EDZ Subareas is on a stable financial basis, the City can proceed into Phase 2. In this phase, gas generators or PPAs can be an interim step to meeting the City’s power supply demand until the construction of 230 kW interconnection transmission facilities can be completed. At the time of completion, a longer-term power supply strategy will be needed. As Phase 2 progresses, the City could begin extending the greenfield facilities into the City’s total CMU. As part of Phase 2, a new 230 kV transmission line will be needed to meet the loads of the two EDZs and the balance of the CMU load. The two substations would be connected via a 230 kV transmission line which would then extend east to the existing Coachella Valley substation for access to the California wholesale power market.

SEE will coordinate and manage these Phase 2 activities as well.

Proposed Scope of Work
Given the initial conceptual framework for this Project, the SEE team will undertake the following tasks.

Phase 1 – Specific
 Review timeline and process for forming a greenfield utility and assist in filing any required paperwork.  Coordinate determining how much capacity exists in IID’s 92 KV facilities that are in close proximity to the EDZs.
 Determine process and timeline to gain access to the 92 KV IID facilities. Assist other City staff and consultants in negotiating the required power products from IID.

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Item 16.

S.E.E.

STRATEGIC ENERGY EXPERTS
7002 Soundview Drive, Gig Harbor, WA. www.strategicenergyservices.com  Assist in identifying the best location, cost and construction timeline for new Harrison and Polk substations.
 Supervise finding the best RPS compliant power supply options for Phase 1 to include pricing.  Oversee the production of a 10-year financial proformas for greenfield utility to include load forecast, power supply and operating expenses, and capital costs.  Develop and evaluate a request for proposal for a third party to set up and operate a turnkey municipal utility on behalf of the City in lieu of the City undertaking these tasks independently.

Phase 2 – Specific
 Supervise the determination of the best and RPS-compliant power supply options to include PPAs, City-owned generation, IID and independent power producer along with estimated costs.  Coordinating the identification of the route and cost of 230 kV transmission line interconnection Polk and Harrison substations to the existing Coachella substations. Also, determine if there is a feasible Southern California Edison interconnection option and who would provide load balancing services and other ancillary power supply services.
 Provide QC/QA of a 10-year financial proforma for Phase 2 operations with attendant CMU retail rates and compare to IID forecasted retail rates.

Additional General Deliverables
 Review prior western Riverside County utility load forecasts.  Verify map of CMU service territory.
 Participate in LAFCO process and assist in filing sphere of influence paperwork, if needed.  Confirm Boundaries of 1935 Compromise Agreement.
 Develop financing plan for CMU capital facilities.
 Develop and evaluate a request for proposal for a third party to set up and operate a turnkey municipal utility on behalf of the City and in lieu of the City undertaking these tasks independently.

Schedule
The schedule for completing this scope of work and preparing a draft report will be determined by the City and accepted by SEE.

Budget
SEE bills on a time and materials basis. Our standard billing rates are:

Principal/Executive Consultant.....................................................................$260 Managing Director.......................................................................................... 240 Senior Project Manager.................................................................................. 230 Project Manager............................................................................................. 220 Senior Analyst/Engineer................................................................................. 195 Analyst............................................................................................................ 170 Based upon the aforementioned scope of services and standard billing rates, we estimate the labor budget for this Project as follows:

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Item 16.

S.E.E.

STRATEGIC ENERGY EXPERTS
7002 Soundview Drive, Gig Harbor, WA. www.strategicenergyservices.com Task Fee
Phase 1-Supervision and Management
 Finalize Greenfield Utility Paperwork $ 5,000
 Analysis of Existing IID Transmission Capacity and Determine Process for Obtaining
$ 5,000
 Define Harrison/Polk Substation Timing, Location and Cost $ 5,000  Determine Best Power Supply Option for Phase 1 $ 5,000  RFP for turnkey developer/operator
Phase 1 subtotal
$ 5,000
$ 25,000
Phase 2-Supervision and Management
 Determine Best Power Supply Options for Phase 2 $ 5,000  Define new 230 kV Transmission Timing, Location and Cost, and Determine Feasibility of SCE Interconnection
$ 5,000
 Phase 2 Proforma $ 5,000
General-Supervision and Management
 Review west Riverside Munis $ 3,000
 Verify CMU Map $ 3,000
 LAFCO Paperwork $ 5,000
 Confirm 1934 Compromise Agreement Boundaries $ 3,000
 Develop Financial Plan $ 5,000
TOTAL $59,000
Any out-of-pocket expenses incurred in conjunction with this Project will be billed at cost to the City. Outof-pocket expenses will be minimal.

It should be noted that the aforementioned budget covers all SEE supervisory and management fees up to the actual City or third-party operation of the CMU. If there is a fatal flaw in the CMU concept and pursuit of the CMU project ceases, the SEE-related charges will be much less. At this point, we are only requesting authority to proceed with Phase 1 activities of $25,000. The balance of the activities noted above will be approved by subsequent City actions.

We hope you find this proposal responsive to your needs. We look forward to discussing this proposal with you at your earliest convenience.

Very truly yours.
/s/
Gary S. Saleba
Principal
Strategic Energy Experts, LLC

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Item 16.

STAFF REPORT
9/25/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Appointment of ten Commissioners to the Coachella Youth Advisory Commission.

STAFF RECOMMENDATION:

Appointment of ten Commissioners to the Coachella Youth Advisory Commission.

EXECUTIVE SUMMARY:

In July, Council action approval of Resolution No. 2024-25 approved compensation for the existing Youth Advisory Commission (YAC). This resolution allows YAC Commissioners to receive a $50.00 compensation per scheduled meeting; subject to the presence of a quorum. Since approval of Resolution 2024-25 the City has heavily marketed the opportunity through various outlets to Coachella youth. The YAC consists of ten (10) Coachella youth members that are enrolled in high school. Their duties shall include the following:
 Act in an advisory capacity to the city council in all matters involving young people in the City of Coachella.
 Work to anticipate the educational, recreational and cultural needs of the city’s youth.  Work to ensure the coordination of the community resources in order to improve the quality of life for all its youth.

The City Clerk’s office has received the following ten (10) applications from Coachella youth for the YAC:

Youth Advisory Commission (10 open seats)

1. Alejandro Cobos

2. Sehwa Meza

3. Libni H. Valle

4. Ivan Mendez Perez

5. Dennis Castillo

6. Christian Fausto

7. Briana Lara-Saldivar

8. Allison Lopez

9. Izabella Nunez

10. Jade Arguelles

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Item 17.

Council may at this time direct selection of Commissioners as follows:
 vote to elect the applicants currently on file (attached hereto); and/or  choose to establish an ongoing application period to invite additional applicants to apply for the two vacant commissioner positions available; and/or  provide alternate direction.

FISCAL IMPACT:

None.

Attachments: Applications received (10)

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Item 17.

CITY OF COACHELLA

COMMISSION APPLICATION
NAME: ______Allison Lopez____________________________________________________ ADDRESS: ___83300 Rosa Avenue_____________________________________________ TELEPHONE: __(760)-397-6804________ E-MAIL: [email protected]____________ COMMISSION:

Youth Advisory (To be eligible for appointment to the Commission you must be enrolled in high school.

Please state your age and high school you currently attend in the “other comments” in section 5.) To be eligible for appointment to any Commission you must be a resident of the City of Coachella. Members may only serve on one commission/committee.

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

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? I should be appointed because I am a very well-aware and involved student at my high school. I have lots of experience managing youth problems. As the President of the Health Academy and Team Captain of the Varsity Tennis Team, I have gained much experience in dealing with issues affecting young people. As a low-income first-generation Latin student, I can relate to most problems students have. I’ve helped my peers with their grades, college questions, and opportunities, and just overall listened to any issues they had. I consider myself a reliable student, having handled several incidents effectively. As someone who’s lived in the city of Coachella all my life, I am incredibly grateful for all the opportunities I’ve been given and I want the chance to give back as much as possible.

2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
Everyone needs feedback and I know how much effort both the City of Coachella and the School District put into the future generation. With this being said the goals and objectives of the Commission are to build relationships and trust within the younger generation. Allowing the future Youth Advisory team to build networking will strengthen students' involvement within the community. I never miss an opportunity to grow both professionally and personally. If chosen I will help achieve these goals and objectives by promoting community service, helping organize educational workshops, maintaining an online platform to involve the students more, and mentoring any underclassmen who need help with anything. And of course, helping with any othePage 191 r issue the youth is facing at the time.

Item 17.

CITY OF COACHELLA

COMMISSION APPLICATION
PAGE 2

3. What special qualities can you bring to the Commission? One of the special qualities I can bring to the Commission is my curiosity. This trait drives me to explore new ideas, ask questions, and come up with solutions to the challenges faced by young people today. This has helped me throughout my education and I always seek to learn new things outside of the classroom as well. Another special quality I have is my optimistic trait, I’ve always believed that positive thinking can have a great impact on one’s life in many ways. I am committed to creating and maintaining a positive environment within the Youth Advisory by encouraging my peers to see the potential in every situation and to work collaboratively towards our goals. No problem is too small and every attempt means so much.

I’d love to help the youth grow professionally and help with any issues they might have. I believe these qualities can benefit the Commission.

4. Do you have any questions or comments about the Commission’s structure or functions? ● How regularly do we meet?
● Do we need letters of recommendation to apply?
● When talking about youth issues, does that extend over to elementary school or just High School? ● Who will be present at the meetings, besides the Youth Advisory?

5. Other comments and/or ideas as to how you as a member of the selected Commission could benefit the City of Coachella.

Youth Ideas
● Broadening the education on mental health at schools
● Creating a tutoring program where students can tutor other students and receive community service hours
● Creating a safer pathway to school (where the date trees are at Coachella Valley High School) ● Free SAT & ACT workshops and testing
● Access to Financial Literacy Education
● Mentorship Program
Allison Lopez
Age: 17
Attending Coachella Valley High School

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Item 17.

Signature Date: 08/03/2024
Allison Lopez
Note: Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

Youth Advisory Commission Note: The term of a Commissioner is one year from August to June; mirroring the local school district’s school year.

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected]
(Revised 10-30-2023)

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Item 17.

CITY OF COACHELLA

COMMISSION APPLICATION
NAME: _____________________________________________________________________________ ADDRESS: ___________________________________________________________________________ TELEPHONE: ______________________________ E-MAIL: _________________________________ COMMISSION:

Planning
Cultural and Arts
Parks and Recreation
Utilities User Tax Citizen Oversight (UUT)
Youth Advisory (To be eligible for appointment to the Commission you must be enrolled in high school.

Please state your age and high school you currently attend in the “other comments” in section 5.) Social Justice & Public Safety
To be eligible for appointment to any Commission you must be a resident of the City of Coachella.

Members may only serve on one commission/committee.

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

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

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

CITY OF COACHELLA

COMMISSION APPLICATION
PAGE 2
(Revised 10-30-2023)

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

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

5. Other comments and/or ideas as to how you as a member of the selected Commission could benefit the City of Coachella.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

Signature Date

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

Youth Advisory Commission Note: The term of a Commissioner is one year from August to June; mirroring the local school district’s school year.

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected]

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Item 17.

CITY OF COACHELLA

Planning
Cultural and Arts
Parks and Recreation
Utilities User Tax Citizen Oversight (UUT)
Youth Advisory (To be eligible for appointment to the Commission you must be enrolled in high school.

Members may only serve on one commission/committee.

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

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Christian Fausto
(760) 397-7535 [email protected]
49615 Cesar Chavez St SPC 82 Coachella CA 92236
I am a student who applied his time to assist in others. I along with peers have constructed documentaries and short films that was displayed in ceremonies such as the 100th water consolidation project at Westside Elementary, the closing ceremony film for the Coachella Promise Internship, and more. I believe I can strengthen the aim of the council. I feel the sense of duty to support this city and the future of all.

To offer advice and to bring up beneficial change unto the youth. To assist our peers’ endeavors and allow for greater communication between not just the youth but the general public. I see growth in communication and effort as the goal of the Commission. With my efforts and undying persistence I believe we can create community based projects that would further allow networking and teamwork among our youth. Such as documentaries and publication of projects which I am familiar with but most importantly what the youth strive on.

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Item 17.

CITY OF COACHELLA

COMMISSION APPLICATION
PAGE 2
(Revised 10-30-2023)

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

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

Signature Date

Youth Advisory Commission Note: The term of a Commissioner is one year from August to June; mirroring the local school district’s school year.

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected]
Chitinfando 08/03/2024
• I assume several perspectives of a situation and utilize what others are best at. I am not a very extroverted person nor am I so introverted; therefore, I am given the opportunity to see what my peers of both areas can do, what they want, and what their hopes for their futures are. No matter how demanding a task or project may be I am able to persevere.

What is the city’s goal?
What are some expectations?
How will information regarding the schedule be given?
It is apparent that the youth are competitive. To allow an event of competitive teamwork would not only increase communication but confidence as well.

The byproduct of youth engagement in events would be beneficial for their futures and their mentalities. I wish to assist an opportunity of that ideal.

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Item 17.

STAFF REPORT
9/25/2024
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Approve the Cooperative Agreement with the County of Riverside to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services and the Approve Cooperative Agreement between the Cities of Coachella, Indio, La Quinta and County of Riverside to Share the Cost of a Ladder Truck Company
STAFF RECOMMENDATION:

1. Approve a Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue, fire marshal and medical emergency services (Exhibit “A”);

2. Approve Cooperative Agreement between the Cities of Indio, La Quinta, Coachella, and the County of Riverside to share the cost of a ladder truck company (Exhibit “B”);

3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement; and

4. Authorize the City Manager to execute the Agreement.

BACKGROUND:

Since 1990, the City of Coachella has received “All-Risk” fire services through a Cooperative Agreement with the County of Riverside. The current contract provides fire staffing for the only fire station in the City, Fire Station #79, which is in service 24 hours a day and provides a Battalion Chief to support and oversee day-to-day operations. In addition, the current contract provides a medic engine with three Captains, three Engineers, three Fire Fighters III and Office Assistant III.

Since 2006, the City has participated in a cooperative agreement to operate a ladder truck for the mutual benefit of the Cities of Coachella, Indio, La Quinta and County. The cost allocation remains the same: the City of Indio contributes 50%, the County 25%, and the cities of Coachella and La Quinta each pay 12.5% of the actual cost of staffing and ladder truck maintenance. The estimated cost for FY 2024/25 is $271,515.

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Item 18.

DISCUSSION/ANALYSIS:

On April 2024, Chief Bill Weiser provided a memo to City partners of the increase and cost estimates for fire service for the upcoming Cooperative Agreement (Exhibit “C”). On July 18, 2024, Chief Bill Weiser provided a memo to discuss items that may impact fire services and increase cost, which include the implementation of a 66-hour work week and CalPERS retirement contribution reduction.

On July 24, 2024 (Item 12), The City Council approved and filed the Notice of Completion for the completed Fire Station 79 Expansion and Rehabilitation Project (No. F-7).

Approval of the proposed agreements represents a continuation of current and new fire service levels for the City of Coachella. The new services consist of the addition of a new medic squad, which includes three new Engineers and three new Fire Fighter II Medic. This contract will also include the addition of Fire Marshal positions, including a Fire Marshal Specialist, and Deputy Fire Marshall. The proposed agreements increase the term limits from 3-years to 5-years, running from July 1, 2024, to June 30, 2029.

ALTERNATIVES:

1. Recommend denial of First Amendment.

2. Continue this item and provide staff with direction.

FISCAL IMPACT:

Overall, the annual cost for services for Fiscal Year 2024-2025 is estimated to total $4,699,860.

On July 10, 2024, the City Council approved a budget appropriation for Fiscal Year 2024-2025 for animal control services in the amount of $5,396,227, so the proposed cost is within budgeted parameters and there will be no additional impact to the General Fund.

ATTACHMENT(S):

1. Exhibit “A” - Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue, fire marshal and medical emergency services;

2. Exhibit “B” - Cooperative Agreement between the Cities of Indio, La Quinta, Coachella, and the County of Riverside to share the cost of a ladder truck company; and

3. Exhibit “C” – Fire Department Memo on Fire Services Estimates

4. Exhibit “D” – Fire Department Memo on State Budget Impacts

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Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
1 of 10

A COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF COACHELLA THIS AGREEMENT (“Agreement”), made and entered into this ____ day of ______________, 2024, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”) and the City of Coachella, a municipal corporation (hereinafter referred to as “CITY”), whereby it is agreed as follows:

SECTION I: PURPOSE
The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement (“CAL FIRE Agreement”) with the California Department of Forestry and Fire Protection (“CAL FIRE”) to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter called “Fire Services”). This Agreement is entered into pursuant to the authority granted by Government Code section 55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY’s ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement.

SECTION II: DESIGNATION OF FIRE CHIEF
A. The County Fire Chief appointed by the County Board of Supervisors, or his/her designee (hereinafter referred to as “Chief”), shall represent COUNTY and CITY during the period of this Agreement, and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit “A,” attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services.

B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison (“Fire Liaison”). The Chief may delegate certain authority to the Fire Liaison, as the Chief’s duly authorized designee and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit “A.” C. The Chief Deputy County Fire shall be the COUNTY Contract Administrator and is the liaison for the administration of this agreement.

D. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. This flexibility shall include staffing challenges. The CITY shall be notified of any changes in classifications provided that differ from the Exhibit “A.”

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Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
2 of 10
SECTION III: PAYMENT FOR SERVICES
A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit “A” for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY.

B. COUNTY provides fire personnel and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit “A,” CITY shall provide one hundred twenty (120) days’ written notice of the proposed requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; (3) The number of employees, by classification, affected by the proposed increase or decrease; and (4) the date the Notice is sent to COUNTY. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY’s request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions.

COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section.

C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit “A,” on a quarterly basis. The COUNTY is mandated per Government Code section 51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof.

D. Any changes to the salaries or expenses set forth in Exhibit “A” made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit “A.” The CITY is obligated to expend or appropriate any sum in excess of Exhibit “A” increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit “A” as a result of action by the Legislature, CAL FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced.

Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in

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Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
3 of 10
Exhibit “A” that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibits “A” and “C” approved by the parties hereto.

E. Chief Deputy County Fire, as the COUNTY Contract Administrator, may be authorized to negotiate and execute any amendments to Exhibit “A” or Exhibit “C” of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a “Contract Administrator” who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit “A” or “C” on behalf of CITY.

F. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “B” are incorporated herein and shall additionally apply to this agreement regarding payment of services.

G. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “C” are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement.

H. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “D” are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services.

I. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this Agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure or is requested by the CITY, the COUNTY Fire Chief or Chief Deputy County Fire may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Two Thousand Two Hundred EightyFive Dollars ($2,285) per day, or Fifteen Thousand Nine Hundred Ninety-Five Dollars ($15,995) per week, not including equipment.

J. Notwithstanding Paragraph H, as it relates to Fire Marshal services, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit “D”), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 and at a cost to the developer as outlined in COUNTY Ordinance No. 671 (Establishing Consolidated Fees For Land Use and Related Functions). Any services not provided for under Ordinance No. 671 will be at a cost to the CITY based upon the COUNTY-approved productive hourly rate for cost recovery.

Page 215 ends

Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
4 of 10
K. In the event that a COUNTY owned squad, patrol (Type VI), or light vehicle is requested by the CITY for temporary operational use, the COUNTY Fire Chief or Chief Deputy County Fire may allow use of a COUNTY squad, patrol (Type VI), or light vehicle, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY squad, patrol (Type VI) or light vehicle as follows.

1. The squad rental fee shall be Fifty-two Dollars ($52) per day; or Three Hundred Sixty-two Dollars ($362) per week, not including equipment or fuel.

2. The patrol rental fee shall be Sixty-seven Dollars ($67) per day; or Four Hundred Seventy-one Dollars ($471) per week, not including equipment or fuel.

3. The light vehicle rental fee shall be Twenty-nine Dollars ($29) per day; or Two Hundred Four Dollars ($204) per week, not including equipment or fuel.

SECTION IV: INITIAL TERM AND AMENDMENT
A. The term of this Agreement shall be from July 1, 2024, to June 30, 2029.

B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement.

SECTION V: TERMINATION
During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code section 55603.5.

SECTION VI: COOPERATIVE OPERATIONS
All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid.

SECTION VII: MUTUAL AID
Pursuant to Health and Safety Code Sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health

Page 216 ends

Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
5 of 10
and Safety Code Section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code sections 13051 and 13054 to the officer designated by CITY.

SECTION VIII: SUPPRESSION COST RECOVERY
As provided in Health and Safety Code section 13009, County Ordinance No. 787.10, Section 5.D.2., and California Fire Code, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code section 53150 et seq. as may be amended from time to time. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code section 13009 to the officer designated by CITY.

SECTION IX: PROPERTY ACCOUNTING
All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each.

SECTION X: FACILITY
CITY shall provide Fire Station(s), strategically located to provide standard response time within the City of Coachella from which fire operations shall be conducted.

If the Fire Station(s) are owned by the CITY, the CITY shall maintain the facilities at CITY’s cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY.

Page 217 ends

Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
6 of 10
SECTION XI: INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

SECTION XII: AUDIT
A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (Gov. Code, § 8546.7.) B. Each party shall bear their own costs in performing a requested audit.

Page 218 ends

Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
7 of 10
SECTION XIII: DISPUTES
CITY shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief or County Contract Administrator that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v.

Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims that involve CAL FIRE employees, the claims shall be submitted to State of California Office of Risk and Insurance Management Department of General Services directly for processing.

SECTION XIV: ATTORNEYS’ FEES
If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.

In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation.

Page 219 ends

Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
8 of 10
SECTION XV: DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

COUNTY OF RIVERSIDE CITY OF COACHELLA
Riverside County Fire Chief City Manager
210 West San Jacinto Avenue 53990 Enterprise Way
Perris, CA 92570 Coachella, CA 92236
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made.

SECTION XVI: PUBLIC RECORDS ACT REQUESTS
The parties understand and acknowledge that, as public agencies, COUNTY and CITY are required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The parties understand and acknowledge that such compliance may require disclosure of all relevant, non-exempt documents that fall within the scope of a qualifying request under the PRA, including documents received from and/or concerning the other party to this Agreement.

SECTION XVII: ELECTRONIC SIGNATURE
This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this agreement. The parties further agree that the electronic signatures of the parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.

Page 220 ends

Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
9 of 10
SECTION XVIII: ENTIRE CONTRACT
This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. [Signature Provisions on following page]

Page 221 ends

Item 18.

Cooperative Fire Agreement
City of Coachella
July 1, 2024 to June 30, 2029
10 of 10
IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF COACHELLA
Dated: ___________________________ By: _____________________________ Dr. Gabriel Martin, City Manager
ATTEST: APPROVED AS TO FORM:

By: _____________________________ By: _____________________________ Delia Granados, Deputy City Clerk Carlos Campos, City Attorney

COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Dated: ___________________________ By: _____________________________ Chair, Board of Supervisors
ATTEST: APPROVED AS TO FORM:

KIMBERLY A. RECTOR MINH C. TRAN,
Clerk of the Board County Counsel
By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Counsel
Contract Cities\COOPERATIVE AGREEMENT\TEMPLATE\COOPERATIVE AGREEMENTS\DRAFTS\TEMPLATE COOPERATIVE AGREEMENT DRAFT 20240101.docx

Page 222 ends

Item 18.

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #79
Medic Engine 807,784 3 712,096 3 615,191 3 2,135,071 9
Medic Squad (Nov - Jun) 712,096 3 699,793 3 823,602 6
SUBTOTALS 807,784 712,096 615,191 699,793 $2,958,673
3 6 3 3 15.00
96,537 96,537 1
183,114 122,076 0.7
210,212 140,141 0.7
$358,754 16
26,620 435,763 16.37
9,914 9,914 1
13,898 2,720 56,444 3.38
7,655 114,818 15

36.51 26,489 151,020
81,675 81,675 1

38.08 27,633 157,536
427.33 1,777 8,669
3,151 11,857 20,246
1,036,084
38,584
36,250 36,250 1
271,515 12.5%

17.4 $4,699,860
1 15.0
3,411 0.24

3.67 1.13
2 ** 16.37
1 2

ESTIMATE

COACHELLA
JULY 9, 2024 – FY2024/2025

SUBTOTAL STAFF
OFFICE ASSISTANT III (PCN 00138778) each

SUBTOTAL
DEPUTY FIRE MARSHAL (Nov - Jun) each
FIRE SAFETY SPECIALIST (Nov - Jun) each
Medic FTE and
per assigned Staff
Per Entity Allocation
per Fire Station Staff
per Fire Suppression Equip
per Defib
COOPERATIVE TRUCK AGREEMENT 12.5%
Fleet Support (Schedule F)
per Station
per Station
per Station

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Comm/IT Support (Schedule G)
Administrative/Operational (Schedule A)
Volunteer Program (Schedule B)
Medic Program (Schedule C)
Battalion Chief Support (Schedule D)
ECC Support (Schedule E) per Call and
Hazmat Support (Schedule I)
Facility Support (Schedule H)

SUPPORT SERVICES ESTIMATE SUBTOTAL

TOTAL STAFF COUNT

NET ESTIMATED CITY BUDGET
Assigned Staff
per Call and
per Call and
per Station
Assigned Medic FTE
Number of Calls
Fire Stations
SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
Facility Station/FTE
Indio Truck (12.5%)
Total Assigned Staff
Battalion Chief Allocation
Number of Hazmat Calls
Hazmat Stations
Monitors/Defibs
FY24/25 ESTIMATE

CITY OF COACHELLA

Page 1 of 2 ends

Page 223 ends

Item 18.
381,708 36,250
376,698 26,620
315,635 9,914
269,261 13,898
302,696 2,720
237,365 7,655
267,899 26,489
205,064 36.51
233,264 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537 OFFICE ASSISTANT III

FF II ECC CALLS

FLEET SUPPORT
Hazmat Program - Support staff, operating costs, and vehicle replacement Facility Support - Facility maintenance staff with associated operating costs.

EXECUTIVE ASSISTANT II

FIRE SAFETY SUPERVISOR

FIRE SAFETY SPECIALIST

COMM/IT STATION

COMM/IT CALLS

FACILITY STATION

FACILITY FTE
*Cost Assumptions:
- Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase. - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary - All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Emergency Command Center Support - Dispatch services costs Defibrillator replacement cycle.
as part of their contracted services.

Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs

FF II/MEDIC
support functions

HAZMAT STATION

HAZMAT CALLS

ADMIN SVCS ANALYST II

ADMIN SVCS ASST

DEPUTY FIRE MARSHAL

EMERGENCY MEDICAL SERVICE SPEC
FY 24/25 POSITION SALARIES TOP STEP

HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR

ENG/MEDIC ECC STATION

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

BAT CHIEF VOL DEL

CAPT MEDIC FTE
Communications / IT Support - Support staff, communications, radio maintenance, computer

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT

ENG BC SUPPORT
SUPPORT SERVICES (Fire Cost Allocation Plan)
Office Supplies/Equip.

Fire Fighting Equip.

Procurement
Public Affairs / Education
Administrative & Operational Services
Personnel
Data Processing
Training
Finance / Accounting
FY24/25 ESTIMATE

CITY OF COACHELLA

Page 2 of 2 ends

Page 224 ends

Item 18.

FY24/25 Exhibit “B”

CITY OF COACHELLA
July 1, 2024 – June 30, 2029

Page 1 of 2 ends

EXHIBIT “B”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF COACHELLA DATED JULY 1, 2024

PAYMENT FOR SERVICES

ADDITIONAL SERVICES

FIRE ENGINE USE AGREEMENT
Station 79
Engine E79, RCO No. 07-869 (VIN: 4S7CT2D9X7C055426)
The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY.

This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable.

The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY.

The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement.

When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine.

The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $725,000. If this Agreement is entered into midPage 225 Item 18.

FY24/25 Exhibit “B”

CITY OF COACHELLA
July 1, 2024 – June 30, 2029

Page 2 of 2 ends

year, the annual cost will be prorated accordingly. Replacement cost is subject to change based on current Type I Fire Engine cost. See each respective fiscal year’s Exhibit “A” for current Fire Engine Use Agreement costs.

The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated.

Page 226 ends

Item 18.

COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY

CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
1 of 8

A COOPERATIVE AGREEMENT BETWEEN THE CITY OF INDIO, THE CITY OF LA

QUINTA, THE CITY OF COACHELLA, AND THE COUNTY OF RIVERSIDE TO

SHARE THE COST OF A LADDER TRUCK COMPANY
THIS AGREEMENT (“Agreement”) was made and entered into this ______ day of ___________, 2024, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”), and the City of Indio, City of La Quinta, and the City of Coachella, each a duly created city (hereinafter each a “CITY” and collectively the “CITIES”). COUNTY and CITIES are hereinafter collectively referred to as the “Parties.” SECTION I: PURPOSE
A. The COUNTY has contracted with the CITIES individually for the provision of Fire Protection, Fire Prevention, Rescue, and Medical Services in a separate cooperative agreement, respectively.

B. The CITIES and COUNTY desire to enter into a cost sharing agreement for a ladder truck which will be of mutual benefit for all involved agencies.

C. The CITIES and COUNTY believe the ladder truck staffing cost should be equitably distributed to the participating agencies.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION II: COOPERATIVE OPERATIONS
Emergency Responses: The ladder truck shall be dispatched, when available, to all residential and commercial structure fires within the jurisdictions of the CITIES and COUNTY. The ladder truck shall also be utilized for staffing and expertise in other emergencies relating to entrapment and medical emergencies. The truck shall be located in a position to provide a response time of fifteen minutes, or less, to the CITIES.

SECTION III: COST SHARE
The Parties agree the cost of the ladder truck shall be billed to CITIES by the COUNTY with the normal quarterly billing pursuant to the CITIES’ respective cooperative agreements, and the cost will be shown as a line item on that bill. The CITIES will receive an estimated cost of the ladder truck staffing based on the top step salaries of the personnel assigned to the ladder truck, at the first of the fiscal year. The cost pool of the ladder truck shall consist of the salaries of 2.3 Fire Captains, 2.3 Fire Apparatus Engineers, 3 Firefighter II Paramedics, and 1.4 Firefighters II. A maintenance budget of $20,000 will also be included in the cost pool. The cost shall be allocated as follows: the City of Indio contributing fifty percent (50%), the County of Riverside contributing twentyfive percent (25%), and the cities of La Quinta and Coachella each contributing twelve

Page 227 ends

Item 18.

COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY

CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
2 of 8
and one half percent (12.5%) of the actual cost of the staffing and maintenance of the ladder truck.

SECTION IV: TERM
The term of this Agreement shall be from July 1, 2024, to June 30, 2029. Any party to this Agreement may terminate this Agreement by providing a written notice of termination to the other parties hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY except any notice issued because of actions of the California Department of Forestry and Fire Protection (hereinafter “CAL FIRE”) or CITIES, COUNTY agrees to continue to provide Fire Services to CITIES until such time as CITIES have a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement be terminated by either party after June 30, 2027.

SECTION V: INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITIES, their agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "City Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "County Liabilities"). Notwithstanding the foregoing, the only County Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the City Indemnitees does not apply is with respect to County Liabilities resulting from the negligence or willful misconduct of a City Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

To the fullest extent permitted by applicable law, but subject to the limits in this paragraph, each CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "County Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by the respective CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of the respective CITY, its officers, employees, subcontractors, agents, or representatives (collectively, "City Liabilities"). No CITY shall be required to indemnify, protect, defend

Page 228 ends

Item 18.

COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY

CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
3 of 8
and hold harmless County Indemnitees for the acts or omissions of another CITY giving rise to City Liabilities in that other City pursuant to this Agreement. Furthermore, and notwithstanding the first sentence of this paragraph, the City Liabilities with respect to which each CITY’s obligation to indemnify, including the cost to defend, the County Indemnitees does not apply with respect to City Liabilities resulting from the negligence or willful misconduct of a County Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

SECTION VI: OWNERSHIP, MAINTENANCE, REPAIRS
The City of Indio owns the ladder truck and maintains the insurance on said ladder truck. The ladder truck maintenance and/or repair costs shall be paid through the cost allocation plan or as a direct invoice allocated to each party, with the City of Indio contributing fifty percent (50%), the County of Riverside contributing twenty-five percent (25%), and the cities of La Quinta and Coachella each contributing twelve and one half percent (12.5%) of the actual cost of the maintenance and/or repair of the ladder truck.

SECTION VII: 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 addresses as the respective parties may provide in writing for this purpose.

CITY OF COACHELLA CITY OF INDIO
City Manager City Manager
53990 Enterprise Way 100 Civic Center Mall
Coachella, CA 92236 Indio, CA 92201

CITY OF LA QUINTA COUNTY OF RIVERSIDE
City Manager County Fire Chief
78-495 Calle Tampico 210 West San Jacinto Avenue
La Quinta, CA 92247 Perris, CA 92570
Any notice required to be given hereunder to either party shall be given by personal delivery or be deposited in the U.S. mail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service.

SECTION VIII: GENERAL PROVISIONS
A. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid

Page 229 ends

Item 18.

COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY

CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
4 of 8
unless made in the form of a written amendment to this Agreement, which is formally approved and executed by both Parties.

B. DISPUTES
CITIES shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITIES, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITIES has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITIES and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITIES and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITIES and COUNTY representatives may be resolved, by mutual agreement of the Parties, through mediation. Such mediator will be jointly selected by the Parties. The costs associated with mediator shall be shared equally among the participating parties.

If the mediation does not resolve the issue(s), or if the Parties cannot agree to mediation, the Parties reserve the right to seek remedies as provided by law or in equity. The Parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the Parties is sophisticated and negotiated this Agreement and this venue at arm’s length. Pursuant to this Agreement, the Parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY’s contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing.

C. WAIVER
Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping any one of the CITIES or COUNTY from enforcement hereof.

Page 230 ends

Item 18.

COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY

CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
5 of 8
D. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

E. ADMINISTRATION

1. The COUNTY Fire Chief shall administer this Agreement on behalf of the County of Riverside.

2. Each CITY’s respective City Manager shall administer this Agreement on behalf of its own CITY.

F. ATTORNEYS’ FEES
If CITIES fail to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.

In the event of litigation between COUNTY and CITIES to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation.

G. PUBLIC RECORDS ACT REQUESTS
The Parties understand and acknowledge that, as public agencies, COUNTY and CITIES are required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The Parties understand and acknowledge that such compliance may require disclosure of all relevant, non-exempt documents that fall within the scope of a qualifying request under the PRA, including documents received from and/or concerning the other party to this Agreement.

H. ELECTRONIC SIGNATURE
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means an electronic sound, symbol, or process attached to or

Page 231 ends

Item 18.

COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY

CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
6 of 8
logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.

I. ENTIRE AGREEMENT
This Agreement is intended by the Parties hereto as a final expression of their understanding, with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith.
[SIGNATURE PROVISIONS ON NEXT PAGE]

Page 232 ends

Item 18.

COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY

CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
7 of 8
IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF COACHELLA
Dated: __________________________ By: _____________________________ Dr. Gabriel Martin, City Manager
ATTEST: APPROVED AS TO FORM:

By: _____________________________ By: _____________________________ Delia Granados, Deputy City Clerk Carlos Campos, City Attorney

CITY OF INDIO
Dated: __________________________ By: _____________________________ Lupe Ramos Amith, City Mayor
ATTEST: APPROVED AS TO FORM:

By: _____________________________ By: _____________________________ Cynthia Hernandez, City Clerk Roxanne Diaz, City Attorney [ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE]

Page 233 ends

Item 18.

COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY

CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
8 of 8

CITY OF LA QUINTA
Dated: __________________________ By: _____________________________ Jon McMillen, City Manager
ATTEST: APPROVED AS TO FORM:

By: _____________________________ By: _____________________________ Monika Radeva, City Clerk William H. Ihrke, City Attorney COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Dated: __________________________ By: _____________________________ Chair, Board of Supervisors
ATTEST: APPROVED AS TO FORM:

KIMBERLY A. RECTOR MINH C. TRAN,
Clerk of the Board County Counsel
By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN,
Deputy County Counsel
F:\data\RRU County Finance\Contract Cities\COOPERATIVE AGREEMENT\COST SHARE LADDER TRUCK COOPERATIVE AGREEMENT - COACHELLA, INDIO, LA QUINTA, COUNTY\LADDER TRUCK Cooperative Agreement COACHELLA INDIO AND LA QUINTA 07012024-06302028 20240315.docx

Page 234 ends

Item 18.

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS TRUCK 86 619,301 2.3 545,940 2.3 287,089 1.4 699,793 3 2,152,123 9 20,000
$2,172,123

12.5% $271,515
50% $1,086,062

12.5% $271,515
25% $543,031
381,708
376,698
315,635
269,261
302,696
237,365
267,899
205,064
233,264
520230 522380
520300 522410
520320 522860
520800 522890
520805 523220
520830 523680
520840 523700
520845 523780
521380 523800
521440 526700
521500 526940
521502 527840
521540 529500
521660 529510
521680 529550
522310 537240
522340 542060
522360
Utitlity - Water
Maint-Building and Improvement Interfnd Exp-Utilities
Maint-Copier Machines Printing / Binding
Maint-Kitchen Equipment Rent-Lease Building
Maint-Motor Vehicles Locks/Keys
Laundry Services Office Equip Non Fixed Assets
Household Furnishings Office Supplies
Trash Printed Forms
Station Budgeted Maint-Bulding and Improvement Capital Improvements Remodeling Maint-Accident Repairs Training - Education / Tuition
Maint-Office Equipment Utitlity - Electricity
Maint-Telephone Utitlity - Heating Fuel
Telephone Service Medical-Dental Supplies
Household Expense Pharmaceuticals
Appliances Licenses And Permits
*See notation below for estimate assumptions

FF II/MEDIC

ENG/MEDIC

ESTIMATED BUDGET

TRUCK MAINTENANCE

CAPT MEDIC
ENG
FF II
EXHIBIT "A"

FOR THE DESERT TRUCK SHARED WITH THE CITIES OF

COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2024/2025

TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION

RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase. *Cost Assumptions:
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.

DEPUTY CHIEF

DIV CHIEF

BAT CHIEF
CAPT
FY 24/25 POSITION SALARIES TOP STEP (per assumptions below) City of Coachella Share
County Share
City of La Quinta Share
City of Indio Share
Maint-Fuel Tanks
Maint-Extermination
FY 24/25 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Critical Systems
Pager Service Maint-Health & Safety
FY24/25 ESTIMATE

CITIES OF INDIO, LA QUINTA

AND COACHELLA

Page 1 of 5 ends

Page 235 ends

Item 18.

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS TRUCK 86 687,275 2.3 605,676 2.3 318,507 1.4 777,223 3 2,388,681 9 20,000
$2,408,681

12.5% $301,085
50% $1,204,340

TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION

RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY

FOR THE DESERT TRUCK SHARED WITH THE CITIES OF

COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2025/2026
*See notation below for estimate assumptions
County Share

TRUCK MAINTENANCE

ESTIMATED BUDGET
Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.

City of Coachella Share
City of Indio Share
City of La Quinta Share
FY 25/26 POSITION SALARIES TOP STEP (per assumptions below)

DEPUTY CHIEF

DIV CHIEF

BAT CHIEF
CAPT

CAPT MEDIC
ENG

ENG/MEDIC
FF II
- Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.

FY 25/26 DIRECT BILL ACCOUNT CODE

FF II/MEDIC
*Cost Assumptions:
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount Cleaning and Custodial Supp Licenses And Permi
Laundry Services Office Equip Non Fix
Appliances Pharmaceuticals
Cellular Phone Maint-Building and I
Pager Service Maint-Extermination
Telephone Service Medical-Dental Supp
Household Expense Other Medical Care
Maint-Office Equipment
Maint-Telephone Interfnd Exp-Utilities
Maint-Underground Tanks Improvements-Build
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognition
Heating Fuel
Maint-Service Contracts Water
Maint-Kitchen Equipment Electricity
FY25/26 ESTIMATE

CITIES OF INDIO, LA QUINTA

AND COACHELLA

Page 2 of 5 ends

Page 236 ends

Item 18.

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS TRUCK 86 687,275 2.3 605,676 2.3 318,507 1.4 777,223 3 2,388,681 9 20,000
$2,408,681

12.5% $301,085
50% $1,204,340

12.5% $301,085
25% $602,170
424,655
419,073
350,396
298,815
330,385
263,337
297,615
227,505
259,074
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 Maint-Underground Tanks 542060 Improvements-Build Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilities
Trash Locks/Keys
Maint-Copier Machines Awards/Recognition
Maint-Kitchen Equipment Electricity
Cleaning and Custodial Supp Licenses And Permi
Laundry Services Office Equip Non Fix
Household Furnishings Rent-Lease Bldgs
Telephone Service Medical-Dental Supp
Household Expense Other Medical Care
Appliances Pharmaceuticals
Pager Service Maint-Extermination

FY 26/27 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and I
ENG

ENG/MEDIC
FF II

BAT CHIEF
CAPT

CAPT MEDIC
FY 26/27 POSITION SALARIES TOP STEP (per assumptions below)

DEPUTY CHIEF

DIV CHIEF
County Share

TRUCK MAINTENANCE

ESTIMATED BUDGET
Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.

City of Coachella Share
City of Indio Share
City of La Quinta Share
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION

RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY

FOR THE DESERT TRUCK SHARED WITH THE CITIES OF

COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2026/2027
*See notation below for estimate assumptions
FY26/27 ESTIMATE

CITIES OF INDIO, LA QUINTA

AND COACHELLA

Page 3 of 5 ends

Page 237 ends

Item 18.

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS TRUCK 86 687,275 2.3 605,676 2.3 318,507 1.4 777,223 3 2,388,681 9 20,000
$2,408,681

12.5% $301,085
50% $1,204,340

FY 27/28 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and I
ENG

ENG/MEDIC
FF II

BAT CHIEF
CAPT

CAPT MEDIC
FY 27/28 POSITION SALARIES TOP STEP (per assumptions below)

DEPUTY CHIEF

DIV CHIEF
County Share

TRUCK MAINTENANCE

ESTIMATED BUDGET
Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.

City of Coachella Share
City of Indio Share
City of La Quinta Share
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION

RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY

FOR THE DESERT TRUCK SHARED WITH THE CITIES OF

COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2027/2028
*See notation below for estimate assumptions
FY27/28 ESTIMATE

CITIES OF INDIO, LA QUINTA

AND COACHELLA

Page 4 of 5 ends

Page 238 ends

Item 18.

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS TRUCK 86 687,275 2.3 605,676 2.3 318,507 1.4 777,223 3 2,388,681 9 20,000
$2,408,681

12.5% $301,085
50% $1,204,340

FY 28/29 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and I
ENG

ENG/MEDIC
FF II

BAT CHIEF
CAPT

CAPT MEDIC
FY 28/29 POSITION SALARIES TOP STEP (per assumptions below)

DEPUTY CHIEF

DIV CHIEF
County Share

TRUCK MAINTENANCE

ESTIMATED BUDGET
Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.

City of Coachella Share
City of Indio Share
City of La Quinta Share
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION

RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY

FOR THE DESERT TRUCK SHARED WITH THE CITIES OF

COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2028/2029
*See notation below for estimate assumptions
FY28/29 ESTIMATE

CITIES OF INDIO, LA QUINTA

AND COACHELLA

Page 5 of 5 ends

Page 239 ends

Item 18.

MEMORANDUM
Riverside County Fire Department
Bill Weiser
County Fire Chief
DATE: April 2024
FROM: Diane Sinclair, Fire Deputy Director of Administration RE: FY 24/25 & FY 25/26 Exhibit A Estimates

The following cost parameters are included in each Exhibit A Estimate.

Exhibit A Estimate
 For FY 24/25, the direct CalFire personnel costs have been calculated using the following information.
o All Salaries are based on Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Memo dated February 14, 2024 (Attachment A) at the highest amount.
o Benefits and Admin Fee are based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 – Preliminary (Attachment B).
o The Benefit rate has a one-time reduction in retirement rates as outlined in the Local Government Cooperative Agreement Staff Benefit Rate 2024-25 Benefit Rate Matrix (Attachment C).
o Included in each position calculation is 446 hours of overtime.  For FY 25/26, the direct CalFire personnel costs have been calculated using the same information outlined above and eliminates the one-time retirement rate reduction.  The direct County employee classifications estimates are based on FY 24/25 highest budgeted amount, not necessarily the highest step. All invoices will be at actual costs for the specific employee in the position.
 Support Services Costs (Cost Allocation)
o All estimated costs are based on the FY 23/24 Cost Allocation and adjusted with a 5% increase and includes the new Battalion Chief Allocation methodology. o The Final FY 24/25 Cost Allocation is planned to be completed by July/August 2024, once the Board of Supervisors approves the Final FY 24/25 Budget. o The Final FY 24/25 Cost Allocation Plan is based upon budget and reconciled to actual costs in the 4th quarter invoice.

Page 240 ends

Item 18.
o The same rate is used for all future Exhibit A estimates.  Fire Engine Use Agreement
o The FY 24/25 rate has not changed from the amount provided in December 2023.

The cost is based on the current contracted costs for Type I Fire Engines that have been received prior to FY 23/24. This cost is spread over 20 years to obtain the Use Agreement amount. The FY 23/24 cost is $36,250 per engine. o The FY 25/26 rate will increase to $55,000 per Type I Fire Engine. The cost of each Type I Fire Engine is $1.1 million and has increased by $375,000 since FY 19/20.

The rate was last updated in FY 19/20.
o The agreement is not a capital replacement fund. It guarantees a working fire engine is always available. If the city partner retains ownership, all capital improvements and insurance is the responsibility of the city. The city may donate the engine to the County and this responsibility will revert to the County.  Structural Fire Tax Credits (for those cities with pass through on taxes) o The credit is the same as the amount estimated in the FY 23/24 Exhibit A estimates in December 2023
o The credit is estimated based upon the final redevelopment amounts received in January 2023 and June 2023 and the Structural Taxes reported in December 2022 with an estimated historical growth.
o The credit is an estimate. Each credit is reconciled with the actual reports from the County Auditor Controller in the 4th Quarter Invoice.
o The same amount is used for all future Exhibit A estimates.

Please contact your respective Division Chief or Diane Sinclair at (951) 453-9066 [email protected] or Letty Morales at (951) 940-6778 [email protected] with any questions related to the Exhibit A estimate.

Thank you.

Attachments:

A -Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Memo Dated February 14, 2024 B - Staff Benefit Rate Matrix FY 2024-25 dated January 2024 – Preliminary C - Local Government Cooperative Agreement Staff Benefit Rate 2024-25 Benefit Rate Matrix

Page 241 ends

Item 18.

ATTACHMENT A

Page 242 ends

Item 18.

State of California Natural Resources Agency

M e m o r a n d u m
To:

Region Chiefs
Assistant Region Chiefs
Unit Chiefs
Unit LG Contacts
Date: February 14, 2024
Telephone: (530) 647-5209
Website: www.fire.ca.gov
From: Nathan Barcklay
Assistant Deputy Director, Cooperative Fire
California Department of Forestry and Fire Protection (CAL FIRE) Subject: 8500 COOPERATIVE FIRE PROGRAMS
Local Government Program
Schedule A and Amador Plan
Salary, Pay Differentials, and Operating Expense Schedule FY 2024-2025 The rates in this memorandum are for use in Public Resources Code (PRC) §4142 Schedule A”) and PRC §4144 (“Amador”) Agreements for Fiscal Year 2024-2025.

These rates are based on the current provisions of the negotiated Memorandum of Understanding (MOU) for the various Bargaining Units (BUs), laws, rules, regulations and/or personnel policies established by the California Department of Human Resources (Cal HR). This memorandum and any associated updates can be found on the CALFIRE Intranet under the Local Government Resources Page at:
https://inside.fire.ca.gov/offices-programs/fire-protection/local-government/.

The salaries identified in this schedule are based on current negotiated Memorandum of Understandings up to June 30, 2024, and may be subject to change, as identified by CalHR. Bargaining Units other than BU8 may be affected as well.

STAFF BENEFIT RATES
The components of the staff benefit that apply to the salary and wages in the expense schedule are identified below and include:
¹Full Staff Benefit Rate.
²Retirement, Employee Leave Buyout, Medicare and Prefunding of post-employment benefits.
³Medicare only.
4Retirement, Medicare and Prefunding of post-employment benefits. 5Social Security and Medicare only.
*Staff Benefit Rates are not included for this expenditure.

DocuSign Envelope ID: D7B3D7A6-B6FF-4370-9E3C-91E351A2E8A0

Page 243 ends

Item 18.

RATE LETTER FY 2024-2025

Page 2 ends

PAY DIFFERENTIALS
All pay differentials are classification specific and may be eliminated due to classification, duties, or qualification changes. For complete listing of rates for all eligible classifications, please refer to the pay differential.

1. NIGHT-SHIFT PAY DIFFERENTIAL¹
In accordance with Night-Shift Pay Differential 85 and applicable BU MOUs, eligible rank and file employees in covered classifications working a qualifying shift and meeting the applicable criteria shall be eligible to receive this pay differential. This differential is included in the rate when calculating overtime.

BU 07 employees (e.g., Communications Operators) who regularly work shifts shall receive one dollar ($1.75) per hour night shift pay differential.

2. HAZMAT PAY DIFFERENTIAL¹
In accordance with Recruitment and Retention Pay Differential - Hazardous Materials (HAZMAT) 143 and the BU 08 MOU, Section 17.9, rank and file employees and excluded employees associated with BU 08 regularly assigned to any CAL FIRE dedicated HAZMAT emergency response unit on a full-time basis, or at the discretion of the Unit Chief, any BU 08 employee who is a HAZMAT Technician or Specialist, who is required to maintain certification and a yearly baseline physical as part of his/her assignment as a member of a HAZMAT Response Team shall be eligible to receive a pay differential of $150 per pay period while so assigned. This differential is included in the rate when calculating overtime.

3. LONGEVITY PAY DIFFERENTIAL¹
In accordance with Longevity Pay Differential 73 and the BU 08 MOU, Section 17.10, rank and file employees and excluded employees associated with BU 08, shall be eligible to receive a monthly pay differential calculated above the base salary as listed below and is included in the rate when calculating overtime:

YEARS OF SERVICE RATE
17 and 18 3%
19 4%
20 5%
21 6%
22, 23, and 24 7%
25 9%

4. BILINGUAL PAY DIFFERENTIAL¹
In accordance with Bilingual Pay Differential 14 and applicable BU MOUs, eligible rank and file employees and excluded employees meeting the applicable criteria shall be eligible to receive a pay differential for up to $200 per pay period. This differential is included in the rate when calculating overtime for classifications eligible for overtime.

DocuSign Envelope ID: D7B3D7A6-B6FF-4370-9E3C-91E351A2E8A0

Page 244 ends

Item 18.

RATE LETTER FY 2024-2025

Page 3 ends

5. EDUCATIONAL INCENTIVE PAY DIFFERENTIAL¹
In accordance with Educational Incentive Pay Differential 45 and the BU 08 MOU, Section 17.11, all permanent rank and file employees who meet at least one of the following criteria will be eligible to receive a pay differential of $150 per pay period:
 Permanent employees in fire protection classifications who have been journeyed under the approved Joint Apprenticeship Committee (JAC) program or who have been granted a journey-level equivalency, or permanent employees in fire protection classifications with an appointment prior to the initiation of the California Fire Fighter JAC program on July 1, 1983.
 Employees in the following classifications: Battalion Chief, Forester I, and Fire Captain.
 Permanent employees in classifications that do not require a JAC certificate program [e.g., Forestry Fire Pilot, Fire Prevention Assistant, Fire Prevention Specialist I and II, and Forestry Logistics Officer I] who have completed 60 units from and accredited community college, college, or university. This differential is included in the rate when calculating overtime.

6. ASSISTANT CHIEF PAY DIFFERENTIAL¹
In accordance with Assistant Chief Pay Differential 9, employees in the Assistant Chief classification serving in a qualifying assignment (Deputy Chief) meeting the applicable criteria shall be eligible to receive a pay differential of 1.9% calculated above the base salary per pay period.

CLASSIFICATION MAX
Assistant Chief $212

7. CAL FIRE CHIEF OFFICER AND RELATED CAREER EXECUTIVE
ASSIGNMENT (CEA) RECRUITMENT AND RETENTION PAY DIFFERENTIAL¹ In accordance with CAL FIRE Chief Officer and Related CEA Recruitment and Retention Pay Differential 369, eligible incumbents in an identified classification will receive this monthly pay differential, specific to the classification. This differential is for the purposes of recruiting and retaining experienced staff in the Chief Officer series. For the first 24 months, eligible incumbents will receive a monthly differential with a phased portion subject to CalPERS deduction. After 24 months, eligible incumbents receive the full monthly differential which will be subject to CalPERS deduction for retirement contributions.

STAGING PERIOD CONTRIBUTION FACTOR
First 12-month period: PERSable = smaller portion
Non-PERSable = larger portion
Second 12-month period: PERSable = larger portion
Non-PERSable = smaller portion
After 24-month period: All PERSable
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8. COMMERCIAL DRIVERS LICENSE PAY DIFFERENTIAL (HEM)¹
In accordance with the Commercial Driver’s License Class A or B Pay Differential 34 and the BU 12 MOU, Section 2.15, all Heavy Equipment Mechanics (HEM) shall be eligible to receive a pay differential of 5% per pay period for possession and use of a commercial driver license when regularly assigned to a position operating vehicles which require the appropriate driver’s license. The 5% is calculated on the base salary at the maximum of Range A. This differential is included in the rate when calculating overtime.

CLASSIFICATION MAX
Heavy Equipment Mechanic 314

9. PASSENGER ENDORSEMENT PAY DIFFERENTIAL (HFEO)¹
In accordance with Passenger Endorsement Pay Differential 228 and the BU 08 MOU, Section 17.13 all permanent Heavy Fire Equipment Operators (HFEO) possessing a passenger endorsement on their driver’s license are eligible to receive a pay differential of $75 per pay period. This differential is included in the rate when calculating overtime.

10.FIRE MISSION PAY DIFFERENTIAL ¹
In accordance with Fire Mission Pay Differential 59 and the applicable MOUs, employees in eligible classifications receive the appropriate increase during the declared fire season for the employee’s Unit, Region, or other Administrative Unit.

Eligible employees will receive a pay differential of one or two pay step increases in accordance with the pay differential. One step is equivalent to 5%. Heavy Equipment Mechanics earn two steps (10%) for this differential. This differential is included in the rate when calculating overtime.

CLASSIFICATION MAX
Heavy Equipment Mechanic, Range A $628
Heavy Equipment Mechanic, Range B $689
Materials and Stores Specialist, Range A $228
Materials and Stores Specialist, Range B $250
Fire Prevention Specialist I $244
Fire Prevention Specialist II $279
Forestry Aide $208
Forestry Assistant I, Range A $277
Forestry Assistant I, Range B $303
Forestry Assistant, II Range A $318
Forestry Assistant, II Range B $349
Forestry Logistics Officer I, Range A $257
Forestry Logistics Officer I, Range B $283
Forestry Logistics Officer II $283
Forestry Technician, Range A $242
Forestry Technician, Range B $264
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11. EXTENDED DUTY PAY DIFFERENTIAL¹
In accordance with Extended Duty Pay – Excluded Employees Pay Differential 54, excluded employees in eligible classifications whose primary responsibility is in a fire protection or resource management program are eligible for a 15% monthly pay differential. This is calculated on the employee’s base salary.

CLASSIFICATION MAX
Assistant Chief $1,672
Forestry Equipment Manager I $1,270
Forestry Equipment Manager II $1,349

12. PARAMEDIC RECRUITMENT AND RETENTION PAY DIFFERENTIAL4 In accordance with Paramedic Recruitment and Retention Pay Differential 247 and the BU 08 MOU, Section 17.12, the pay differential shall be paid annually in the November pay period for the pay periods covering the previous November through October. This differential is included in the rate when calculating overtime.

All qualifying pay periods in one of the following eligible classifications shall count in determining the rate of pay:

CLASSIFICATIONS
Fire Fighter II (Paramedic)
Fire Apparatus Engineer (Paramedic)
Fire Captain (Paramedic)
The rates are as follows:

QUALIFYING PAY PERIODS COST PER PAY
PERIOD
1-12 $250
13-24 $300
25-36 $350
37 or more $500
If the employee transfers/promotes, the Unit receiving the employee will be responsible for the pay periods in the newly assigned Unit. The Unit where the employee came from will be responsible for the remaining pay periods.

13. EMERGENCY RESPONSE BONUS (ERB)4
In accordance with the ERB Pay Differential 50, the following positions will be charged for extended staff availability if an employee is assigned to an Emergency Response Assignment. This 5% ERB is calculated on the employee’s base salary.

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CLASSIFICATION MAX.

Forestry Equipment Manager I $423
Forestry Equipment Manager II $450

14. RECRUITMENT AND RETENTION DIFFERENTIAL PAY – GREATER BAY AREA FACILITIES3
In accordance with the Recruitment and Retention Pay Differential 409, unit 12 employees who are designated a headquarters work in the Greater Bay Area (counties include Alameda, Contra Costa, Marin, Monterey, Napa, San Francisco, San Joaquin, San Mateo, Stanta Clara, Santa Cruz, Solano, and Sonoma), shall be elignble for a recruitement and retention differential of (5%) of their base pay for each qualifying pay period.

15. FLEXELECT AND COBEN EXCESS/CASH PAYMENT5
Employees may be eligible for a cash payment through FlexElect or COBEN Excess/Cash. This compensation is included in the rate when calculating overtime.

FlexElect: Employees may be eligible to receive cash in lieu of their own Statesponsored medical insurance and/or dental insurance plan.  $128 per month in lieu of health plan only
 $12 per month in lieu of dental plan only
 $140 per month in lieu of health and dental plans
CoBen Cash: Employees may be eligible to receive cash in lieu of their own State-sponsored medical insurance and/or dental insurance plan.  $130 per month for employees in lieu of health plan only  $155 per month for employees in lieu of health and dental plans CoBen Excess: Employees who elect to enroll in State-sponsored medical and/or dental insurance may receive the excess funds should their CoBen Allowance not be fully expended on coverage costs. Eligibility and cash amount vary by employee, Bargaining Unit and benefit plan.

SALARY AND POST COVERAGE

16. PERSONAL SERVICES MONTHLY SALARY RANGES¹
See attached spreadsheet (Appendix A). For a complete listing of all civil service classifications and associated pay structure, please refer to the State of California Civil Service Pay Scales.

17. CONTRACTUAL POST COVERAGE¹
The monthly contractual post coverage is calculated at top step for salary and Extended Duty Week Compensation (EDWC) overtime and benefits.

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OVERTIME AND OTHER MISCELLANEOUS COMPENSATION

18. EXTENDED DUTY WEEK COMPENSATION (EDWC) ²
In accordance with the BU 8 MOU, EDWC (76 or 124 hours per work period) is calculated (rounded) utilizing the maximum salary rate of the classification utilizing the BU 8 MOU formula described below. Additionally, the average monthly rate in the chart below is determined by multiplying the monthly EDWC compensation by the number of work periods per year (13), then dividing by 12.

Formula:
((Salary ÷ 4.33) ÷ Clock) X factor) = Hourly Rate of Pay (HROP) The following budgeted Schedule A positions used by local government must have EDWC budgeted for each month at the following rates:

CLASSIFICATION

EDWC WITHOUT

HAZMAT PAY
DIFFERENTIAL*

EDWC WITH HAZMAT
PAY DIFFERENTIAL*
Battalion Chief $4,449 $4,530
Fire Apparatus Engineer $3,435 $3,516
Fire Apparatus Engineer (Paramedic)** $3,941 $4,022
Fire Captain, Range A $3,845 $3,926
Fire Captain, Range B $4,231 $4,312
Fire Captain (Paramedic)** $4,378 $4,459
Fire Fighter I* $2,722 $2,802
Fire Fighter II $3,105 $3,185
Fire Fighter II (Paramedic)** $3,585 $3,666
Heavy Fire Equipment Operator, Range A $3,804 $3,926
* Includes Longevity Pay, but not eligible for Educational Pay Differential. ** Includes Paramedic Recruitment and Retention Pay Differential.

19. OVERTIME (OT)
OT requirements beyond the scheduled duty week should be budgeted at 1-1/2 times or the rate set forth in the applicable MOU. OT may also be budgeted to cover positions or may be in-lieu of the emergency response charge when continuous emergency availability is not required. The hourly rate of OT is dependent upon classification and additional compensation such as pay differentials.
 Certain classifications may or may not be subject to Social Security and/or Medicare. Eligibility may vary based upon classification and on employment history.

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20. AMADOR PROGRAM

ENGINE STAFFING
CAL FIRE will assign sufficient personnel to provide one operator, per Amador engine, per day. The cooperator will be responsible for providing funds for a minimum of one employee, per engine, per day for 2.0 staffing and funding for any additional positions to meet engine staffing requirements in excess of 2.0 and all unplanned overtime costs.

SUPPORT STAFF RATESº
Costs for Battalion Chiefs, Emergency Command Center Staff, Fire Prevention staff, Training staff or other positions with a significant commitment to the cooperating agency as determined by the Unit Chief are:

CLASSIFICATION MONTHLY COST
Battalion Chief (Nonsupervisory) $1,119.00
Fire Captain $935.00
Fire Apparatus Engineer $831.00

21. OPERATING EXPENSES
A. Coveralls for Heavy Fire Equipment Operators (HFEO)* and HEM* In accordance with BU 08 MOU, Section 11.12, HFEOs receive two sets of coveralls that are provided and maintained by the employer. The cost may vary depending on location.

In accordance with BU 12 MOU, Section 4.4, identified employees and HEMs receive employer-provided-and-maintained coveralls through a cleaning service.

The cost may vary depending on location.
 Use $12 per pay period for each HFEO and HEM
B. Communications
The communication rate from the Department of General Services (DGS) has been recalculated individually for each CAL FIRE Unit that is using the DGS Telecom Division. Use the following rates for Fiscal Year 2024-2025:

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.PUBLIC RESOURCES CODE SECTION 4144
Mobile Radio $13.75
Electronic Siren $8.29
Fixed Stations $66.31
Handie Talkie $7.08

HOURLY RATE
Engineer Time $171.00/hour
Technician Time $144.00/hour
C. Information Technology
Costs for Information Technology (IT) services are identified below:

IT SERVICE/MAINTENANCE MONTHLY ANNUALLY
Target Solutions Account CAL FIRE Uniform $75.00
Target Solutions Account CAL FIRE Support Staff
and Assistant Chief and above $37.50
Target Solutions Account Seasonal Firefighter
(FF) $50.00
Target Solutions Account Volunteer or Paid Call
FF $50.00
INTIME Solutions/ ISELINK Account $57.00
D. Uniform Allowance³
For BU 01, BU 07, BU 12, and managers and supervisors, retirement or staff benefits are not deducted. BU 01, BU 07, and BU 12 employees must work an entire year to receive reimbursement.

In accordance with BU 07 MOU, employees receive a $25 per month for the maintenance and cleaning of the uniforms.

For employees who work the whole month, bill the monthly rate. For employees who work less than a full month on Schedule A, calculate by the number of days worked within the month.

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BARGAINING UNIT YEARLY RATE

MONTHLY RATE

FOR BILLING

PURPOSE ONLY
BU 08 and Supervisors/Managers MOU Section 12.3
Permanent Full-Time Wearer $2,130 $177.50
Seasonal N/A $178.00
BU 12 MOU Section 12.8
Heavy Equipment Mechanic $670 $55.83
Materials and Stores Specialist $670 $55.83
BU 07 MOU Section 12.2
Communications Operator $950 $104.17
BU 01 Supervisors MOU Section 12.11
Business Service Officer I (Supervisor) (with
receipts) $450 $37.50
E. Tool Allowance
In accordance with BU 12 MOU Section 12.6 Permanent, Full-Time HEMs not provided with tools furnished by the contracting agent or having access to the necessary tools to perform required tasks will receive an annual tool allowance of $575.

F. Utilities
Utilities and telephone charges are budgeted based on projections of actual expenses for 4142 agreements. Amador Plan utility rates are:

UTILITIES RATE PER MONTH
Unit Emergency Command Center $129.00
Fire Station Normally Opened for Administration During
Base Period 50% of Projected Costs
Fire Station Normally Closed (Except CAL FIRE Costs) 100% of Projected Costs G. Vehicle Maintenance
 Local Agency-Owned Equipment that are to be maintained and repaired by CAL FIRE must be budgeted and listed by category (e.g., flat rate, mileage rate, or actual cost) in the Exhibit D, Schedule A and then described on Exhibit D, Schedule D of the Cooperative Fire Programs Fire Protection Reimbursement Agreement. Local agency equipment is categorized as follows:

1. RATED EQUIPMENT 2. UNRATED EQUIPMENT
(A) Monthly Flat Rate (C) Actual Cost
(B) Mileage Rate
(C) Actual Cost
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 Rated Equipment 1(A) applies to fire apparatus built on commercial chassis less than 15 years old and on custom chassis less than 20 years old.

Surveyed CAL FIRE engines and apparatus obtained through federal surplus may not be included. Equipment should be identified to the 3rd element as described below, then a Unit derived monthly flat rate should be set based on past and projected future expenses for the equipment funded in the contract.

Rated Equipment 1 (A)
1st Element
Size and Type
2nd Element
Main Engine
Fuel Type
3rd Element
Estimated
Monthly
Mileage

1. Fast Attack Unit A = Gasoline 1. 0-500 miles

2. Engine Less Than 1000 GPM B = Diesel 2. 500+ miles

3. Engine 1000 GPM and Over

4. Aerial Apparatus or Other Specialized

5. Water Tender, 1500 Gallons and
Over
 Rated Equipment 1(B) applies to passenger and service-type vehicles.

Surveyed CAL FIRE vehicles and vehicles obtained through federal surplus may not be included.

Rated Equipment 1(B) $/Mile As of 01/01/24
Sedans/Pickups/Service Vehicles $0.67
(Set by IRS annually)

 Rated Equipment 1(C) and Unrated Equipment 2(C) applies to vehicles that will be operated, maintained and repaired at actual cost up to the maximum dollars budgeted in schedules. The hourly rate will be billed at $200.00 an hour.
 State-Owned Equipment
State-owned vehicles registered in the name of the state and operated on behalf of the local agency.

Sedans/Pickups $/Mile As of 01/01/24
Schedule A $0.67
(Set by IRS annually)
Amador Plan $0.67
(Set by IRS annually)
Engines $/Month
Schedule A $2,305.57
Amador Plan $2,305.57
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Any questions on the Local Government Program should be directed to:

John Berglund (279) 224-4194; [email protected], Cooperative Fire Deputy Chief
Lev Karshtedt (916) 202-6403; [email protected]; Local Government Program Manager
cc: Joe Tyler Kerry Garcia
Christy White Melissa Gamer
Kelly Mandell David Scheurich
Matthew Sully Ruth Torres
Lev Karshtedt John Berglund
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APPENDIX A

PERSONNEL SERVICES MONTHLY SALARY RANGES
(For a full listing of all civil service classifications, see the State of California Civil Service Pay Scales) CBID RET. CLASSIFICATION MINIMUM MAXIMUM
S08 POF Assistant Chief $8,615 $11,146
R08 POF Battalion Chief $5,739 $7,447
R08 POF Fire Apparatus Engineer $4,630 $5,718
R08 POF Fire Apparatus Engineer (Paramedic) $4,949 $6,123 R08 POF Fire Captain (Paramedic) $5,195 $6,732
R08 POF Fire Captain, Range A $4,949 $6,416
R08 POF Fire Captain, Range B $5,432 $7,075
R08 POF Fire Fighter II $3,975 $5,155
R08 POF Fire Fighter II (Paramedic) $4,255 $5,515
R08 POF Firefighter I $3,672 $4,643
S08 POF Forestry Equipment Manager I $6,525 $8,468
S08 POF Forestry Equipment Manager II $6,927 $8,991
R08 POF Heavy Fire Equipment Operator, Range A $5,196 $6,416 R08 POF Forestry Aide $3,367 $4,163
R08 POF Forestry Technician, Range A $3,730 $4,837
R08 POF Forestry Technician, Range B $4,075 $5,287
R08 POF Forestry Assistant I, Range A $4,268 $5,532
R08 POF Forestry Assistant I, Range B $4,672 $6,058
R08 POF Forestry Assistant II, Range A $4,899 $6,355
R08 POF Forestry Assistant II, Range B $5,377 $6,975
R07 SAF Communications Operator, Range A $4,508 $6,208
R07 SAF Communications Operator, Range B $5,101 $7,023
R01 MIS Accountant I (Specialist), Range A $3,818 $4,782 R01 MIS Accounting Technician $3,543 $4,440
S01 MIS Administrative Officer I, Res. Agency,
Range A $4,268 $5,268
S01 MIS Administrative Officer I, Res. Agency,
Range B $5,117 $6,333
S01 MIS Administrative Officer II, Res. Agency $6,149 $7,641 R01 MIS Business Service Officer I (Specialist),
Range A $4,726 $5,916
R08 MIS Fire Prevention Specialist I $3,730 $4,885
R08 MIS Fire Prevention Specialist II $4,268 $5,589
R08 MIS Forestry Logistics Officer I, Range A $3,976 $5,147 R08 MIS Forestry Logistics Officer I, Range B $4,326 $5,663 S08 MIS Forestry Logistics Officer II $4,369 $5,657
R12 MIS Heavy Equipment Mechanic, Range A $5,445 $6,276 R01 MIS Information Technology Associate $6,147 $8,238
R01 MIS Information Technology Specialist I $7,413 $9,932 S01 MIS Information Technology Supervisor II $8,016 $10,741 R12 MIS Materials and Stores Specialist, Range A $3,762 $4,697 R12 MIS Materials and Stores Specialist, Range B $4,091 $5,151 R04 MIS Office Assistant (General), Range A $2,985 $3,737 R04 MIS Office Assistant (General), Range B $3,281 $4,107 R04 MIS Office Assistant (Typing), Range A $3,085 $3,863 R04 MIS Office Assistant (Typing), Range B $3,346 $4,190 DocuSign Envelope ID: D7B3D7A6-B6FF-4370-9E3C-91E351A2E8A0

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APPENDIX A
PERSONNEL SERVICES MONTHLY SALARY RANGES (Cont’d.)
CBID RET. CLASSIFICATION MINIMUM MAXIMUM
R04 MIS Office Technician (General), Range A $3,543 $4,440 R04 MIS Office Technician (Typing), Range A $3,609 $4,518 R01 MIS Research Data Analyst I $5,212 $6,524
R01 MIS Research Data Analyst II $6,265 $7,848
R01 MIS Staff Services Analyst (General), Range A $3,640 $4,561 R01 MIS Staff Services Analyst (General), Range B $3,941 $4,933 R01 MIS Staff Services Analyst (General), Range C $4,726 $5,916 R01 MIS Telecommunications Systems Analyst I $4,726 $6,212 R01 MIS Telecommunications Systems Analyst II $5,684 $7,474 R12 MIS Warehouse Worker, Range A $3,762 $4,295
R12 MIS Heavy Equipment Mechanic, Range A $5,445 $6,276 R12 MIS Heavy Equipment Mechanic, Range B $5,978 $6,888 NOTE: Some civil service classifications include alternate ranges if applicable criteria are met.

PAY DIFFERNTIAL MATRIX
PAY DIFFERENTIAL PAY DIFF # PERSable OVERTIME LUMP SUM OPEB Night Shift 85 Y Y Y Y
Hazmat 143 Y Y Y Y
Longevity 73 Y Y Y Y
Bilingual 14 Y Y Y Y
Education 45 Y Y Y Y
Assistant Chief 9 Y N Y Y
Recruitment and
Retention 369 Y N Y Y
Commercial DL 34 Y Y Y Y
Passenger
Endorsement 228 Y Y Y Y
Fire Mission 59 Y Y Y Y
Extended Duty Pay 54 Y N Y Y
Paramedic 247 Y Y N Y
Emergency Response
Bonus 50 Y N N Y
Incident Command
Assignment 63 N N N N
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ATTACHMENT B

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STAFF BENEFIT RATES MISC MISC
BU8
MISC
BU12
SAFETY
BU7
SAFETY
BU12
POF
BU8
RETIREMENT 26.60% 26.60% 26.60% 19.18% 19.18% 30.45%
EMPLOYEE LEAVE BUYOUT 3.24% 3.24% 3.24% 3.24% 3.24% 3.24% HEALTH/DENTAL/VISION (HDV) 26.10% 26.10% 26.10% 26.10% 26.10% 26.10% SOCIAL SECURITY INSURANCE (SSI) 6.20% 6.20% 6.20% n/a n/a n/a MEDICARE TAX 1.45% 1.45% 1.45% 1.45% 1.45% 1.45%
LIFE INSURANCE 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
SURVIVOR'S BENEFITS 0.12% 0.12% 0.12% 0.12% 0.12% 0.12%

PREFUNDING OF POST EMPLOYMENT
BENEFITS 3.00% 3.90% 3.60% 4.00% 3.60% 3.90%
SUBTOTAL 66.71% 67.61% 67.31% 54.09% 53.69% 65.26%
WORKERS' COMPENSATION 10.59% 10.59% 10.59% 10.59% 10.59% 10.59% TOTAL 77.30% 78.20% 77.90% 64.68% 64.28% 75.85%
UNEMPLOYMENT INSURANCE (applied to Fire
Fighter I only) MISC MISC
BU8
MISC
BU12
SAFETY
BU7
SAFETY
BU12
POF
BU8
UNEMPLOYMENT INSURANCE n/a n/a n/a n/a n/a 8.61%
ADMINISTRATIVE RATE (include in all contract
costs) MISC MISC
BU8
MISC
BU12
SAFETY
BU7
SAFETY
BU12
POF
BU8
STATEWIDE PRO RATA 5.72% 5.72% 5.72% 5.72% 5.72% 5.72%
CAL FIRE INDIRECT 6.38% 6.38% 6.38% 6.38% 6.38% 6.38%
TOTAL 12.10% 12.10% 12.10% 12.10% 12.10% 12.10%

STAFF BENEFIT RATES MISC MISC
BU8
MISC
BU12
SAFETY
BU7
SAFETY
BU12
POF
BU8
UNPLANNED OVERTIME** 7.65% 7.65% 7.65% 1.45% 1.45% 1.45% EDWC OVERTIME*** 0.00% 0.00% 0.00% 0.00% 0.00% 39.04%
UNIFORM ALLOWANCE* 0.00% 0.00% 0.00% 0.00% 0.00% 1.45%
PARAMEDIC RETENTION**** 0.00% 0.00% 0.00% 0.00% 0.00% 31.90% EMERGENCY RESPONSE BONUS**** 0.00% 0.00% 0.00% 0.00% 0.00% 31.90% ARDUOUS DUTY ASSIGNMENT** 7.65% 7.65% 7.65% 0.00% 0.00% 1.45% *** Retirement, Employee Leave Buyout, Medicare, and Prefunding of post employment benefits Please contact Lev Karshtedt at [email protected] or Chief John Berglund at [email protected] if there are questions regarding these rates. **** Retirement and Medicare
STAFF BENEFIT RATE MATRIX 2024-25
January 2024 - Preliminary
* Medicare
** Social Security and Medicare

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ATTACHMENT C

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Local Government Cooperative Agreement Staff Benefit Rate 2024-25 Benefit Rate Matrix
January 2024 - Preliminary
1 | P a g e
Detailed below is the information on all benefit rates for 2024-25:

1) Retirement
 The retirement rates are based on the proposed rates in the 2024-25 Governor’s Budget, displayed within Control Section 3.60 of the budget bill (SB 917 and AB 1812) for Miscellaneous (weighted average of Tier 1 and Tier 2); State Safety; and Peace Officer/Firefighter (PO/FF) employees.
 If the proposal is approved, the retirement rates will decrease by 5.40 percent for Miscellaneous, decrease by 3.57 percent for Safety, and decrease by 19.55 percent for Peace Officer/Firefighter employees.
 The 2024-25 Governor’s Budget proposes to apply the prior 2023 supplemental pension payment to reduce the unfunded actuarial liability, which will result in reduced employer contribution rates for one year, if approved.  If the proposal is approved, projected rates will be reduced for one year and then return to a similar level the following year, as shown:
* Rates for all years are inclusive of AB 340 (Government Code section 20683.2) amounts
 These rates are subject to change when the CalPERS Board adopts the 2024-25 rates in Spring 2024 and/or when the final rates are adopted as part of the 2024 Budget Act.
 CAL FIRE will work with its internal Administration partners to monitor this budget proposal and communicate out the final budget outcome as soon as it's finalized and shared.
2) Employee Leave Buyout
 The Employee Leave Buyout rate is based on a five-year average of the 2018-19 through 2022-23 past year actuals of all local government employees. The rate is calculated by taking a five-year average of the local government buy-out total costs and Temporary Help Safety Retirement Overlap costs divided by a fiveyear average of the total local government Salaries & Wages and Temporary Help costs.

Current Year*
Proposed
Budget Year*
Projected
Budget Year +1*
Misc 1 & 2 32.00% 26.60% 32.80%
Industrial 21.00% 15.58% 21.88%
Safety 22.75% 19.18% 24.18%
PO/FF 50.00% 30.45% 50.55%

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Local Government Cooperative Agreement Staff Benefit Rate 2024-25 Benefit Rate Matrix
January 2024 - Preliminary
2 | P a g e
 The Employee Leave Buyout rate has increased 0.11 percent due to an increase in local government retirement costs being greater than the local government Salaries & Wages costs.
3) Health/Dental/Vision (H-D-V)
 The H-D-V rate of 26.1 percent is based on the projected total anticipated H-D-V cost for 2024-25, inclusive of a 2025 premium increase estimate. This preliminary rate is subject to change when the CalPERS Annual Health Premiums for calendar 2025 are finalized by the CalPERS Board.  The H-D-V rate is calculated using the local government H-D-V costs divided by the total of the local government Salaries & Wages and Temporary Help costs.

4) Social Security Insurance (SSI)
 The SSI rate is determined by the federal government and is only applied to Miscellaneous employees, as Safety and POF employees are not eligible for Social Security when they retire. If the federal government changes the rate prior to June 30, that change will be reflected in the final Miscellaneous employees’ SSI rate. For context, the SSI rate has not changed historically for many years. 5) Medicare Tax
 The Medicare Tax rate is determined by the federal government. If the federal government changes the rate prior to June 30, that change will be reflected in the final benefit rates. The rate is assessed to every employee’s base salary and is also assessed against Unplanned Overtime and Extended Duty Week Compensation. The Medicare Tax rate has not changed historically for many years.
6) Life Insurance
 The rate is determined by the local government life insurance costs divided by the total of the local government Salaries & Wages and Temporary Help costs.

The rate is not applied to safety classifications since there are currently no safety supervisors in local government agreements with CAL FIRE. The life insurance rate did not change from the prior fiscal year.
7) Survivor’s Benefits
 The rate is determined by the total employer contribution rate, which is set annually by CalPERS. If the rate changes prior to June 30, that change will be reflected in the final benefit rates.

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Item 18.

Local Government Cooperative Agreement Staff Benefit Rate 2024-25 Benefit Rate Matrix
January 2024 - Preliminary
3 | P a g e
 The survivor’s benefit rate could change with the final benefit rates if CalPERS adopts new 2024-25 State 1959 Survivor Monthly Premiums.  The survivor’s benefit rate calculation is determined by multiplying the required employer and employee premiums for the state 5th Level of 1959 survivor benefits; then multiplying by the number of local government employees to get the total premium. The total premium is divided by the total local government employee Salaries & Wages and Temporary Help costs.
8) Prefunding of Post-Employment Benefits (OPEB)
 The annual budget, based on the applicable Bargaining Unit Memorandum of Understanding, requires a state employer contribution to prefund retiree healthcare, referred to as OPEB:
o Bargaining Unit 1, 4, 15 – 3.0 percent
o Bargaining Unit 7 – 4.0 percent
o Bargaining Unit 8 – 3.9 percent
o Bargaining Unit 12 –3.6 percent
 The OPEB rates are based on the rates displayed in the 2024-25 proposed budget bill under Control Section 3.61 by Bargaining Unit.

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Item 18.

Local Government Cooperative Agreement Staff Benefit Rate 2024-25 Benefit Rate Matrix
January 2024 - Preliminary
4 | P a g e
9) Workers’ Compensation
 The Workers’ Compensation rate is calculated based upon the total departmental Workers’ Compensation costs divided by the total departmental Salaries & Wages and Temporary Help costs.
 The Workers’ Compensation rate increased by 0.98 percent due to an increase in total Workers’ Compensation costs being more significant that the increases in total Departmental payroll costs.
10) Unemployment Insurance
 The Unemployment Insurance rate is calculated by the total departmental Unemployment Insurance costs divided by the total department Temporary Help costs.
 The Unemployment rate decreased 0.74 percent due to a decrease in total Unemployment Insurance costs being more significant than the total Departmental Temporary Help payroll costs.
11) Administrative Rate
 The 2024-25 Local Government Rate is currently 12.10 percent, which is the last state and federal control agency approved (2022-23) rate.  CAL FIRE will continue to apply the 2022-23 12.10 percent Local Government Rate until CAL FIRE’s 2023-24 indirect cost rate is approved by the United States Forest Service who is presently reviewing it. Once approved, CAL FIRE will prospectively charge the latest approved state and federal control agency rate.

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Item 18.

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Item 18.

STAFF REPORT
9/25/2024
TO: Honorable Mayor and City Council Members
FROM: Adrian Moreno, Associate Planner
SUBJECT: VMP Night Club & Event Center –Entertainment Permit No. 24-01 and Conditional Use Permit No. 380
SPECIFICS: for a nightclub and special event center to allow for live events and a Type 48 ABC license to allow the on-sale of beer, wine, and distilled spirits at the 5,867 SF commercial suite at 49974 Cesar Chavez Street. Applicant: Reyes Hernandez STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2024-54 approving Conditional Use Permit No. 380 and adopt Resolution No. 2024-55 approving Entertainment Permit No. 24-01, pursuant to the findings and conditions of approval contained in the attached resolution.

BACKGROUND:

VMP Nightclub & Event Center is a proposed nightclub
establishment within a 5,867 SF commercial suite at 49974 Cesar Chavez Street at the commercial plaza at the northeast corner of Avenue 50 and Cesar Chavez Street. The property at 49974 Cesar Chavez Street was previously a furniture store prior to the commercial center remodel in 2015. In May 2015, the commercial center was approved for a remodel, and the 5,867 SF suite has been vacant ever since. The applicant is Reyes Ramirez Hernandez and two associates Hernandez Ilse Alicia and Samantha Aaliyah Hernandez. The applicant Reyes Ramirez Hernandez has operated other establishments that include Viva Mexico Tax & Travel at 52309 Cesar Chavez Street, and previously Mi Lindo Sinaloa at 49967 Cesar Chavez Street. On September 4, 2024, Planning Commission recommended City Council to approve the
Entertainment Permit No. 24-01 and Conditional Use Permit No. 380 with added conditions to require pressure washing and a parking lot lighting plan to be revisited at year of renewal.

Figure 1 - Vicinity Map

Page 265 ends

Item 19.

ABC LICENSE DISCUSSION/ANALYSIS:

The applicant submitted a request for a CUP to allow the on-sale of beer, wine, and distilled spirits at the proposed nightclub and special event center at 49974 Cesar Chavez Street. The zoning designation of the commercial center is Downtown Town –Pueblo Viejo and allows liquor sales with approval of a CUP. Planning Commission recommended for City Council to approve the CUP findings for the alcohol license.

The subject site is located within Census Tract 9404 with a population of 6,242 person, where ABC concentration standards allow a maximum of 5 on-sale, and 3 off-sale licenses, where 20 active licenses exist. Planning Commission recommended for City Council to approve the CUP No. 380 with the findings that the public convenience or necessity justifies the issuance of the liquor license for the establishment.

On-sale establishments may not fall within 700 feet of a church, school, park, playground, residence or another exiting on-sale use as measured from property line to property line. The subject site is within 700 feet of the following active on-sale liquor uses; Pizza Hut restaurant, Carnitas La Piedad restaurant. The subject site is within 700 feet of residential property to the west of the subject property, west of Cesar Chavez Street and south of Avenue 50.

Staff contacted Lieutenant Vasquez with the Riverside County Sheriff regarding any concerns about the proposed business. Lieutenant Vasquez identified a concern with the off-sale of liquor, and requests the use of metal detectors and placement of signage at the exterior that prohibits solicitors as conditions of approval for the project.

The total square footage of the commercial suite is 5,867 SF, with a sales floor area of 5,475 SF and a non-customer area of 392 SF, the total square footage of the commercial suite is 5,867 SF.

This project does not exceed the 5% maximum sales floor area that may be dedicated to the display or sale of alcohol (273.75 SF). The project does not exceed the maximum 20% of gross floor area (1,173 SF) that may be dedicated to the display and storage of alcohol at the proposed establishment.

Hours of Operation:

The establishment hours of operation are listed below. Live entertainment may include live performances, live music, comedy shows, night club use, or other similar live entertainment uses. Indoor ambient music is not restricted. Special event rentals may include birthday parties, anniversaries, or similar uses with no live music permitted. The applicant is requesting a Type 48 ABC license, per ABC requirements, no person under the age of 21 can enter the business during operation hours.

Regular Hours of Operation
a. 2 PM – 10 PM Monday thru Wednesday
b. 2 PM – 2 AM Thursday thru Sunday
Hours Restrictions
c. 1:30 AM is last call for alcohol service

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Item 19.
d. 9 PM – 2 AM Thursday – Sunday Live Entertainment Hours e. 2 PM – 10 PM Wednesday – Friday Special Event Rental Hours f. 8 PM – 1:30 AM – Allowed Dancing or Entertainment Hours ENTERTAINMENT PERMIT USE DISCUSSION/ANALYSIS:

The proposed VMP Night Club and Event Center is a proposed bar, nightclub, and event center that will also allow facility rental for special events. The establishment is required to maintain a system to identify all adults from minors in the entertainment establishment. The floor plan of the VMP Nightclub includes an approximately 288 SF portable stage and a 393 SF dance floor area. The establishment has three different floor plan configurations that provide different table arrangements for a 403 person maximum occupancy. The establishment will not be a full-service restaurant but will have small prepackaged snacks and bar foods such as nachos, chips and salsa, etc.

SECURITY:

The permit conditions of approval require an approved security plan and camera plan from the applicant by City Staff and the Riverside County Sheriff Department. The event security plan requires a minimum of 5 total security guards for events that exceed 50 guests.. Any events that exceed 250 guests are required to provide 1 additional security guard per every additional 50 guests. There shall be a minimum of 1 security officer monitoring the parking lot, a minimum of 2 security officers at the main entrance, and a minimum of 2 security officers that roam the interior of the establishment. Security will help ensure that guests do not solicit outside the premises, control lines outside the main entrance, operate metal detectors, and patrol the interior of the site. At the closing time at 2:00 AM, officers will ensure guests leave the building and security will monitor until 3:00 AM on special event nights Thursday through Sunday.

Parking:

The shopping center is owned by two separate owners. The subject site property owner owns 120 parking spaces at the center. The existing uses (Dollar Tree, Victory Liquor, and Aldinno’s apparel store) require 57 of the 120 parking spaces available. The applicant is required to accommodate 94 additional parking spaces for the VMP project. With the new proposed use, the applicant exceeds the 120 spaces available by 31 spaces. The applicant will be required to accommodate the 31 additional parking spaces with a park share use agreement or other parking measures and is a required project condition of approval.

The adjacent property with the Smart and Final business owns 145 parking spaces and is owned by a different owner. The Smart and Final only requires approximately 110 spaces, leaving 35 spaces of excess parking available. Staff finds that there is sufficient parking at that center to accommodate the 31 additional spaces required for the proposed nightclub.

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Item 19.

Table 2 – Parking Calculation
Location Use Area Parking Ratio Required
Parking
VMP
Nightclub
Dance Floor 393 SF of
Dance
Floor
Dance Floor: 1 space per 30 SF 13 spaces
Waiting Area 1038 SF 1 space per 21 SF of assembly
area
49 spaces
Seating Area 96 seats 1 space per 3 seats 32 spaces
TOTAL 94 spaces
Dollar Tree Commercial 10,120 SF Commercial Ratio: 1 per 250 SF 41 Spaces Victory
Liquor and
Aladinno’s
Commercial 3,922 SF Commercial Ratio: 1 per 250 SF 16 Spaces Total Required Parking 151 required
parking
spaces
required
Total Parking Available (Owner’s property) 120 spaces
provided
(deficient 31
spaces)
Environmental Setting:

The subject business at 49974 Cesar Chavez Street is along the Cesar Chavez Street commercial corridor surrounded by commercial uses, with adjoining zoning and land uses as follows:

North: Andy’s #5 and Pizza Hut (DT-PV, Downtown)
West: Victory Liquor store and Aladinno’s apparel store (DT-PV) South: American Tires (DT-PV, Downtown)
East: Dollar Tree and Smart & Final / (DT-PV, Downtown) LANDSCAPING/PARKING LOT:

The existing commercial site conditions include missing landscape materials and parking lot pavement deficiencies. As conditions of approval for this project, the applicant is required to make the improvements and be subject to a maintenance agreement with the city.

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Item 19.

SITE IMPROVEMENTS:

The applicant is required to make improvements
at the rear entrance to the property at Cesar
Chavez Street, which include construction of a
security fence, ADA ramp, trash enclosure, and
paving improvements. The security fence is
requested to control access and deter
trespassing. The ADA ramp will provide ADA
accessibility to the rear entrance. A new trash
enclosure would replace the existing chain link
enclosure that is in neglected condition.

ENVIRONMENTAL REVIEW:

Staff has determined that the proposed project is
categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act as “Existing Facilities” (CEQA Guidelines, Section 15301). The proposed project consists of the operation, licensing and minor alteration of an existing private commercial structure involving negligible or no expansion of existing or former commercial use on the property. The subject site does not propose expansion of the existing floor area.

ALTERNATIVES:
1) Adopt Resolution No. 2024-54 and Resolution No. 2024-55 to approve Entertainment Permit No. 24-01 and Conditional Use Permit No. 380 with the findings and conditions as recommended by Staff.
2) Adopt Resolution No. 2024-54 and Resolution No. 2024-55 with the findings and conditions as recommended by Staff with modifications as proposed by the City Council. 3) Not approve Resolution No. 2024-54 and Resolution No. 2024-55 and request that staff prepare a City Council Resolution for denial of Entertainment Permit No. 24-01 and Conditional Use Permit No. 380.
4) Continue this item and provide staff and the applicant with direction.

CONCLUSIONS AND RECOMMENDATIONS
Based on the analysis contained herein and the findings listed below, staff is recommending that the City Council approve alternative #1, to approve Entertainment Permit No. 24-01 and Conditional Use Permit No. 380, with the findings and conditions listed in Resolution No. 2024- 54 and Resolution No. 2024-55.

Figure 2 - Site Improvements

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Item 19.

Attachments:

1. Resolution No. 2024-54
a. Exhibit A – Conditions of Approval

2. Resolution No. 2024-55
a. Exhibit A – Conditions of Approval
b. Exhibit B – Development Plan Set

3. Security Plan

4. Landscape Exhibit

5. Vicinity Map

6. Site Photos

7. Property Owner Map

8. Existing On-Sale Licenses – Tract 9404

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Item 19.

Resolution No. 2024-54

Page 1 ends

RESOLUTION NO. 2024-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 380 TO

ALLOW THE BAR USE AND THE ON-SALE BEER, WINE, AND DISTILLED SPIRITS SERVICE FOR THE 5,867 SQUARE FOOT VMP NIGHT CLUB AND EVENT CENTER OPERATING UNTIL 10 P.M. MONDAY THROUGH
WEDNESDAY AND UNTIL 2:00 A.M. THURSDAY TO SUNDAY (ABC
LICENSE TYPE 48 – ON SALE GENERAL – PUBLIC PREMISES), IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 49974 CESAR CHAVEZ STREET, (APN 603-310-005); REYES RAMIREZ HERNANDEZ, APPLICANT.

WHEREAS, Reyes Ramirez Hernandez, with associates Ilse Alicia Sigler and Samantha Aaliyah Hernandez, filed an application for Conditional Use Permit No. 380 (CUP 380) to allow a 5,867 square foot bar, nightclub, and event center with service of beer, wine, and distilled spirits (ABC License Type 48 – On Sale General – Public Premises) in an existing commercial building located at 49974 Cesar Chavez Street; Assessor’s Parcel No. 603-310-005 (“Project”); and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing for Conditional Use Permit No. 380 and also consideration of Entertainment Permit No. 24-01 on September 4, 2024 at 1515 6th Street, Coachella, California regarding the proposed Project; and,
WHEREAS, the City Council conducted a duly noticed public hearing for CUP No. 380 and also consideration of Entertainment Permit No. 24-01 on September 25, 2024 at 1515 6th Street, Coachella, California; and,
WHEREAS, at the City Council hearing, the Applicant and members of the public were present and were afforded an opportunity to testify regarding the Project; and,
WHEREAS, the Project is permitted pursuant to Chapter 5.24 and Chapter 17.74 of the Coachella Municipal Code.

WHEREAS, the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and,
WHEREAS, the proposed site is adequate in size and shape to accommodate the proposed bar, nightclub, and event center with on-sale beer, wine, and distilled spirits; and,
WHEREAS, the site for proposed use relates properly to streets which are designed to carry the type and quantity of traffic to be generated by the proposed use; and, Attachment 1

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Item 19.

Resolution No. 2024-54

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coachella, California does hereby recommend approval of Conditional Use Permit No. 380, subject to the findings and conditions of approval listed below.

Section 1. Incorporation of Recitals
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.

Section 2. CEQA Findings
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act as an “Existing Facilities” project (CEQA Guidelines, Section 15301) as the proposed project and on-sale service of alcohol consists of the operation, licensing, and minor alteration of an existing private commercial structure involving negligible or no exterior expansion.

Section 3. Conditional Use Permit Findings
With respect to Conditional Use Permit No. 380, the City Council finds as follows for the proposed on-sale alcohol request:

1. The proposed use will not be in conflict with, but will be in harmony with and in accordance with the objectives of the general plan because the proposed bar, nightclub, and event center use with alcohol sales is within the Downtown Center land use designation according to the General Plan 2035, which intends to provide convenient access and parking for motorists while also providing an attractive shopping environment. The on sale offerings of beer, wine and distilled spirits at VMP Nightclub and Event Center will provide a unique service to the Downtown Center and citywide that accomplishes the goals of the General Plan. The event center would help further the city’s goal to make Coachella a destination for tourism and entertainment by providing an entertainment attraction that is expected to provide entertainment for residents and bring in tourists from outside the city.

2. The proposed use will be located, designed, constructed, operated and maintained so as to be compatible with the existing character of the general vicinity and shall not change the essential character of the same area because the proposed use is within a zoning designation of ‘DT-PV' (Downtown) which permits bar and entertainment uses with

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Item 19.

Resolution No. 2024-54

Page 3 ends

alcohol service subject to obtaining a conditional use permit to sell alcoholic beverages.

The proposed use is located on Cesar Chavez Street and is compatible with the adjoining commercial uses and the conditional use permit can be revoked if any of the conditions of approval are violated.

3. Consideration has been given to harmony in scale, bulk, coverage and density, to the availability of public facilities and utilities, to harmful effect, if any, upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of development, because the existing commercial tenant space is within an existing commercial building with existing infrastructure available on-site for the bar, nightclub, and event center and an existing commercial parking lot.

4. Where the proposed use may be potentially hazardous or disturbing to existing or reasonably expected neighboring uses, it must be justified by the common public interest as a benefit to the community as a whole. As conditioned, the proposed use will provide for the sale of alcoholic beverages. The Riverside County Sheriff reviewed the conditions of approval for this project that pertain to security, and indicated that there are no concerns about the operations of this establishment, including service of on-sale beer, wine, and distilled spirit service. As such, there are no anticipated hazardous or disturbing effects to the existing and neighboring uses.

5. The proposed use provides vehicular approaches to the property designed for reasonable minimal interference with traffic on surrounding public streets or roads as the commercial center that the subject business is located in is already existing and traffic and vehicular approaches were already considered and approved by the City. The City of Coachella has determined that the proposed project is categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act as an “Existing Facilities” project (CEQA Guidelines, Section 15301) as the proposed project and on-sale service of alcohol consists of the operation, licensing, and minor alteration of an existing private commercial structure involving no exterior expansion.

6. Although the VMP Nightclub and Event Center does fall within seven hundred (700) feet, measured from property line to property line, of residential uses, the benefit of the proposed bar, nightclub, and event center outweights the distance restrictions and the public convenience or necessity is justified to issue the on-sale beer, wine and distilled spirits license as the proposed bar, nightclub, and event center will offer a unique performance and entertainment venue that would be an entertainment destination for Coachella residents and to draw visitors from around the region. The project is on a major corridor and in the Downtown Center designation, which is envisioned to have such entertainment uses. The nearest residence is approximately 680 feet southwest from the project and is separated by Cesar Chavez Street and Avenue 50. The subject property is not within a 700 foot distance of a religious use.

7. Although the VMP Nightclub and Event Center establishment does fall within seven hundred (700) feet, measured from property line to property line, of an existing liquor

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Item 19.

Resolution No. 2024-54

Page 4 ends

on-sale use (Pizza Hut restaurant, Carnitas La Piedad restaurant), and residential property west of the subject property, the benefit of the proposed bar, nightclub, and event center outweighs the distance restrictions and the public convenience or necessity is justified to issue the (Type 48 On-Sale General – Public Premises) alcohol license as the bar, night club, and event center will offer a unique amenity and entertainment venue in the downtown area available to Coachella residents. A condition of approval for CUP 380 requires that not greater than 20 percent of the gross floor area or 1,500 sq. ft. whichever is less is dedicated to a bar or storage, sales, and display of liquor/alcoholic beverages and said area is separated by physical barriers from the main seating area for serving meals.

8. The bar, nightclub and event center establishment at the location will not adversely affect the economic welfare of the nearby community, but rather would expand the availability of jobs and would serve as an anchor for the commercial center, which would also provide jobs and increase the City's sales tax revenues.

9. The exterior appearance of the structure of the proposed establishment will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration, or substantially diminish or impair the property values within the neighborhood. The business is located in an existing commercial center that was approved under Architectural Review.

Section 4. City Council Approval
Based on the foregoing recitals and findings above, and the written and oral comments, facts and evidence presented, the City of Coachella City Council approves Conditional Use Permit No. 380 subject to and amended by conditions of approval in “Exhibit A.”

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Item 19.

Resolution No. 2024-54

Page 5 ends

PASSED APPROVED and ADOPTED this 25th of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven A. Hernandez
Mayor
ATTEST:

Angel M. Zepeda
City Clerk
APPROVED AS TO FORM:

Carlos Campos
City Attorney

Page 275 ends

Item 19.

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. 2024-54 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 25th of September 2024 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________________
Delia Granados
Deputy City Clerk

Page 276 ends

Item 19.

Resolution No. 2024-54 EXHIBIT A
Exhibit A – Resolution No. 2024-54
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 380 General Conditions

1.) The conditional use permit shall expire and shall become void two years following the date on which the conditional use became effective unless alcohol sales is commenced within 12 months of the effective date of this Conditional Use Permit or an extension of time is reviewed by the Planning Commission. A request for time extension shall be filed in a timely manner with applicable fees.

2.) Conditional Use Permit No. 380 is an approval for the on sale of beer, wine and distilled spirits in conjunction with the VMP Night Club & Event Center. This approval is based on the floor plan submitted for the proposed project. Violation of any of the conditions of approval shall be cause for revocation of the Conditional Use Permit. The off-sale of alcohol shall be prohibited.

3.) The applicant shall defend, indemnify and hold harmless the City of Coachella, its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City, its officials, officers, employees or agents to attack, set aside, void or annul any project approval or condition of approval of the city concerning this project, including but not limited to any approval or condition of approval or mitigation measure imposed by the City Council or Planning Commission. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees and agents in the defense of the City Attorney, within five days of the effective date of this approval.

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

5.) Not greater than 20 percent of the gross floor area or 1,500 sq. ft. whichever is less is dedicated to a bar or storage, sales, and display of liquor/alcoholic beverages and said area is separated by physical barriers from the main seating area for serving meals.

6.) Any break in service, meaning the closure of the establishment for a period of 180 consecutive days, will result in the expiration of this CUP.

7.) The applicant shall comply with all requirements and conditions of approval as included in Entertainment Permit No. 24-01.

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Item 19.

Resolution No. 2024-55

Page 1 ends

RESOLUTION NO. 2024-55

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

CALIFORNIA APPROVING ENTERTAINMENT ESTABLISHMENT PERMIT NO. 24-01 TO ALLOW ENTERTAINMENT EVENTS WHERE ON-SALE BEER, WINE, AND DISTILLED SPIRITS SERVICE IS PROVIDED IN A 5,867

SQUARE FOOT TENANT SPACE FOR THE VMP NIGHT CLUB AND EVENT CENTER, IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 49974 CESAR CHAVEZ STREET (APN 603-310-005); REYES RAMIREZ
HERNANDEZ, APPLICANT.

WHEREAS, Reyes Ramirez Hernandez, with associates Ilse Alicia Sigler and Samantha Aaliyah Hernandez, filed an application for Entertainment Permit No. 24-01 (EP No. 24-01) to allow a 5,867 square foot bar, nightclub, and event center with service of beer, wine, and distilled spirits (ABC License Type 48 – On Sale General – Public Premises) and live performances to include live musical groups, comedians, karaoke, and more Thursday through Friday in an existing commercial building located at 49974 Cesar Chavez Street; Assessor’s Parcel No. 603-310-005 (“Project”); and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on Entertainment Permit No. 24-01 and also consideration of CUP No. 380 on September 4, 2024 at 1515 6th Street, Coachella, California regarding the proposed Project; and, WHEREAS, the City Council conducted a duly noticed public hearing for Entertainment Permit No. 24-01 and also consideration of CUP No. 380 on September 25, 2024 at 1515 6th Street, Coachella, California; and, WHEREAS, at the City Council hearing, the Applicant and members of the public were present and were afforded an opportunity to testify regarding the Project; and,
WHEREAS, the Project is permitted pursuant to Chapter 5.24 and Chapter 17.74 of the Coachella Municipal Code.

WHEREAS, the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and,
WHEREAS, the proposed site is adequate in size and shape to accommodate the proposed bar, nightclub, and event center with on-sale beer, wine, and distilled spirits; and, WHEREAS, the site for proposed use relates properly to streets which are designed to carry the type and quantity of traffic to be generated by the proposed use; and, Attachment 2

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Item 19.

Resolution No. 2024-55

Page 2 ends

WHEREAS, the proposed project is exempt from the California Environmental Quality Act, as amended; and,
WHEREAS, the conditions as stipulated by the City are necessary to protect the public health, safety and welfare of the community
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coachella, California does hereby approve of Entertainment Permit No. 24-01, subject to the findings and conditions of approval listed below.

Section 3. Entertainment Establishment Permit Findings
With respect to Entertainment Permit No. 24-01, the City Council finds as follows for the proposed entertainment permit request:

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

2. The applicant possesses the required moral character to comply with the requirements of Chapter 5.24 and the conditions of approval imposed herein. As conditioned, the proposed added security measures will ensure that the public safety for the business will be maintained to the satisfaction of the Chief of Police.

3. The applicant has sufficient resources and expertise to operate the proposed entertainment venue in a safe, professional and effective manner in accordance with the City's Municipal Code. The owner has successfully operated other like establishments within the city and at other cities including Viva Mexico Tax & Travel and Mi Lindo Sinaloa

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Item 19.

Resolution No. 2024-55

Page 3 ends

within the City of Coachella. The Riverside County Sherriff and City Code Enforcement reported no issues with the calls for service history at these establishments.

4. The proposed use will not be in conflict with, but will be in harmony with and in accordance with the objectives of the general plan because the proposed bar, nightclub, and event center use with alcohol sales is within the Downtown Center land use designation according to the General Plan 2035, which intends to provide convenient access and parking for motorists while also providing an attractive shopping environment. The on-sale offerings of beer, wine and distilled spirits at VMP Nightclub and Event Center will provide a unique service to the Downtown Center and citywide that accomplishes the goals of the General Plan. The event center would help further the city’s goal to make Coachella a destination for tourism and entertainment by providing an entertainment attraction that is expected to provide entertainment for residents and bring in tourists from outside the city.

5. The City of Coachella has determined that the proposed project is categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act as an “Existing Facilities” project (CEQA Guidelines, Section 15301) as the proposed project and on-sale service of alcohol consists of the operation, licensing, and minor alteration of an existing private commercial structure involving negligible or no exterior expansion.

Section 4. City Council Approval
Based on the foregoing recitals and findings above, and the written and oral comments, facts and evidence presented, the City of Coachella City Council approves of Entertainment Permit No. 24-01 subject to conditions of approval in “Exhibit A”, and Development Plan Set “Exhibit B”.

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Item 19.

Resolution No. 2024-55

Page 4 ends

PASSED APPROVED and ADOPTED this 25th of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven A. Hernandez
Mayor
ATTEST:

Angel M. Zepeda
City Clerk
APPROVED AS TO FORM:

Carlos Campos
City Attorney

Page 281 ends

Item 19.

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. 2024-55 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 25th of September 2024 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Delia Granados
Deputy City Clerk

Page 282 ends

Item 19.

Resolution No. 2024-55 EXHIBIT A
Exhibit A – Resolution No. 2024-55
CONDITIONS OF APPROVAL FOR ENTERTAINMENT PERMIT NO. 24-01

VMP NIGHTCLUB AND EVENT CENTER
General Conditions

1.) Entertainment Permit No. 24-01 is an approval for an entertainment venue where alcohol may be served with entertainment from Thursday through Sunday. The approval is based on the site plan and floor plan submitted for the proposed project. Violation of any of the conditions of approval shall be cause for revocation of the Entertainment Permit No. 24-

01. 2.) The applicant shall defend, indemnify and hold harmless the City of Coachella, its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City, its officials, officers, employees or agents to attack, set aside, void or annul any project approval or condition of approval of the city concerning this project, including but not limited to any approval or condition of approval or mitigation measure imposed by the City Council or Planning Commission. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees and agents in the defense of the City Attorney, within five days of the effective date of this approval.

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

4.) Entertainment Establishment Permit No. 24-01 shall be valid for 12 months commencing on the first day of the operation. A request for renewal must be submitted by the applicant in order to extend the term of the Permit after the initial term of 12 months has lapsed, at which time the City Council will review compliance with the conditions of approval and consider granting up to a 36-month renewal of the entertainment permit. Relinquishment of the entertainment permit will require an amendment to this resolution, subject to review by the City Council.

5.) Any violation of the conditions of approval for this project may result in the issuance of citations and fines, and may result in revocation of the Entertainment Establishment Permit.

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

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

7.04). No amplified sound equipment or live music performances are permitted to occur outdoors. Entrances shall be closed during events, and shall not be continuously left open for an extended period of time during events. The applicant shall mitigate noise levels if determined by the Code Enforcement Manager to be excessive through measures approved

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by the Code Enforcement Manager and with consultation of a certified acoustical professional.

8.) The applicant shall comply with Municipal Code requirements of Chapter 5.24 – Entertainment Establishments where alcohol is served.

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

10.) The applicant shall obtain all other applicable permits, if required, from the appropriate agencies (i.e. Fire Department, Building Division, City Engineering Department, Sheriff’s Department, and Department of Public Health, etc.).

Signage

11.) All exterior signage shall comply with the City of Coachella Sign Ordinance. Signage shall be approved by the Development Services Department and installed prior to Certificate of Occupancy. Signage shall be individual channel lettering or other high quality signage.

12.) Signage advertising brands of alcoholic beverages or the availability of alcoholic beverages shall not be visible from the exterior of the building or anywhere off-site.

Hours of Operation

13.) Hours of operation and restrictions for event venue are as listed below. Live Entertainment may include live performances, live music, comedy shows, night club use, or other similar live entertainment uses, this restriction does not apply to ambient music. Special event rentals may include birthday parties, anniversaries, or similar uses with no live music permitted. No dancing or entertainment shall be permitted prior to eight p.m. nor after onethirty a.m for all days. The City reserves the right to modify the hours of business operation after 12 months of continuous Entertainment establishment use has lapsed, based on information provided by the Coachella Police regarding calls for service.

Regular Hours of Operation
a. 2PM – 10PM Monday thru Wednesday
b. 2PM – 2AM Thursday thru Sunday
Hours Restrictions
c. 1:30AM is last call for alcohol service
d. 9PM – 2AM Thursday – Sunday Live Entertainment Hours e. 2PM – 10 PM Wednesday – Friday Special Event Rental Hours f. 8PM – 1:30 AM – Allowed Dancing or Entertainment Hours

14.) Any other proposed entertainment event beyond the scope of this permit shall require a special event permit to be approved by the City Manager's office. Said application and applicable fees shall be submitted a minimum of ten (10) working days, not including days when City Hall is closed, prior to the event.

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Resolution No. 2024-55 EXHIBIT A
Security

15.) The following preventative measures shall be undertaken to reduce the potential for alcohol related problems:
a. Food service, which may include snacks, shall remain available during all hours of operation;
b. Taxicab phone numbers shall be posted in visible locations at all times in the area(s) where alcohol is served;
c. All employees selling or serving alcohol shall be required to participate in an alcohol management training program prior to the operation of selling/serving alcohol. Applicant shall provide confirmation that employees to serve alcohol upon first event to City staff have obtained training and applicant shall obtain acknowledgement by the Development Services Director or designee that the training was completed; and
d. The availability of a variety of non- alcoholic beverages shall be made known and offered to customers.

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

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

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

19.) The applicant shall employ the use of hand- held metal detectors at all entrances to protect the safety and general welfare of patrons or of the public.

20.) A minimum of one licensed security officer will be required for Thursday through Sunday after 8 p.m. when any entertainment events occur (musicians, karaoke, or similar related entertainment activities), unless more security is required per the approved security plan for this project. Applicant shall comply with the required approved Security Plan for the project. Applicant shall meet the minimum security requirements and other security measures per the approved Security Plan.

21.) Licensed security guards shall be required for events that exceed 50 guests or when alcohol is served subject to the approved security plan. These guards must possess State of

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Resolution No. 2024-55 EXHIBIT A
California guard cards issues through the California Department of Consumer Affairs.

Additional guards shall be used as needed to adequately patrol the parking areas. The City Manager, Code Enforcement Manager or Chief of Police may administratively modify the entertainment permit security plan as deemed necessary to preserve the safety and welfare of guests and the public.

22.) A maximum of 403 total occupants are permitted on-site for events at any given time. The applicant shall maintain a count of all event participants on-site at all times during events.

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

23.) Applicant or property owner shall be responsible in installing security cameras in the parking lot to ensure that the Sheriff’s Department has video surveillance or evidence should any public safety issue arise from the establishment or proposed business use; such as, but not limited to fights, shootings, noise, public intoxication. Parking lot security cameras shall be installed prior to certificate of occupancy to the satisfaction of the Development Services Director.

24.) A camera plan shall be reviewed and approved by Coachella Police and Code Enforcement Division prior to occupancy and installation. Applicant is required to provide camera footage to City staff or Police based on any incidences of concern on the property or related to the nightclub operation.

25.) Applicant shall ensure to their best ability, that the area in front of nightclub is free of solicitors at all times of the day, which includes the tenant frontage directly adjacent to the nightclub, property frontage along Cesar Chavez Street, and shopping center parking stalls.

Signage that prohibits solicitors shall be posted outside of tenant premises.

26.) Applicant shall provide a patron line queue plan that shows how the event center will ensure that any queuing lines are organized, avoid any blockage of accessible pathways, and neighboring tenant entrances/exits are blocked off. Applicant shall submit for City review prior to certificate of occupancy. City Staff or Riverside County Sheriff Department may administratively approve and require modifications to patron line queue plan as deemed necessary to preserve the safety and welfare of guests and the public.

Improvements

27.) Exterior. Applicant or property owner shall improve exterior property area outside rear entrance which shall include replacement of missing rails, improvement of rear pavement to a first class condition, improvements at concrete landing at exit, landscape improvements within planter established adjacent to existing sidewalk, new tubular fencing and gate to control rear access, all trash bins shall be placed in improved trash enclosure for approval by the Development Services Department and completed prior to issuance of a certificate of occupancy and commencement of events.
e. 10 foot long landscape planter with irrigation, with a variety of shrub and flower varieties. Add ¾ inch gravel California Gold. Landscape Planter shall be constructed up to any required ADA access ramp. Shall provide varieties of

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Resolution No. 2024-55 EXHIBIT A
flowering and shrubs, and a shade tree. This may include bougainvillea shrubs, red yucca, agave, or other high quality desert landscape plants to be approved by the Director of Development Services.
f. Replacement of missing rails at exterior exit and stairs. g. Installation of ADA ramp improvements.
h. Trash Enclosure shall be constructed. Trash enclosure shall be designed to be compatible with the existing structure, and shall include overhead enclosure. The trash enclosure shall be of masonry construction with metal gates and shall be architecturally compatible with main commercial center. Trash enclosure shall be sufficient in size to fit trash bins. Please reach out to Cynthia Avalos – Burrtec [email protected] for trash enclosure requirements. Applicant shall submit trash enclosure plans to be approved and installed prior to Certificate of Occupancy
i. New approximately 6 ft high tubal fence and gate at rear entrance at Cesar Chavez Street is required to be installed. A knox box is required. The required rear fence and gate is required to completely enclose the rear area to prohibit vehicular and pedestrian trespassers. Fence design to be administratively approved by Development Services Director.
j. Pavement (concrete or asphalt) shall be installed at rear entrance at Cesar Chavez Street for all unimproved surfaces up to existing concrete pad behind the Dollar tree, approximately located 200 feet from the public R.O.W.

28.) Parking Lot. Applicant shall repair the on-site parking lot, curb, driveway, and driveway approach pavement to a high quality and safe condition in conformance with the standards of the City Municipal Code to the satisfaction of the City Engineer. Parking lot parking spaces to be restriped to the satisfaction of the City Engineer and Development Services Director.

29.) Landscape. Property Owner shall rehabilitate existing landscape and irrigation areas.

Landscape areas shall be rehabilitated along all landscape areas visible from the public R.O.W along Cesar Chavez Street, and all on-site parking lot landscape areas, to the satisfaction of the Director of Development Services. The property owner shall submit a final landscape exhibit or equivalent landscape document for entire center owned by the property owner, to be approved by the Development Services Director prior to Certificate of Occupancy. Property owner shall show on the required landscape submittal, and make the following improvements:
k. Replace missing, dead, or decaying landscaping.
l. Add ¾ inch gravel California Gold in all landscape areas visible from the public R.O.W along Cesar Chavez Street.

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Resolution No. 2024-55 EXHIBIT A
m. Add complete ¾ inch gravel California Gold or a combination of ¾ inch gravel and DG in all on-site parking lot landscape areas to ensure compatibility with entire center.
n. Shall provide varieties of flowering and shrubs. This may include bougainvillea shrubs, red yucca, agave, or other high quality desert landscape plants to be approved by the Director of Development Services.
o. Shall install landscape and irrigation at the southern rear entrance at Cesar Chavez Street.
p. Shall ensure new and existing on-site and off-site irrigation is in functional condition.
q. Landscape areas shall include shade trees, varieties of flowering and shrubs. r. Applicant shall install a weed fabric below DG and rock to prevent weeds for landscape areas to the satisfaction of the Development Services Director. s. Applicant may provide an alternative landscape design from the above landscape improvement requirements that ensures a first class landscape design to be approved by the Director of Development Services.

30.) Rooftop Equipment. Screening of new rooftop equipment is required. Exposed mechanical equipment shall be visually screened by a seventy-five (75) percent (minimum) opaque or solid, non-reflective visual barrier. The design and materials of the visual barrier shall comply with the following requirements: Screening be comprised of parapets, screen walls, trellis systems, or mechanical penthouses and shall include common design elements and finish materials of the building facades. Screening shall be as high and wide or higher and wider than the equipment it screens. Mechanical equipment screening shall be to the satisfaction of the Development Services Director.

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

32.) All on-site and off-site requirements for the project shall be completed prior to Certificate of Occupancy to the satisfaction of the Development Services Director.

Maintenance

33.) Applicant or property owner shall enter into a Parking Lot and Landscape Maintenance Agreement with the City of Coachella for the commercial center landscape areas prior to Certificate of Occupancy. Maintenance Agreement shall ensure commercial irrigation and landscaping is maintained in a first class condition. Asphalt pavement shall be improved clear of cracks and other visible deterioration. Shall be met to the satisfaction of the City Engineer and Development Services Director. Landscape Maintenance Agreement shall

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Resolution No. 2024-55 EXHIBIT A
provide a detailed description that includes a list of plant types and plant counts that are required in each landscape area.

34.) The exterior area in front of nightclub and exterior area at the outside rear entrance shall be maintained in a good and clean condition at all times, and the owner or operator of the facility shall be responsible for the regular removal and clean-up of trash, visible spills, stains, debris, refuse, dirt, grime, weeds, and any other neglected or unkept condition.

General

35.) Parking. At the discretion of the Development Services Director, the Director may require parking improvement measures if it is determined that the parking impacts/demand from the businesses do not meet the current on-site or off-site parking supply.

36.) Applicant shall submit a Parking Share Use Agreement or equivalent parking measures prior to certificate of occupancy to meet parking requirements for the project, to the satisfaction of the Development Services Director.

37.) Burrtec. Applicant shall coordinate with Burrtec and meet their requirements for the project. This business may require the (3) waste program which include trash, recycling and organic recycling services.

38.) Any gate established at the rear entrance to the property along Cesar Chavez Street is required to be open on service days and be clear of obstructions for Burrtec services of bins.

The gate shall be closed once Burrtec services are complete.

Building

39.) Plans must be prepared by Licensed Design Professional.

40.) Show handicap access and seating at bar and all areas of the proposed seating areas.

41.) The proposed rear egress door shall have handicap accessibility to the public right of way.

The current rear door leads to non-accessible stairs. Show exterior path of travel at rear door.

42.) Maintain and repair handicap parking stalls, striping and ramps for the proposed TI.

43.) Stage shall be equipped with a ramp or lift for accessibility.

44.) Show 5’ radius at all accessible restrooms.

Utilities

45.) Is this project proposing using the same meter as Dollar Tree and same sewer connection?

46.) Project may be required to make its own separate connections to the water and sewer system

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Resolution No. 2024-55 EXHIBIT A

47.) Submit water and sewer plans to Engineering for approval from Utilities Manager

48.) Applicant will be required to submit a source control survey; all requirements shall be completed prior to issuance of a certificate of occupancy

49.) Detailed plumbing and mechanical plans shall be submitted

50.) Water & Sewer impact fees to be paid prior to certificate of occupancy

51.) Project must install a designated water service connection with a 4G AMI master meters.

52.) Backflows required on all nonresidential meters, backflow devices would require Reduced Pressure Principle Device (RP) within 12 inches of water service installed to protect water supply from contamination or pollution.

53.) Domestic water service line Type K Soft Copper Tubing Polywrap-C Blue (6Mil, use applicable size)

54.) Additional requirements subject to water and sewer plan checking process

55.) All new water and sewer service connections must be shown on water and sewer improvement plans.

56.) Plumbing blueprints depicting water, sanitary, industrial, and/or grease waste line. (all lines that are applicable)

57.) Domestic water and sewer point of connection to the City’s utilities.

58.) Plumbing code fixture schedule with total DFU’s listed.

59.) Complete wastewater discharge survey.

60.) For tenant improvements, current and proposed plumbing code fixture schedule must be provided

61.) Pretreatment equipment/Sample box: (if applicable) Provide manufacture specifications and sizing chart.

62.) Pretreatment Equipment Minimum Requirements
t. 750 gal minimum
u. Clean outs and vents before and after pretreatment equipment v. Sample box immediately downstream of the pretreatment equipment w. Multi suite buildings requesting pretreatment installation require separate sewer lateral connection per pretreatment device.

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Resolution No. 2024-55 EXHIBIT A
Fire

63.) Applicant shall satisfy all Fire Department conditions listed below, and all additional conditions requested from the Fire Department for the project prior to certificate of occupancy. All fire conditions for the project shall be addressed by the applicant to the satisfaction of the Fire Department.

64.) PRIOR TO FINAL- FIRE SPRINKLERS. Prior to issuance of Certification of Occupancy or Building Final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinklers plans shall be submitted to Fire Marshal’s office for approval prior to installation

65.) PRIOR TO FINAL- FIRE ALARM. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station or as approved by Riverside County Fire, based on a requirement for monitoring the sprinkler system, occupancy, or use. Fire alarm panel shall be accessible from the exterior of building in an approved location. Plans shall be submitted to the Fire Marshal’s office for approval prior to installation.

66.) PRIOR TO FINAL- HAZMAT PLAN. Prior to issuance of Certificate of Occupancy, approval shall be required from the County of Riverside Community Health Agency (Department of Environmental Health) and Fire Marshal’s office to maintain, store, use, handle materials, or conduct process which produce conditions hazardous to life or property, and to install equipment used in connection with such activities.

67.) PRIOR TO FINAL- FIRE EXTINGUISHERS. Prior to issuance of Certificate of Occupancy, fire extinguishers of appropriate type and size shall be mounted in an accessible location within adequate travel distance.

68.) PRIOR TO FINAL KNOX BOX. Prior to issuance of Certificate of Occupancy, a “Knox Box Rapid Entry System” shall be provided. The Knox Box shall be installed in an accessible location approved by the Fire Code Official. All exterior security emergency access gates shall be electronically operated and be provided with Knox key switch for access by emergency personnel.

69.) PRIOR TO FINAL TANK PERMIT. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall be responsible for obtaining underground and/or aboveground tank permit for the storage of combustible liquids, flammable liquids or any other hazardous material from both the County of Riverside Community health Agency Department of Environmental health and Fire Marshal’s office.

Additional Conditions

70.) Pressure washing shall be required twice a month.

71.) Parking lot lighting plan shall be revisited at year of renewal.

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Item 19.

SHEET OF

SHEET TITLE

DESCRIPTION
PROJECT NO:

MODEL FILE:

DRAWN BY:

CHK'D BY:

MARK DATE
T-101
Thursday, August 22, 2024
03282024
#Contact Full Name
Bob Sipovac
Sipovac Construction Inc.

VMP Event Center. 04.11.24 V27.pln
SCALE:

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A T E O F C A L I F O R
N I A
W
E N D E L L W . V E I T
H
NO. C5297
REN. 11-30-25
Title Sheet
1 25
CONSULTANTS . . . . . . . . . . . . . . . .

DESIGN ARCHITECT:

Wendell W. Veith
80-300 Ullswater Dr.

Indio ca. 92203
760-953-4556
MECHANICAL:

Sipovac Construction Inc.
72-651 Theodora Lane
Palm Desert, CA 92260
760-567-2347
CSLB # 581636
ELECTRICAL:

Sipovac Construction Inc.
72-651 Theodora Lane
Palm Desert, CA 92260
760-567-2347
CSLB # 581636
CIVIL:

GENERAL CONTRACTOR . . . . . . . . .

Parra Construction
OWNER . . . . . . . . . . . . . . . . . .

Daniel Glubaich
175 E Main St.

Morgan Hill, 95037
760-567-2347
APN # 603-310-005
LEGAL ADDRESS :

POR SEC 32 T5S R8E
OCCUPANT LOAD ANALYSIS PER TABLE 1004.5 CBC 2022
AREA SQ.FT. LOAD FACTOR OCCUPANCY LOAD

ASSEMBLY / FIXED / UNCONCENTRATED /

STANDING SPACE
4735 SQ.FT. / 12 / SEC. 1004.5.1 393
RESTROOMS 392 SQ.FT. 0
STORAGE AREA 60 SQ.FT. / 300 1
STAGE AREA 288 SQ.FT. / 5 58
OFFICE AREA 200 SQ.FT. / 150 2
BAR AREA 192 SQ.FT. / 150 2
TOTAL OCCUPANT LOAD . 456
1 T-101
G-101
G-102
G-103
A-101
A-102
A-103A
A-103B
A-103C
A-104
A-105
A-106
A-107
A-108
A-109
A-110
A-111
E-1
E-2
E-3
M-1
P-1
P-2
P-3
Title Sheet
Cal Green
Cal Green
Cal Green
Site Plan
Expanded Site
Floor Plan A
Floor Plan B
Floor Plan C
Floor Dim
Reflected Ceiling Plan
Roof Plan
Accessibility Details
Accessibility Details
Typ. Metal Stud Detail
Typ. Metal Stud Detail
T-Bar Ceiling Details
Elec. General Notes
Electrical Plan
Title 24
Mech Plan
General Notes
Plumbing Plan
Pumbing Details & ISO
N

SUBJECT PROPERTY

SCOPE OF WORK
Symbols Legend
General Notes
Vicinity Map
Annotation Symbol - bottom half for sheet and top for item number
Door Symbol
Window Symbol
Section symbol
A
C
D B Interior Elevation symbol
Partial Section
Landscape Symbol
1 D1.1
VMP Night Club & Event Center
1 A4.1
1 A4.1
A4.1
1 Index to Drawings
New Tenant Improvement,
New Electrical, Plumbing, Mechanical
New Platform Stage
Building Data: Project Information
A
AA
1 49-974 Cesar Chavez Coachella CA
92236
Project Design & Drawings
Design & drawings by Bob Sipovac Sipovac Construction 72-651 Theodora Ln. Palm Desert Ca. 92260 760-779-0790 Lic # 581636
Project Engineering
N/A
Project Mechanical Design
Sipovac Construction Inc.
72-651 Theodora Lane
Palm Desert, CA 92260
760-567-2347
CSLB # 581636
Owner Information
Daniel Glubaich
175 E Main St. Morgan Hill CA 95037
760-567-2347
Occupancy Load
Acceptance Tests Required per T-24

1. LTG-NRCC-LTI-E FORMS
OCCUPANCY B/A-2

TYPE OF CONSTRUCTION V-B
ASSEMBLY AREA 4,735 SQ FT.

OFFICE AREA 200 SQ FT.

TOTAL AREA 5,867 SQ FT.

SPRINKLERED Yes
STORIES 1

JURISDICTION COACHELLA

USE NIGHT CLUB
HEIGHT OF BUILDING 30
FT.

OCCUPANCY LOAD 456
REQUIRED EXITS PER CBC TABLE 1006.3.3 2
EXITS PROVIDED 2

OCCUPANT LOAD ANALYSIS FOR PLUMBING
FIXTURES TABLE 422.1 CPC 2022
4,735 SQ. FT. / 15 = 316
158 MALE, 158 FEMALE
MALE: 3 TOILETS, 3 LAVATORY 2
URINALS 2
FEMALE: 4 TOILETS, 2 LAVATORY
LEGAL DESCRIPTION:

LEGAL ADDRESS :

POR SEC 32 T5S R8E
APN # 603-310-005
Coachella Muni. Code
CONSTRUCTION HOURS:

October 1 - April 30 May 1 - September 30
Monday-Friday 7:00am-5:30pm Monday-Friday 6:00am-7:00pm Saturday 8:00am-5:00pm Saturday 8:00am-5:00pm
Sunday NOT ALLOWED Sunday NOT ALLOWED

GOVERNMENT HOLIDAYS NOT ALLOWED
Cesar C
havez St.

Grapefruit Blvd.

Department uses the following codes in
the plan check process and in field inspections:
2022 California Mechanical Code
2022 California Plumbing Code
2022 California Electrical Code
2022 California Energy Code
2022 California Building Standards Administrative Code
2022 California Fire Code
2022 California Green Building Code
Ave 50

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Item 19.

S
HEETOF

SHEETTITLE

DESCRIPTION
PROJECTNO:

MODELFILE:

DRAWNBY:

CHK'DBY:

MARKDATEG
-101
Thursday,August22,2024
03282024
#ContactFull Name
BobSipovac
SipovacConstruction Inc.

VMPEventCenter. 04.11.24V27.pln
SCALE: WENDELL W. VE TI H, ARCH TI ECT #C5297
80-300 ULLSWATER DR., NI D OI , CA. 92203
TEL. 1-760-953-4556 E M- A LI - wvei ht [email protected]

L I CENSE
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S T A T
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W E N D E
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NO. C5297
REN. 11-30-25
CalGreen2
25 CONSULTANTS................

DESIGNARCHITECT:

WendellW. Veith
80-300UllswaterDr. Indio ca. 92203 760-953-4556 MECHANICAL: Sipovac Construction Inc. 72-651 Theodora Lane Palm Desert, CA 92260 760-567-2347 CSLB # 581636 ELECTRICAL: Sipovac Construction Inc. 72-651 Theodora Lane Palm Desert, CA 92260 760-567-2347 CSLB # 581636 CIVIL: GENERAL CONTRA CTOR.........

ParraConstruction
OWNER..................

DanielGlubaich
175EMainSt.

MorganHill,95037
760-567-2347
APN#603-310-005
LEGALADDRESS:

PORSEC32T5SR8E
CHAPTER 5

NONRESIDENTIAL MANDATORY MEASURES
SECTION 5.101 GENERAL

5.101.1 SCOPE
The provisions of this chapter outline planning, design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties.

DIVISION 5.1 PLANNING AND DESIGN
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE
NONRESIDENTIAL MANDATORY MEASURES, SHEET 1 (January 2023) Y SECTION 5.102 DEFINITIONS

5.102.1 DEFINITIONS
The following terms are defined in Chapter 2 (and are included here for reference) CUTOFF LUMINAIRES. Luminaires whose light distribution is such that the candela per 1000 lamp lumens does not numerically exceed 25 (2.5 percent) at an angle of 90 degrees above nadir, and 100 (10 percent) at a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire.

LOW-EMITTING AND FUEL EFFICIENT VEHICLES.

Eligible vehicles are limited to the following:

1. Zero emission vehicle (ZEV), enhanced advanced technology PZEV (enhanced AT ZEV) or transitional zero emission vehicles (TZEV) regulated under CCR, Title 13, Section 1962.

2. High-efficiency vehicles, regulated by U.S. EPA, bearing a fuel economy and greenhouse gas rating od 9 oe 10 as regulated under 40 CFR Section 600 Subpart D.

NEIGHBORHOOD ELECTRIC VEHICLE (NEV). A motor vehicle that meets the definition of "low-speed vehicle" either in Section 385.5 of the Vehicle Code or in 49CFR571.500 (as it existed on July 1, 2000), and is certified to zero-emission vehicle standards.

TENANT-OCCUPANTS. Building occupants who inhabit a building during its normal hours of operation as permanent occupants, such as employees, as distinguished from customers and other transient visitors.

VANPOOL VEHICLE. Eligible vehicles are limited to any motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purpose of ridesharing.

Note: Source: Vehicle Code, Division 1, Section 668
ZEV. Any vehicle certified to zero-emission standards.

SECTION 5.106 SITE DEVELOPMENT

5.106.1 STORM WATER POLLUTION PREVENTION FOR PROJECTS THAT DISTURB LESS THAN ONE ACRE OF LAND. Newly constructed projects and additions which disturb less than one acre of land, and are not part of a larger common plan of development or sale, shall prevent the pollution of storm water runoff from the construction activities through one or more of the following measures:

5.106.1.1 Local ordinance. Comply with a lawfully enacted storm water management and/or erosion control ordinance.

5.106.1.2 Best Management Practices (BMPs). Prevent the loss of soil through wind or water erosion by implementing an effective combination of erosion and sediment control and good housekeeping BMPs.

1. Soil loss BMPs that should be considered for implementation as appropriate for each project include, but are not limited to, the following:
a. Scheduling construction activity during dry weather, when possible. b. Preservation of natural features, vegetation, soil, and buffers around surface waters. c. Drainage swales or lined ditches to control stormwater flow. d. Mulching or hydroseeding to stabilize disturbed soils. e. Erosion control to protect slopes.
f. Protection of storm drain inlets (gravel bags or catch basin inserts). g. Perimeter sediment control (perimeter silt fence, fiber rolls). h. Sediment trap or sediment basin to retain sediment on site. i. Stabilized construction exits.
j. Wind erosion control.
k. Other soil loss BMPs acceptable to the enforcing agency.

2. Good housekeeping BMPs to manage construction equipment, materials, non-stormwater discharges and wastes that should be considered for implementation as appropriate for each project include, but are not limited to, the following:
a. Dewatering activities.
b. Material handling and waste management.
c. Building materials stockpile management.
d. Management of washout areas (concrete, paints, stucco, etc.). e. Control of vehicle/equipment fueling to contractor's staging area. f. Vehicle and equipment cleaning performed off site.
g Spill prevention and control.
h. Other housekeeping BMPs acceptable to the enforcing agency.

DIVISION 5.2 ENERGY EFFICIENCY
SECTION 5.201 GENERAL

5.201.1 Scope [BSC-CG]. California Energy Code [DSA-SS]. For the purposes of mandatory energy efficiency standards in this code, the California Energy Commission will continue to adopt mandatory building standards.

DIVISION 5.3 WATER EFFICIENCY AND CONSERVATION
SECTION 5.301 GENERAL

5.301.1 Scope. The provisions of this chapter shall establish the means of conserving water use indoors, outdoors and in wastewater conveyance.

SECTION 5.302 DEFINITIONS

5.302.1 Definitions. The following terms are defined in Chapter 2 (and are included here for reference) EVAPOTRANSPIRATION ADJUSTMENT FACTOR (ETAF) [DSA-SS]. An adjustment factor when applied to reference evapotranspiration that adjusts for plant factors and irrigation efficiency, which ae two major influences on the amount of water that needs to be applied to the landscape.

FOOTPRINT AREA [DSA-SS]. The total area of the furthest exterior wall of the structure projected to natural grade, not including exterior areas such as stairs, covered walkways, patios and decks.

METERING FAUCET. A self-closing faucet that dispenses a specific volume of water for each actuation cycle. The volume or cycle duration can be fixed or adjustable.

GRAYWATER. Pursuant to Health and Safety Code Section 17922.12, "graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and laundry tubs, but does not include waste water from kitchen sinks or dishwashers.

MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO). The California ordinance regulating landscape design, installation and maintenance practices that will ensure commercial, multifamily and other developer installed landscapes greater than 2500 square feet meet an irrigation water budget developed based on landscaped area and climatological parameters.

MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO). [HCD] The California model ordinance (California Code of Regulations, Title 23, Division 2, Chapter 2.7), regulating landscape design, installation and maintenance practices. Local agencies are required to adopt the updated MWELO, or adopt a local ordinance at least as effective as the MWELO.

POTABLE WATER. Water that is drinkable and meets the U.S. Environmental Protection Agency (EPA) Drinking Water Standards. See definition in the California Plumbing Code, Part 5.

POTABLE WATER. [HCD] Water that is satisfactory for drinking, culinary, and domestic purposes, and meets the U.S. Environmental Protection Agency (EPA) Drinking Water Standards and the requirements of the Health Authority Having Jurisdiction.

RECYCLED WATER. Water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur [Water Code Section 13050 (n)]. Simply put, recycled water is water treated to remove waste matter attaining a quality that is suitable to use the water again.

SUBMETER. [HCD 1] A secondary device beyond a meter that measures water consumption of an individual rental unit within a multiunit residential structure or mixed-use residential and commercial structure. (See Civic Code Section 1954.202 (g) and Water code Section 517 for additional details.) WATER BUDGET. Is the estimated total landscape irrigation water use which shall not exceed the maximum applied water allowance calculated in accordance with the Department of Water Resources Model Efficient Landscape Ordinance (MWELO).

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating the local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section

5.106.5.3.1 EV capable spaces.
[N] EV capable spaces shall be provided in accordance with Table 5.106.5.3.1 and the following requirements:

1. Raceways complying with the California Electrical Code and no less that 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable and into a suitable listed cabinet, box,enclosure or equivalent. A common raceway may be used to serve multiple EV charging spaces.

2. A service panel or subpanel (s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective devices space(s) as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE."
Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See vehicle Code Section 22511.2 for further details.

ABBREVIATION DEFINITIONS:

HCD Department of Housing and Community Development
BSC California Building Standards Commission
DSA-SS Division of the State Architect, Structural Safety OSHPD Office of Statewide Health Planning and Development LR Low Rise
HR High Rise
AA Additions and Alterations N New

5.106.4.1.2 Long-term bicycle parking. For new buildings with tenant spaces that have 10 or more tenant-occupants, provide secure bicycle parking for 5 percent of the tenant-occupant vehicular parking spaces with a minimum of one bicycle parking facility.

5.106.4.1.3 For additions or alterations that add 10 or more tenant-occupant vehicular parking spaces, provide secure bicycle parking for 5 percent of the tenant vehicular parking spaces being added, with a minimum of one bicycle parking facility.

5.106.4.1.4 For new shell buildings in phased projects provide secure bicycle parking for 5 percent of the anticipated tenant-occupant vehicular parking spaces with a minimum of one bicycle parking facility.

5.106.4.1.5 Acceptable bicycle parking facility for Sections 5.106.4.1.2, 5.106.4.1.3, and 5.106.4.1.4 shall be convenient from the street and shall meet one of the following:

1. Covered, lockable enclosures with permanently anchored racks for bicycles;

2. Lockable bicycle rooms with permanently anchored racks; or

3. Lockable, permanently anchored bicycle lockers.

Note: Additional information on recommended bicycle accommodations may be obtained from Sacramento Area Bicycle Advocates.

5.106.4.2 Bicycle parking. [DSA-SS] For public schools and community colleges, comply with Sections

5.106.4.2.1 and 5.106.4.2.2

5.106.4.2.1 Student bicycle parking. Provide permanently anchored bicycle racks conveniently accessed with a minimum of four two-bike capacity racks per new building.

5.106.4.2.2 Staff bicycle parking. Provide permanent, secure bicycle parking conveniently accessed with a minimum of two staff bicycle parking spaces per new building. Acceptable bicycle parking facilities shall be convenient from the street or staff parking area and shall meet one of the following:

1. Covered, lockable enclosures with permanently anchored racks for bicycles;

2. Lockable bicycle rooms with permanently anchored racks; or

3. Lockable, permanently anchored bicycle lockers.

5.106.4 BICYCLE PARKING. For buildings within the authority of California Building Standards Commission as specified in Section 103, comply with Section 5.106.4.1. For buildings within the authority of the Division of the State Architect pursuant to Section 105, comply with Section 5.106.4.2

5.106.4.1 Bicycle parking. [BSC-CG] Comply with Sections 5.106.4.1.1 and 5.106.4.1.2; or meet the applicable local ordinance, whichever is stricter.

5.106.4.1.1 Short-term bicycle parking. If the new project or an addition or alteration is anticipated to generate visitor traffic, provide permanently anchored bicycle racks within 200 feet of the visitors' entrance, readily visible to passers-by, for 5% of new visitor motorized vehicle parking spaces being added, with a minimum of one two-bike capacity rack.

Exception: Additions or alterations which add nine or less visitor vehicular parking spaces.

CHAPTER 3

GREEN BUILDING
SECTION 301 GENERAL
301.1 SCOPE. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code. Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required unless adopted by a city, county, or city and county as specified in Section 101.7. 301.3 NONRESIDENTIAL ADDITIONS AND ALTERATIONS. [BSC-CG] The provisions of individual sections of Chapter 5 apply to newly constructed buildings, building additions of 1,000 square feet or greater, and/or building alterations with a permit valuation of $200,000 or above (for occupancies within the authority of California Building Standards Commission). Code sections relevant to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.

A code section will be designated by a banner to indicate where the code section only applies to newly constructed buildings [N] or to additions and/or alterations [A]. When the code section applies to both, no banner will be used.
301.3.1 Nonresidential additions and alterations that cause updates to plumbing fixtures only:

Note: On and after January 1, 2014, certain commercial real property, as defined in Civil Code Section 1101.3, shall have its noncompliant plumbing fixtures replaced with appropriate water-conserving plumbing fixtures under specific circumstances. See Civil Code Section 1101.1 et seq. for definitions, types of commercial real property affected, effective dates, circumstances necessitating replacement of noncompliant plumbing fixtures, and duties and responsibilities for ensuring compliance.
301.3.2 Waste Diversion. The requirements of Section 5.408 shall be required for additions and alterations whenever a permit is required for work.
301.4 PUBLIC SCHOOLS AND COMMUNITY COLLEGES. (see GBSC) 301.5 HEALTH FACILITIES. (see GBSC)
SECTION 302 MIXED OCCUPANCY BUILDINGS
302.1 MIXED OCCUPANCY BUILDINGS. In mixed occupancy buildings, each portion of a building shall comply with the specific green building measures applicable to each specific occupancy.

SECTION 303 PHASED PROJECTS
303.1 PHASED PROJECTS. For shell buildings and others constructed for future tenant improvements, only those code measures relevant to the building components and systems considered to be new construction (or newly constructed) shall apply.
303.1.1 Initial Tenant improvements. The provisions of this code shall apply only to the initial tenant improvements to a project. Subsequent tenant improvements shall comply with the scoping provisions in Section 301.3 non-residential additions and alterations.

5.106.5.3.3 Use of automatic load management systems (ALMS).

ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section

5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.

5.106.5.3.4 Accessible EVCS.

When EVSE is installed, accessible EVSC shall be provided in accordance with the California Building Code, Chapter 11B, Section 11B-228.3.

Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

5.106.5.4 Electric Vehicle (EV) charging: medium-duty and heavy-duty. [N] Construction shall comply with section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

5.106.5.4.1 Electric vehicle charging readiness requirements for warehouse, grocery stores and retail stores with planned off-street loading spaces.
[N] In order to avoid future demolition when adding EV charging supply and distribution equipment, spare raceways(s) or busway(s) and adequate capacity for transformers(s), service panels(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include but are not limited to, the following:

1. The transformer, main service equipment and subpanel shall meet the minimum power requirement in Table 5.106.5.4.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

2. The construction documents shall indicate on or more location(s) convenient to the planned offstreet loading space(s) reserved for medium-and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s) as shown in Table

5.106.5.4.1

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium-and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipments for medium- and heavy-duty vehicles.

4. The raceway(s) or busway(s) shall be sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table

5.106.5.4.1.

TABLE 5.106.5.3.1

TOTAL NUMBER OF ACTUAL

PARKING SPACES

NUMBER OF REQUIRED EV

CAPABLE SPACES

NUMBER OF EVCS (EV

CAPABLE SPACES
PROVIDED WITH EVSE)^2
0-9 0 0
10-25 2 0
26-50 8 2
51-75 13 3
76-100 17 4
101-150 25 6
151-200 35 9
201 AND OVER 20% of total¹ 25% of EV capable spaces¹

5.106.8 LIGHT POLLUTION REDUCTION. [N]. l Outdoor lighting systems shall be designed and installed to comply with the following:

1. The minimum requirements in the California Energy Code for Lighting Zones 0-4 as defined in Chapter 10, Section 10-114 of the California Administrative Code; and

2. Backlight (B) ratings as defined in IES TM-15-11 (shown in Table A-1 in Chapter 8);

3. Uplight and Glare ratings as defined in California Energy Code (shown in Tables 130.2-A and 130.2-B in Chapter 8) and

4. Allowable BUG ratings not exceeding those shown in Table 5.106.8, [N] or Comply with a local ordinance lawfully enacted pursuant to Section 101.7, whichever is more stringent.

Exceptions: [N]

1. Luminaires that qualify as exceptions in Sections 130.2 (b) and 140.7 of the California Energy Code.

2. Emergency lighting.

3. Building facade meeting the requirements in Table 140.7-B of the California Energy Code, Part 6.

4. Custom lighting features as allowed by the local enforcing agency, as permitted by Section 101.8 Alternate materials, designs and methods of construction.

5. Luminaires with less than 6,200 initial luminaire lumens.

TABLE 5.106.8 [N] MAXIMUM ALLOWABLE BACKLIGHT,
UPLIGHT AND GLARE (BUG) RATINGS 1,2

ALLOWABLE RATING

LIGHTING
ZONE
LZ0

LIGHTING
ZONE LZ1

LIGHTING
ZONE LZ2

LIGHTING
ZONE LZ3

LIGHTING
ZONE LZ4

MAXIMUM ALLOWABLE
BACKLIGHT RATING 3 Luminaire greater than 2
mounting heights (MH) from
property line
N/A No Limit No Limit No Limit No Limit
Luminaire back hemisphere is
1-2 MH from property line N/A B2 B3 B4 B4
Luminaire back hemisphere is

0.5-1 MH from property line N/A B1 B2 B3 B3
Luminaire back hemisphere is
less than 0.5 MH from property
line
N/A B0 B0 B1 B2

MAXIMUM ALLOWABLE

UPLIGHT RATING (U)
For area lighting 3 N/A U0 U0 U0 U0
For all other outdoor
lighting,including decorative
luminaires
N/A U1 U2 U3 UR
DISCLAIMER:THIS DOCUMENT IS PROVIDED AND INTENDED TO BE USED AS A MEANS TO INDICATE AREAS OF COMPLIANCE WITH THE CALIFORNIA GREEN BUILDING STANDARDS (CALGREEN) CODE. DUE TO THE VARIABLES BETWEEN BUILDING DEPARTMENT JURISDICTIONS, THIS CHECKLIST IS TO BE USED ON AN INDIVIDUAL PROJECT BASIS AND MAY BE MODIFIED BY THE END USER TO MEET THOSE INDIVIDUAL NEEDS. THE END USER ASSUMES ALL RESPONSIBILITY ASSOCIATED WITH THE USE OF THIS DOCUMENT, INCLUDING VERIFICATION WITH THE FULL CODE.

5.106.2 STORMWATER POLLUTION PREVENTION FOR PROJECTS THAT DISTURB ONE OR MORE ACRES OF LAND. Comply with all lawfully enacted stormwater discharge regulations for projects that (1) disturb one acre or more of land, or (2) disturb less than one acre of land but are part of a larger common plan of development sale.

Note: Projects that (1) disturb one acre or more of land, or (2) disturb less than one acre of land but are part of the larger common plan of development or sale must comply with the post-construction requirements detailed in the applicable National Pollutant Discharge Elimination System (NPDES) General permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities issued by the State Water Resources Control Board or the Lahontan Regional Water Quality Control Board (for projects in the Lake Tahoe Hydrologic Unit).

The NPDES permits require postconstruction runoff (post-project hydrology) to match the preconstruction runoff (pre-project hydrology) with the installation of postconstruction stormwater management measures. The NPDES permits emphasize runoff reduction through on-site stormwater use, interception, evapotranspiration, and infiltration through nonstructural controls, such as Low Impact Development (LID) practices, and conversation design measures.

Stormwater volume that cannot be addressed using nonstructural practices is required to be captured in structural practices and be approved by the enforcing agency.

Refer to the current applicable permits on the State Water Resources Control Board website at:
www.waterboards.ca.gov/constructionstormwater. Consideration to the stormwater runoff management measures should be given during the initial design process for appropriate integration into site development.

N/A Y N/A

1. Where there is insufficient electrical supply.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count towards the total number of required EV capable spaces shown in column 2.

5.106.5.3.2 Electric vehicle charging stations (EVCS)
EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table

5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel. Y N/A Y N/A
Y = YES
N/A = NOT APPLICABLE
RESPON. PARTY = RESPONSIBLE PARTY (ie: ARCHITECT, ENGINEER, OWNER, CONTRACTOR, INSPECTOR ETC.)
RESPON.

PARTY
RESPON.

PARTY

5.106.8.1 Facing- Backlight
Luminaries within 2MH of a property line shall be oriented so that the nearest property line is behind the fixture, and shall comply with the backlight rating specified in Table 5.106.8 based on the lighting zone and distance to the nearest point of that property line.

Exception: Corners. If two property lines (or two segments of the same property line) have equidistant point to the luminaire, then the luminaire may be oriented so that the intersection of the two lines (the corner) is directly behind the luminaire. The luminaire shall still use the distance to the nearest points(s) on the property lines to determine the required backlight rating.

5.106.8.2 Facing-Glare.

For luminaires covered by 5.106.8.1, if a property line also exists within or extends into the front hemisphere within 2MH of the luminaire then the luminaire shall comply with the more stringent glare rating specified in Table

5.106.8 based on the lighting zone and distance to the nearest point on the nearest property line within the front hemisphere.

Note: [N]

1.See also California Building Code, Chapter 12, Section 1205.6 for college campus lighting requirements for parking facilities and walkways.

2.Refer to Chapter 8 (Compliance Forms, Worksheets and Reference Material) for IES TM-15-11 Table A-1, California Energy Code Tables 130.2-A and 130.2-B.

3. Refer to the California Building Code for requirements for additions and alterations.

5.106.10 GRADING AND PAVING. Construction plans shall indicate how site grading or a drainage system will manage all surface water flows to keep water from entering buildings. Examples of methods to manage surface water include, but are not limited to, the following:

1. Swales.

2. Water collection and disposal systems.

3. French drains.

4. Water retention gardens.

5. Other water measures which keep surface water away from buildings and aid in groundwater recharge.

Exception: Additions and alterations not altering the drainage path.

5.106.12 SHADE TREES [DSA-SS]. Shade Trees shall be planted to comply with Sections 5.106.12.1, 5.106.12.2, and 5.106.12.3. Percentages shown shall be measured at noon on the summer solstice. Landscape irrigation necessary to establish and maintain tree health shall comply with Section 5.304.6.

5.106.12.1 Surface parking areas. Shade tree plantings, minimum #10 container size or equal, shall be installed to provide shade over 50 percent of the parking area within 15 years.

Exceptions: Surface parking area covered by solar photovoltaic shade structures with roofing materials that comply with Table A5.106.11.2.2 in Appendix A5 shall be permitted in whole or in part in lieu of shade tree planting.

5.106.12.2 Landscape areas. Shade tress plantings, minimum #10 container size or equal shall be installed to provide shade of 20% of the landscape area within 15 years.

Exceptions: Playfields for organized sport activity are not included in the total area calculation.

5.106.12.3. Hardscape areas. Shade tree plantings, minimum #10 container size or equal shall be installed to provide shade over 20 percent of the hardscape area within 15 years.

Exceptions:

1. Walks, hardscape areas covered by solar photovoltaic shade structures or shade structures with roofing materials that comply with Table A5.106.11.2.2 in Appendix A5 shall be permitted in whole or in part in lieu of shade tree planting.

2. Designated and marked play areas of organized sport activity are not included in the total area calculation.

TABLE 5.106.5.4.1 RACEWAY CONDUIT AND PANEL POWER
REQUIREMENTS FOR MEDIUM- AND HEAVY-DUTY EVSE [N]
BUILDING TYPE BUILDING SIZE (SQ. FT.)

NUMBER OF

OFF-STREET

LOADING SPACES

ADDITIONAL

CAPACITY

REQUIRED (KVA)

FOR RACEWAY &

BUSWAY AND

TRANSFORMER &
PANEL
Grocery
10,000 to 90,000
1 or 2 200
3 or Greater 400
Greater than 90,000 1 or Greater 400
Retail
10,000 to 135,000
1 or 2 200
3 or Greater 400
Greater than 135,000 1 or Greater 400
Warehouse
20,000 to 256,000
1 or 2 200
3 or Greater 400
Greater than 256,000 1 or Greater 400

MAXIMUM ALLOWABLE
GLARE RATING 5 (G)

MAXIMUM ALLOWABLE
GLARE RATING 5 (G) N/A G1 G2 G3 G4

MAXIMUM ALLOWABLE
GLARE RATING 5 (G) N/A G0 G1 G1 G2

MAXIMUM ALLOWABLE
GLARE RATING 5 (G) N/A G0 G0 G1 G1

MAXIMUM ALLOWABLE
GLARE RATING 5 (G) N/A G0 G0 G0 G1

1. IESNA Lighting Zones 0 and 5 are not applicable; refer to Lighting Zones as defined in the California Energy Code and Chapter 10 of the Callifornia Administrative Code.

2. For property lines that abut public walkways, bikeways, plazas and parking lots, the property line may be considered to be 5 feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section.

3. General lighting luminaires in areas such as outdoor parking, sales or storage lots shall meet these reduced ratings. Decorative luminaries located in these areas shall meet U-value limits for "all other outdoor lighting" ✓ ✓✓✓ ✓ ✓✓

Page 293 ends

Item 19.

S
HEETOF

SHEETTITLE

DESCRIPTION
PROJECTNO:

MODELFILE:

DRAWNBY:

CHK'DBY:

MARKDATEG
-102
Thursday,August22,2024
03282024
#ContactFull Name
BobSipovac
SipovacConstruction Inc.

VMPEventCenter. 04.11.24V27.pln
SCALE: WENDELL W. VE TI H, ARCH TI ECT #C5297
80-300 ULLSWATER DR., NI D OI , CA. 92203
TEL. 1-760-953-4556 E M- A LI - wvei ht [email protected]

L I CENSE
D
A

RCH IT ECT

S T A T
E
O
F
C
A
L
I

F O R N I A

W E N D E
L
L
W . V E I T H
NO. C5297
REN. 11-30-25
CalGreen3
25 CONSULTANTS................

DESIGNARCHITECT:

ParraConstruction
OWNER..................

DanielGlubaich
175EMainSt.

MorganHill,95037
760-567-2347
APN#603-310-005
LEGALADDRESS:

PORSEC32T5SR8E

5.303.3 WATER CONSERVING PLUMBING FIXTURES AND FITTINGS. Plumbing fixtures (water closets and urinals) and fittings (faucets and showerheads) shall comply with the following:

5.303.3.1 Water Closets. The effective flush volume of all water closets shall not exceed 1.28 gallons per flush. Tank-type water closets shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Tank-Type toilets.

Note: The effective flush volume of dual flush toilets is defined as the composite, average flush volume of two reduced flushes and one full flush.

5.303.3.2 Urinals.

5.303.3.2.1 Wall-mounted Urinals. The effective flush volume of wall-mounted urinals shall not exceed

0.125 gallons per flush.

5.303.3.2.2 Floor-mounted Urinals. The effective flush volume of floor-mounted or other urinals shall not exceed 0.5 gallons per flush.

5.303.3.3 Showerheads. [BSC-CG]

5.303.3.3.1 Single showerhead. Showerheads shall have a maximum flow rate of not more than 1.8 gallons per minute at 80 psi. Showerheads shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Showerheads.

5.303.3.3.2 Multiple showerheads serving one shower. When a shower is served by more than one showerhead, the combined flow rate of all the showerheads and/or other shower outlets controlled by a single valve shall not exceed 1.8 gallons per minute at 80 psi, or the shower shall be designed to allow only one shower outlet to be in operation at a time.

Note: A hand-held shower shall be considered a showerhead.

DIVISION 5.4 MATERIAL CONSERVATION AND RESOURCE

EFFICIENCY
SECTION 5.401 GENERAL

5.401.1 SCOPE. The provisions of this chapter shall outline means of achieving material conservation and resource efficiency through protection of buildings from exterior moisture, construction waste diversion, employment of techniques to reduce pollution through recycling of materials, and building commissioning or testing and adjusting.

SECTION 5.408 CONSTRUCTION WASTE REDUCTION, DISPOSAL AND

RECYCLING

5.408.1 CONSTRUCTION WASTE MANAGEMENT. Recycle and/or salvage for reuse a minimum of 65% of the non-hazardous construction and demolition waste in accordance with Section 5.408.1.1, 5.408.1.2 or 5.408.1.3; or meet a local construction and demolition waste management ordinance, whichever is more stringent.

5.408.1.1 Construction waste management plan. Where a local jurisdiction does not have a construction and demolition waste management ordinance, submit a construction waste management plan that:

1. Identifies the construction and demolition waste materials to be diverted from disposal by efficient usage, recycling, reuse on the project or salvage for future use or sale.

2. Determines if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identifies diversion facilities where construction and demolition waste material collected will be taken.

4. Specifies that the amount of construction and demolition waste materials diverted shall be calculated byweight or volume, but not by both.

5.408.1.2 Waste Management Company. Utilize a waste management company that can provide verifiable documentation that the percentage of construction and demolition waste material diverted from the landfill complies with this section.

Note: The owner or contractor shall make the determination if the construction and demolition waste material will be diverted by a waste management company.

Exceptions to Sections 5.408.1.1 and 5.408.1.2:

1. Excavated soil and land-clearing debris.

2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist.

3. Demolition waste meeting local ordinance or calculated in consideration of local recycling facilities and markets.

5.408.1.3 Waste stream reduction alternative. The combined weight of new construction disposal that does not exceed two pounds per square foot of building area may be deemed to meet the 65% minimum requirement as approved by the enforcing agency.

5.408.1.4 Documentation. Documentation shall be provided to the enforcing agency which demonstrates compliance with Sections 5.408.1.1, through 5.408.1.3. The waste management plan shall be updated as necessary and shall be accessible during construction for examination by the enforcing agency.

Notes:

1. Sample forms found in "A Guide to the California Green Building Standards Code (Nonresidential)" located www.dgs.ca.gov/BSC/Resources/Page-Content/Building-Standards-Commission- Resources-List-Folder/CALGreen may be used to assist in documenting compliance with the waste management plan.

2. Mixed construction and demolition debris processors can be located at the California Department of Resources Recycling and Recovery (CalRecycle).

5.408.2 UNIVERSAL WASTE. [A] Additions and alterations to a building or tenant space that meet the scoping provisions in Section 301.3 for nonresidential additions and alterations, shall require verification that Universal Waste items such as fluorescent lamps and ballast and mercury containing thermostats as well as other California prohibited Universal Waste materials are disposed of properly and are diverted from landfills. A list of prohibited Universal Waste materials shall be included in the construction documents.

Note: Refer to the Universal Waste Rule link at: http://www.dtsc.ca.gov/universalwaste/

5.408.3 EXCAVATED SOIL AND LAND CLEARING DEBRIS. 100 percent of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.

Exception: Reuse, either on or off-site, of vegetation or soil contaminated by disease or pest infestation.

Notes:

1. If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material.

2. For a map of know pest and/or disease quarantine zones, consult with the California Department of Food and Agriculture. (www.cdfa.ca.gov)
DIVISION 5.5 ENVIRONMENTAL QUALITY
SECTION 5.501 GENERAL

5.501.1 SCOPE. The provisions of this chapter shall outline means of reducing the quantity of air contaminants that are odorous, irritating, and/or harmful to the comfort and well-being of a building's installers, occupants and neighbors.

SECTION 5.502 DEFINITIONS

5.502.1 DEFINITIONS. The following terms are defined in Chapter 2 (and are included here for reference) ARTERIAL HIGHWAY. A general term denoting a highway primarily for through traffic usually on a continuous route.

A-WEIGHTED SOUND LEVEL (dBA). The sound pressure level in decibels as measured on a sound level meter using the internationally standardized A-weighting filter or as computed from sound spectral data to which A-weighting adjustments have been made.
1 BTU/HOUR. British thermal units per hour, also referred to as Btu. The amount of heat required to raise one pound of water one degree Fahrenheit per hour, a common measure of heat transfer rate. A ton of refrigeration is 12,000 Btu, the amount of heat required to melt a ton (2,000 pounds) of ice at 320 Fahrenheit.

COMMUNITY NOISE EQUIVALENT LEVEL (CNEL). A metric similar to the day-night average sound level (Ldn), except that a 5 decibel adjustment is added to the equivalent continuous sound exposure level for evening hours (7pm to 10pm) in addition to the 10 dB nighttime adjustment used in the Ldn.

COMPOSITE WOOD PRODUCTS. Composite wood products include hardwood plywood, particleboard and medium density fiberboard. “Composite wood products” does not include hardboard, structural plywood, structural panels, structural composite lumber, oriented strand board, glued laminated timber, timber, prefabricated wood I–joists or finger–jointed lumber, all as specified in California Code of Regulations (CCR), Title 17, Section 93120.1(a).

Note: See CCR, Title 17, Section 93120.1.

DAY-NIGHT AVERAGE SOUND LEVEL (Ldn). The A-weighted equivalent continuous sound exposure level for a 24-hour period with a 10 dB adjustment added to sound levels occurring during nighttime hours (10p.m. to 7 a.m.).

DECIBEL (db). A measure on a logarithmic scale of the magnitude of a particular quantity (such as sound pressure, sound power, sound intensity) with respect to a reference quantity.

ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current.

Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the California Electrical Code, off-road, self-propoelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not included.

ELECTRIC VEHICLE CHARGING STATION(S) (EVCSj). One or more spaces intended for charging electric vehicles.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

ENERGY EQUIVALENT (NOISE) LEVEL (Leq). The level of a steady noise which would have the same energy as the fluctuating noise level integrated over the time of period of interest.

EXPRESSWAY. An arterial highway for through traffic which may have partial control of access, but which may or may not be divided or have grade separations at intersections.

FREEWAY. A divided arterial highway with full control of access and with grade separations at intersections.

GLOBAL WARMING POTENTIAL (GWP). The radiative forcing impact of one mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time. Carbon dioxide is the reference compound with a GWP of one.

GLOBAL WARMING POTENTIAL VALUE (GWP VALUE). A 100-year GWP value published by the Intergovernmental Panel on Climate Change (IPCC) in either its Second Assessment Report (SAR) (IPCC, 1995); or its Fourth Assessment A-3 Report (AR4) (IPCC, 2007). The SAR GWP values are found in column "SAR (100-yr)" of Table 2.14.; the AR4 GWP values are found in column "100 yr" of Table 2.14.

HIGH-GWP REFRIGERANT. A compound used as a heat transfer fluid or gas that is: (a) a chlorofluorocarbon, a hdrochlorofluorocarbon, a hydrofluorocarbon, a perfluorocarbon, or any compound or blend of compounds, with a GWP value equal to or greater than 150, or (B) any ozone depleting substance as defined in Title 40 of the Code of Federal Regulations, Part 82, sec.82.3 (as amended March 10, 2009). LONG RADIUS ELBOW. Pipe fitting installed between two lengths of pipe or tubing to allow a change of direction, with a radius 1.5 times the pipe diameter.

LOW-GWP REFRIGERANT. A compound used as a heat transfer fluid or gas that: (A) has a GWP value less than 150, and (B) is not an ozone depleting substance as defined in Title 40 of the Code of Federal Regulations, Part 82, sec.82.3 (as amended March 10, 2009).

MERV. Filter minimum efficiency reporting value, based on ASHRAE 52.2–1999.

MAXIMUM INCREMENTAL REACTIVITY (MIR). The maximum change in weight of ozone formed by adding a compound to the "Base REactive Organic Gas (ROG) Mixture" per weight of compound added, expressed to hundreths of a gram (g O3/g ROC).

PRODUCT-WEIGHTED MIR (PWMIR). The sum of all weighted-MIR for all ingredients in a product subject to this article. The PWMIR is the total product reactivity expressed to hundredths of a gram of ozone formed per gram of product (excluding container and packaging).

PSIG. Pounds per square inch, guage.

REACTIVE ORGANIC COMPOUND (ROC). Any compound that has the potential, once emitted, to contribute to ozone formation in the troposphere.

SCHRADER ACCESS VALVES. Access fittings with a valve core installed.

SHORT RADIUS ELBOW. Pipe fitting installed between two lengths of pipe or tubing to allow a change of direction, with a radius 1.0 times the pipe diameter.

SUPERMARKET. For the purposes of Section 5.508.2, a supermarket is any retail food facility with 8,000 square feet or more conditioned area, and that utilizes either refrigerated display cases, or walk-in coolers or freezers connected to remote compressor units or condensing units.

VOC. A volatile organic compound broadly defined as a chemical compound based on carbon chains or rings with vapor pressures greater than 0.1 millimeters of mercury at room temperature. These compounds typically contain hydrogen and may contain oxygen, nitrogen and other elements. See CCR Title 17, Section 94508(a) .Note: Where specific regulations are cited from different agencies such as SCAQMD, ARB, etc., the VOC definition included in that specific regulation is the one that prevails for the specific measure in question.

SECTION 5.503 FIREPLACES

5.503.1 FIREPLACES. Install only a direct-vent sealed-combustion gas or sealed wood-burning fireplace, or a sealed woodstove or pellet stove, and refer to residential requirements in the California Energy Code, Title 24, Part 6, Subchapter 7, Section 150. Woodstoves, pellet stoves and fireplaces shall comply with applicable local ordinances.

5.503.1.1 Woodstoves. Woodstoves and pellet stoves shall comply with U.S. EPA New Source Performance Standards (NSPS) emission limits as applicable, and shall have a permanent label indicating they are certified to meet the emission limits.

SECTION 5.504 POLLUTANT CONTROL

5.504.1 TEMPORARY VENTILATION. The permanent HVAC system shall only be used during construction if necessary to condition the building or areas of addition or alteration within the required temperature range for material and equipment installation. If the HVAC system is used during construction, use return air filters with a Minimum Efficiency Reporting Value (MERV) of 8, based on ASHRAE 52.2-1999, or an average efficiency of 30% based on ASHRAE 52.1-1992 Replace all filters immediately prior to occupancy, or, if the building is occupied during alteration, at the conclusion of construction.

5.504.3 Covering of duct openings and protection of mechanical equipment during construction. At the time of rough installation and during storage on the construction site until final startup of the heating, cooling and ventilation equipment, all duct and other related air distribution component openings shall be covered with tape, plastic, sheetmetal or other methods acceptable to the enforcing agency to reduce the amount of dust, water and debris which may enter the system.

5.410.2.1 Owner's or Owner Representative's Project Requirements (OPR). [N] The expectations and requirements of the building appropriate to its phase shall be documented before the design phase of the project begins. This documentation shall include the following:

1. Environmental and sustainability goals.

2. Building sustainable goals.

3. Indoor environmental quality requirements.

4. Project program, including facility functions and hours of operation, and need for after hours operation.

5. Equipment and systems expectations.

6. Building occupant and operation and maintenance (O&M) personnel expectations.

5.410.2.2 Basis of Design (BOD). [N] A written explanation of how the design of the building systems meets the OPR shall be completed at the design phase of the building project. The Basis of Design document shall cover the following systems:

1. Renewable energy systems.

2. Landscape irrigation systems.

3. Water reuse system.

5.410.2.3 Commissioning plan. [N] Prior to permit issuance a commissioning plan shall be completed to document how the project will be commissioned. The commissioning plan shall include the following:

1. General project information.

2. Commissioning goals.

3. Systems to be commissioned. Plans to test systems and components shall include:
a. An explanation of the original design intent.
b. Equipment and systems to be tested, including the extent of tests. c. Functions to be tested.
d. Conditions under which the test shall be performed.
e. Measurable criteria for acceptable performance.

4. Commissioning team information.

5. Commissioning process activities, schedules and responsibilities. Plans for the completion of commissioning shall be included.

5.410.2.4 Functional performance testing. [N] Functional performance tests shall demonstrate the correct installation and operation of each component, system and system-to-system interface in accordance with the approved plans and specifications. Functional performance testing reports shall contain information addressing each of the building components tested, the testing methods utilized, and include any readings and adjustments made.

5.410.2.6 Commissioning report. [N] A report of commissioning process activities undertaken through the design and construction phases of the building project shall be completed and provided to the owner or representative.

5.410.4 TESTING AND ADJUSTING. New buildings less than 10,000 square feet. Testing and adjusting of systems shall be required for new buildings less than 10,000 square feet or new systems to serve an addition or alteration subject to Section 303.1.

5.410.4.2 (Reserved)
Note: For energy-related systems under the scope (Section 100) of the California Energy Code, including heating, ventilation, air conditioning (HVAC) systems and controls, indoor lighting system and controls, as well as water heating systems and controls, refer to California Energy Code Section 120.8 for commissioning requirements and Sections 120.5, 120.6, 130.4, and 140.9(b)3 for additional testing requirements of specific systems.

5.410.4.2 Systems. Develop a written plan of procedures for testing and adjusting systems. Systems to be included for testing and adjusting shall include at a minimum, as applicable to the project:

1. Renewable energy systems.

2. Landscape irrigation systems.

3. Water reuse systems.

5.410.4.3 Procedures. Perform testing and adjusting procedures in accordance with manufacturer's specifications and applicable standards on each system.

5.410.4.3.1 HVAC balancing. In addition to testing and adjusting, before a new space-conditioning system serving a building or space is operated for normal use, the system shall be balanced in accordance with the procedures defined by the Testing Adjusting and Balancing Bureau National Standards; the National Environmental Balancing Bureau Procedural Standards; Associated Air Balance Council National Standards or as approved by the enforcing agency. 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE
NONRESIDENTIAL MANDATORY MEASURES, SHEET 2 (January 2023) SECTION 5.303 INDOOR WATER USE

5.303.1 METERS. Separate submeters or metering devices shall be installed for the uses described in Sections 503.1.1 and 503.1.2.

5.303.1.1 Buildings in excess of 50,000 square feet. Separate submeters shall be installed as follows:

1. For each individual leased, rented or other tenant space within the building projected to consume more than 100 gal/day (380 L/day), including, but not limited to, spaces used for laundry or cleaners, restaurant or food service, medical or dental office, laboratory, or beauty salon or barber shop.

SECTION 5.410 BUILDING MAINTENANCE AND OPERATIONS

5.410.1 RECYCLING BY OCCUPANTS. Provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non-hazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals or meet a lawfully enacted local recycling ordinance, if more restrictive.

Exception: Rural jurisdictions that meet and apply for the exemption in Public Resources Code 42649.82 (a)(2)(A) et seq. shall also be exempt from the organic waste portion of this section.

5.410.1.1 Additions. All additions conducted within a 12-month period under single or multiple permits, resulting in an increase of 30% or more in floor area, shall provide recycling areas on site.

Exception: Additions within a tenant space resulting in less than a 30% increase in the tenant space floor area.

5.410.1.2 Sample ordinance. Space allocation for recycling areas shall comply with Chapter 18, Part 3, Division 30 of the Public Resources Code. Chapter 18 is known as the California Solid Waste Reuse and Recycling Access Act of 1991 (Act).

Note: A sample ordinance for use by local agencies may be found in Appendix A of the document at the CalRecycle’s web site.

5.410.2.5 Documentation and training. [N] A Systems Manual and Systems Operations Training are required, including Occupational Safety and Health Act (OSHA) requirements in California Code of Regulations (CCR), Title 8, Section 5142, and other related regulations.

5.410.2.5.1 Systems manual. [N] Documentation of the operational aspects of the building shall be completed within the systems manual and delivered to the building owner or representative. The systems manual shall include the following:

1. Site information, including facility description, history and current requirements.

2. Site contact information.

3. Basic operations and maintenance, including general site operating procedures, basic troubleshooting, recommended maintenance requirements, site events log.

4. Major systems.

5. Site equipment inventory and maintenance notes.

6. A copy of verifications required by the enforcing agency or this code.

7. Other resources and documentation, if applicable.

5.410.2.5.2 Systems operations training. [N] A program for training of the appropriate maintenance staff for each equipment type and/or system shall be developed and documented in the commissioning report and shall include the following:

1. System/equipment overview (what it is, what it does and with what other systems and/or equipment it interfaces).

2. Review and demonstration of servicing/preventive maintenance.

3. Review of the information in the Systems Manual.

4. Review of the record drawings on the system/equipment.

2. Where separate submeters for individual building tenants are unfeasible, for water supplied to the following subsystems:
a. Makeup water for cooling towers where flow through is greater than 500 gpm (30 L/s). b. Makeup water for evaporative coolers greater than 6 gpm (0.04 L/s). c. Steam and hot water boilers with energy input more than 500,000 Btu/h (147 kW).

5.303.1.2 Excess consumption. A separate submeter or metering device shall be provided for any tenant within a new building or within an addition that is projected to consume more than 1,000 gal/day.

SECTION 5.304 OUTDOOR WATER USE

5.304.1 OUTDOOR POTABLE WATER USE IN LANDSCAPE AREAS. Nonresidential developments shall comply with a local water efficient landscape ordinance or the current California Department of Water Resources' Model Water Efficient Landscape Ordinance (MWELO), whichever is more stringent.

Notes:

1. The Model Water Efficient Landscape Ordinance (MWELO) is located in the California Code of Regulations, Title 23, Chapter 2.7, Division 2.

2. MWELO and supporting documents, including a water budget calculator, are available at:
https://www.water.ca.gov/.

5.304.6 OUTDOOR POTABLE WATER USE IN LANDSCAPE AREAS. For public schools and community colleges, landscape projects as described in Sections 5.304.6.1 and 5.304.6.2 shall comply with the California Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO) commencing with Section 490 of Chapter

2.7, Division 2, Title 23, California Code of Regulations, except that the evapotranspiration adjustment factor (ETAF) shall be 0.65 with an additional water allowance for special landscape areas (SLA) of 0.35.

Exception: Any project with an aggregate landscape area of 2,500 square feet or less may comply with the prescriptive measures contained in Appendix D of the MWELO.

5.304.6.1 Newly constructed landscapes. New construction projects with an aggregate landscape area equal to or greater than 500 square feet.

5.304.6.2 Rehabilitated landscapes. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 1,200 square feet.

DISCLAIMER:THIS DOCUMENT IS PROVIDED AND INTENDED TO BE USED AS A MEANS TO INDICATE AREAS OF COMPLIANCE WITH THE CALIFORNIA GREEN BUILDING STANDARDS (CALGREEN) CODE. DUE TO THE VARIABLES BETWEEN BUILDING DEPARTMENT JURISDICTIONS, THIS CHECKLIST IS TO BE USED ON AN INDIVIDUAL PROJECT BASIS AND MAY BE MODIFIED BY THE END USER TO MEET THOSE INDIVIDUAL NEEDS. THE END USER ASSUMES ALL RESPONSIBILITY ASSOCIATED WITH THE USE OF THIS DOCUMENT, INCLUDING VERIFICATION WITH THE FULL CODE.

5.303.4 COMMERCIAL KITCHEN EQUIPMENT.

5.303.4.1 Food Waste Disposers. Disposers shall either modulate the use of water to no more than 1 gpm when the disposer is not in use (not actively grinding food waste/no-load) or shall automatically shut off after no more than 10 minutes of inactivity. Disposers shall use no more than 8 gpm of water.

Note: This code section does not affect local jurisdiction authority to prohibit or require disposer installation.

5.303.5 AREAS OF ADDITION OR ALTERATION. For those occupancies within the authority of the California Building Standards Commission as specified in Section 103, the provisions of Section 5.303.3 and 5.303.4 shall apply to new fixtures in additions or areas of alteration to the building.

5.303.6 STANDARDS FOR PLUMBING FIXTURES AND FITTINGS. Plumbing fixtures and fittings shall be installed in accordance with the California Plumbing Code, and shall meet the applicable standards referenced in Table 1701.1 of the California Plumbing Code and in Chapter 6 of this code. Y N/A SECTION 5.402 DEFINITIONS

5.402.1 DEFINITIONS. The following terms are defined in Chapter 2 (and are included here for reference) ADJUST. To regulate fluid flow rate and air patterns at the terminal equipment, such as to reduce fan speed or adjust a damper.

BALANCE. To proportion flows within the distribution system, including sub-mains, branches and terminals, according to design quantities.

BUILDING COMMISSIONING. A systematic quality assurance process that spans the entire design and construction process, including verifying and documenting that building systems and components are planned, designed, installed, tested, operated and maintained to meet the owner’s project requirements.

ORGANIC WASTE. Food waste, green waste, landscape and pruning wste, nonhazardous wood waste, and food soiled paper waste that is mixed in with food waste.

TEST. A procedure to determine quantitative performance of a system or equipment SECTION 5.407 WATER RESISTANCE AND MOISTURE MANAGEMENT

5.407.1 WEATHER PROTECTION. Provide a weather-resistant exterior wall and foundation envelope as required by California Building Code Section 1402.2 (Weather Protection), manufacturer's installation instructions or local ordinance, whichever is more stringent.

5.407.2 MOISTURE CONTROL. Employ moisture control measures by the following methods.

5.407.2.1 Sprinklers. Design and maintain landscape irrigation systems to prevent spray on structures.

5.407.2.2 Entries and openings. Design exterior entries and/or openings subject to foot traffic or wind-driven rain to prevent water intrusion into buildings as follows:

5.407.2.2.1 Exterior door protection. Primary exterior entries shall be covered to prevent water intrusion by using nonabsorbent floor and wall finishes within at least 2 feet around and perpendicular to such openings plus at least one of the following:

1. An installed awning at least 4 feet in depth.

2. The door is protected by a roof overhang at least 4 feet in depth.

3. The door is recessed at least 4 feet.

4. Other methods which provide equivalent protection.

5.407.2.2.2 Flashing. Install flashings integrated with a drainage plane.

5.410.2 COMMISSIONING. [N] New buildings 10,000 square feet and over. For new buildings 10,000 square feet and over, building commissioning shall be included in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements.

Commissioning shall be performed in accordance with this section by trained personnel with experience on projects of comparable size and complexity. For I-occupancies that are not regulated by OSHPD or for I-occupancies and L-occupancies that are not regulated y the California Energy Code Section 100.0 Scope, all requirements in Sections

5.410.2 through 5.410.2.6 shall apply.

Note: For energy-related systems under the scope (Section 100) of the California Energy Code, including heating, ventilation, air conditioning (HVAC) systems and controls, indoor lighting systems and controls, as well as water heating systems and controls, refer to California Energy Code Section 120.8 for commissioning requirements Commissioning requirements shall include:

1. Owner’s or Owner representative’s project requirements.

2. Basis of design.

3. Commissioning measures shown in the construction documents.

4. Commissioning plan.

5. Functional performance testing.

6. Documentation and training.

7. Commissioning report.

Exceptions:

1. Unconditioned warehouses of any size.

2. Areas less than 10,000 square feet used for offices or other conditioned accessory spaces within unconditioned warehouses.

3. Tenant improvements less than 10,000 square feet as described in Section 303.1.1.

4. Open parking garages of any size, or open parking garage areas, of any size, within a structure.

Note: For the purposes of this section, unconditioned shall mean a building, area, or room which does not provide heating and or air conditioning.

Informational Notes:

1. IAS AC 476 is an accreditation criteria for organizations providing training and/or certification of commissioning personnel. AC 476 is available to the Authority Having Jurisdiction as a reference for qualifications of commissioning personnel. AC 476 des not certify individuals to conduct functional performance tests or to adjust and balance systems.

2. Functional performance testing for heating, ventilation, air conditioning systems and lighting controls must be performed in compliance with the California Energy Code.

5.410.4.4 Reporting. After completion of testing, adjusting and balancing, provide a final report of testing signed by the individual responsible for performing these services.

5.410.4.5 Operation and maintenance (O & M) manual. Provide the building owner or representative with detailed operating and maintenance instructions and copies of guaranties/warranties for each system. O & M instructions shall be consistent with OSHA requirements in CCR, Title 8, Section 5142, and other related regulations.

5.410.4.5.1 Inspections and reports. Include a copy of all inspection verifications and reports required by the enforcing agency.

RESPON. Y N/A Y N/A Y N/A
PARTY
RESPON.

PARTY
RESPON.

PARTY
Y = YES
N/A = NOT APPLICABLE
RESPON. PARTY = RESPONSIBLE PARTY (ie: ARCHITECT, ENGINEER, OWNER, CONTRACTOR, INSPECTOR ETC.)

5.303.3.4 Faucets and fountains.

5.303.3.4.1 Nonresidential Lavatory faucets. Lavatory faucets shall have a maximum flow rate of not more than 0.5 gallons per minute at 60 psi.

5.303.3.4.2 Kitchen faucets. Kitchen faucets shall have a maximum flow rate of not more than 1.8 gallons per minute at 60 psi. Kitchen faucets may temporarily increase the flow above the maximum rate, but not to exceed 2.2 gallons per minute at 60 psi, and must default to a maximum flow rate of 1.8 gallons per minute at 60 psi.

5.303.3.4.3 Wash fountains. Wash fountains shall have a maximum flow rate of not more than1.8 gallons per minute/20 [rim space (inches) at 60 psi].

5.303.3.4.4 Metering faucets. Metering faucets shall not deliver more than 0.20 gallons per cycle.

5.303.3.4.5 Metering faucets for wash fountains. Metering faucets for wash fountains shall have a maximum flow rate of not more than 0.20 gallons per minute/20 [rim space (inches) at 60 psi].

Note: Where complying faucets are unavailable, aerators or other means may be used to achieve reduction.

5.303.3.4.6 Pre-rinse spray value
When installed, shall meet the requirements in the California Code of Regulations, Title 20 (Appliance Efficiency Regulations), Section 1605.1 (h)(4) Table H-2, Section 1605.3 (h)(4)(A), and Section 1607 (d)(7), and shall be equipped with an integral automatic shutoff.

FOR REFERENCE ONLY:The following table and code section have been reprinted from the California Code of Regulations, Title 20 (Appliance Efficiency Regulations), Section 1605.1 (h)(4) and Section 1605.3 (h)(4)(A).

TABLE H-2

STANDARDS FOR COMMERCIAL PRE-RINSE SPRAY
VALUES MANUFACTURED ON OR AFTER JANUARY 28, 2019

PRODUCT CLASS
[spray force in ounce force (ozf)] MAXIMUM FLOW RATE (gpm) Product Class 1 (≤ 1.00
Product Class 2 (> 5.0 ozf and ≤ 1.20
Product Class 3 (> 8.0 ozf) 1.28
✓ GCGCGC ✓ GC ✓✓✓ ✓ GC ✓✓ ✓✓ ✓✓✓

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Coachella City CouncilSeptember 25, 2024

Coachella City Council
September 25, 2024