Coachella City Council
October 9, 2024

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

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
October 09, 2024
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

Agenda City Council Closed Session and Regular Meeting October 09, 2024

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

ROLL CALL:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” PROCLAMATIONS/PRESENTATIONS/DIRECTION:

1. Proclamation Presented to Sergeant Tom Anderson

2. Code Enforcement Officer Appreciation Week

3. Palm Springs Airport Master Plan Update

4. FIND Food Bank's Hunger Action Month Summary & City Impact Report

5. Presentation by the Greater Coachella Valley Chamber of Commerce - Quarterly Update WRITTEN COMMUNICATIONS:

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

6. Regular Meeting Minutes of September 25, 2024, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

7. Quarterly Reports - First Quarter FY 2024-2025

8. Authorization to file a Notice of Completion for City Project No. ST-118, Buena Vista and Pueblos at Avalar & Navarra Neighborhood Pavement Rehabilitation

9. Approve Sponsorship of Raices Cultura for 2024 Dia de los Muertos Celebration in the Amount of $20,000

10. Award of Contract to Demo Unlimited, Inc., for $40,389.82, to Complete Asbestos Abatement and Demolition of the Property at 52-156 Tripoli Way

11. Authorize the City Manager to Execute a Letter of Agreement with CannaBiz Consulting Group for Cannabis Social Equity Consulting Services in a Not-to-Exceed Amount of $35,000

Agenda City Council Closed Session and Regular Meeting October 09, 2024

12. Adopt Resolution No. 2024-56 Authorizing the City Manager to Execute and Record a Deed Restriction for the Rancho Las Flores Park Phase II Property

13. Adopt Ordinance No. 1213 (Zoning Ordinance Amendment No. 22-09) 2nd Reading to Amend Coachella Municipal Code Title 17 Regarding Zoning District Permitted Uses and Development Standards for the RE, Residential Estate District, Chapter 17.12 of the Coachella Municipal Code. City-Initiated

14. Approve a Professional Services Agreement Between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for Fiscal Year 2024-2025 in the Amount of $82,500 NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

15. Approve Plans and Authorize Staff to bid and Authorize Appropriation of $3,000,000 from General Fund for the Avenue 52 Pavement Rehabilitation Project, City Project Number ST-139

16. Adopt Resolution No. 2024-33 Allocating $500,000 in American Rescue Plan Act (ARPA) Funds Toward the Coachella Home Enhancement Program (HEP) and Authorizing the City Manager to Enter Into an Agreement With the County of Riverside Housing and Workforce Solutions to Administer the HEP Program

17. Provide Staff Direction for 2024 Hometown Heroes Honorees

18. Award Professional Services Agreement to Grizzly Entertainment for $35,000 for a Drone Show Feature Addition to the 2024 Holiday Tree Lighting Ceremony; Approve Allocation of $35,000 from Unallocated General Fund Reserves for Award

19. Adopt Resolution No. 2024-57 Approve American Rescue Plan Act Funds (ARPA) for the State and Local Fiscal Recovery Fund (SLFRF) Program for the Business Management Program with the University of California, Riverside Extension (UCRX) in the amount of $287,220.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

NONE
PUBLIC COMMENTS (NON-AGENDA ITEMS):

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

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

Agenda City Council Closed Session and Regular Meeting October 09, 2024

ADJOURNMENT:

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

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

WHEREAS, Sergeant Tomas Anderson was born at the March Air Force Base in Riverside California, and was raised by his mother who worked as a social worker, and his father who served and retired from the United States Airforce, his interest in aircraft and service was born; and WHEREAS, Sergeant Thomas Anderson served in the United States Army from July 1996 to February 2005 as an ammunition specialist, attended basic training in Fort Sill, Oklahoma, attended Advanced Individual Training at Redstone Arsenal, Alabama and stationed at Fort Lewis, Washington State, He was deployed to Germany, Korea, and Iraq from 2003 to 2004 for Operation Iraq Freedom; and
WHEREAS, Sergeant Thomas Anderson was promoted to Sergeant on December 19, 2019, and transferred to the Thermal Sheriff’s Station, serving the City of Coachella and adjoining areas as a patrol supervisor, station training supervisor, field training supervisor, and served as the Coachella Community Action Team supervisor from January 12, 2023, to October 2, 2024; and WHEREAS, On October 3, 2024, Sergeant Thomas Anderson will now be transferred to the Sheriff’s Emergency Operations Division, specifically the Aviation Unit, fulfilling a long-time ambition to patrol and serve the communities of Riverside County to include the City of Coachella from the air; and
NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in me, do hereby congratulate Tomas Anderson
and urge all citizens of the City of Coachella to express gratitude on his current role as the Sheriff’s Coachella Community Action Team Supervisor and wish him luck as he transfers to the Sheriff’s Emergency Operations Divisions, Aviation Unit.

IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 9
th day of
October 2024.

Steven A. Hernandez, Mayor
___________________________________
City of Coachella, California

Item 1.

WHEREAS, the State of California has proclaimed the 2nd week of October as Code Enforcement Officer Appreciation Week; and
WHEREAS, Code Enforcement Officers provide for the safety, health, and welfare of citizens through the enforcement of local, state, and federal laws and ordinances dealing with various issues of building, zoning, housing, animal control, environmental, health, and life safety; and WHEREAS, Code Enforcement Officers have challenging and demanding roles and often do not receive recognition for the job they do in improving quality of life for residents and businesses of local communities; and
WHEREAS, the role of many Code Enforcement Officers has expanded in recent years with jurisdictions increasingly relying on the expertise and training of Code Enforcement Officers in their communities; and WHEREAS, Code Enforcement Officers are dedicated, highly qualified, and highly trained professionals who share the goals of preventing neighborhood deterioration, enhancing communities, ensuring safety, and preserving property values through knowledge, training, and application of housing, zoning, and nuisance laws; and
WHEREAS, the City of Coachella recognizes and honor the Code Enforcement Officers that serve our community and acknowledge their role in leading the way to improve quality of life within our community.

NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in me, do hereby recognize
Jessica Navarro, Sara Montano, Joel Zendejas, Pedro Hernandez and Rene Rosales and encourage all citizens of the City of Coachella in recognizing and expressing our appreciation for the dedication and service by the individuals who serve as our Code Enforcement Officers.

IN WITNESS HEREOF, I have hereunto set my hand
and caused the official seal of the City of Coachella,
California to be affixed this 9
th of October 2024.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California

Item 2.

Airport Master Plan
Update
PRESENTED BY PALM SPRINGS INTERNATIONAL AIRPORT • September 2024 Page 7 Item 3.

Airport Master Plan
A Vision for Our Airport’s Future
What is an Airport Master Plan?
Federally required document to help an
airport:
○ Plan strategically for the future
○ Identify new projects to support
long-term growth and safety
This is only a plan. Each major project identified in the master plan will have to be separately approved, funded, and comply with state and federal environmental requirements.

Item 3.

Airport Master Plan
A Vision for Our Airport’s Future
Why We Need an Airport Master Plan
Planning now to meet future demand.

The Palm Springs International Airport is the
gateway to the Coachella Valley. It needs to
plan for the future in order to:
○ Preserve iconic elements of the airport
○ Create better passenger experience
○ Accommodate for future growth
○ Comply with latest airport safety
requirements
○ Begin new sustainability initiatives
Photo: Architect Donald Wexler in front of the new Palm Springs Wexler Terminal, 1966

Item 3.

Airport Master Plan
A Vision for Our Airport’s Future
Airport is Rapidly Increasing in Popularity
Historical data from Airport records, FAA ATADS and TAF, T100 data, and forecasts by Unison Consulting, Inc

Item 3.

Airport Master Plan
A Vision for Our Airport’s Future
Tourism is Surging, Residential Boom Continues
Between 2017 and 2022, tourism
in Greater Palm Springs grew:

VISITORS
4% increase
Source: 2017 and 2022 Economic Impact of Tourism in Greater Palm Springs, Prepared by Tourism Economics, Esri, US Census Population Projections, California Economic Forecast
Between 2021 and 2024,
Coachella Valley grew:

RESIDENTS
5% increase

Item 3.

Parking Demand
Parking needs today versus 2042.

Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Master Plan Process
A methodical approach to ensure the best outcome.

Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Planning Considerations – What We Heard
Stakeholder feedback that helped shape the alternatives.

Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Alternative 1: North Site Rental Car Center
Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Terminal Renderings
Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

View with Rental Car Center and Terminal Expansion
Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Alternative 2: South Site Rental Car Center
Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Airport Master Plan
A Vision for Our Airport’s Future
Sustainability is at the Heart of the Master Plan
• The Airport Master Plan will align with existing City sustainability policies • Use of solar for electricity generation
• Infrastructure improvements to support electric vehicles and aircraft • Roadway and taxiway improvements to minimize emissions • Continuing resource-saving efforts like low-water landscaping and recycling programs Improved efficiencies will minimize the use of resources.

Item 3.

Estimated Terminal Program Schedule & Cost
A current timeline for phase 1 terminal development.

Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Airport Master Plan
A Vision for Our Airport’s Future
How Airports Are Funded
PSP does not use local taxes.

The airport and its major projects
are funded by airport revenues, user
fees, and federal grants.

Every cup of coffee, airline ticket,
and rental car sold at the airport
funds PSP and its projects.

The airport does not rely on local
taxes to operate.

Item 3.

Thank you.

PalmSpringsAirportMasterPlan.com

Item 3.

NEW SERVICE

FRONTIER DELTA UNITED
SFO JFK Washington Dulles
Denver

Item 3.

NEW

CONCESSIONS
Cactus to Clouds

Item 3.

NEW

CONCESSIONS
Nine Cities

Item 3.

NEW CONCESSIONS
Las Casuelas & Coachella Valley Coffee

Item 3.

NEW

CONCESSIONS
Hey Joshua
Las Palmas Oasis
InMotion
Uptown Essentials

Item 3.

NEW IMPROVEMENTS

Item 3.

Addendum 1.1: Terminal Rendering 1
Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Addendum 1.2: Terminal Rendering 2
Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Addendum 1.3: Terminal Rendering 3
Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Addendum 2.1: South Site Rental Car Center
Airport Master Plan
A Vision for Our Airport’s Future

Item 3.

Airport Master Plan
A Vision for Our Airport’s Future
Why Not Thermal?
Investing in the future of Coachella Valley
Thermal does not have the:
○ Runway length
○ Infrastructure (flight control tower,
baggage claim, terminal capacity)
○ Wind conditions
to host a regional commercial airport.

It would take decades of planning
and development and billions of
dollars to develop Thermal as the
primary airport for the Coachella
Valley.

Jacqueline Cochran Regional Airport (TRM)

Item 3.

Item 4.

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

MINUTES

CITY COUNCIL CLOSED SESSION AND

REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
September 25, 2024
5:00 PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

Item 6.

Minutes City Council Closed Session and Regular Meeting September 25, 2024

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

Mayor Hernandez called the City Council Closed Session and Regular Meeting of the City of Coachella to order at 5:00 p.m.

ROLL CALL:

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

Absent: City Treasurer
APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” Motion: To approve the agenda
Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Pro Tem Virgen
Approved: 4-0, Unanimous roll call vote:

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

None
ADJOURN TO CLOSED SESSION:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs 763-350-025 and 763-340-008
Agency Negotiator(s): Castulo Estrada, Utilities Director Negotiating Parties: E. Neumeyer, Trustee of the E.J. Neumeryer Revocable Trust, Owner Under Negotiation: Price and Terms of Payment for an 82,059 sq. ft. Five-Year Temporary Construction Easement

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 763-330-018

Item 6.

Minutes City Council Closed Session and Regular Meeting September 25, 2024

Agency Negotiator(s): Castulo Estrada, Utilities Director Negotiating Parties: Empire Airport LLC, Owner
Under Negotiation: Price and Terms of Payment for a 44,981 sq. ft. Five-Year Temporary Construction Easement

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 763-330-0006
Agency Negotiator(s): Castulo Estrada, Utilities Director Negotiating Parties: J. Kohn, D. Parrish, M. Kinsey, C. Hirschberg, Owners Under Negotiation: Price and Terms of Payment for a 6,869 sq. ft. Domestic Water Easement

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Parcel APN 763-350-0009
Agency Negotiator(s): Castulo Estrada, Utilities Director Negotiating Parties: 87400 A56 Statutory Trust, Owner
Under Negotiation: Price and Terms of Payment for a 9,730 sq. ft. Domestic Water Easement Councilmember Galarza arrived at 5:02 pm during Closed Session.

RECONVENE REGULAR MEETING: - 6:00 P.M.

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

PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

No reportable action taken.

PROCLAMATIONS/PRESENTATIONS/DIRECTION:

5. National Latino Physician Day Proclamation
Mariela Magana Ceballos

6. HR Green Broadband Study Presentation
Councilmember Galarza stepped away at 6:12 p.m. and returned at 6:21 p.m.

7. SB 1383 Program Updates
WRITTEN COMMUNICATIONS:

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

Item 6.

Minutes City Council Closed Session and Regular Meeting September 25, 2024

8. Regular Meeting Minutes of September 11, 2024, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

9. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 and FY 2024-25 Expenditures as of September 25, 2024, $2,977,279.68

10. Community Facilities District (CFD No. 2005-01) Annexation 36 – (Sevilla II-Pyramid Ranch) Ordinance No. 1215 on Behalf of CFD No. 2005-01 Authorizing the Levy of a Special Tax within Annexation Area No. 36 Annexed to Said District (2nd Reading)

11. Authorize a Community-Based Grant to American Outreach Foundation in the Amount of $1,000 to Help Cover Costs for Providing and Maintaining Power Wheelchairs

12. Authorize a Community-Based Grant to Green Room Theatre Company Coachella Valley in the Amount of $1,000 to Help Fund Their Ballet Folklorico Program

13. Authorize a Community-Based Grant to Pueblo Unido CDC in the Amount of $1,000 to Help Fund its Reynas Del Valle Coachella Program

14. Second Reading of Ordinance No. 1214 authorizing the levy of a Special Tax in Community Facilities District No. 2024-1 (Public Services)

15. Award Multiple Professional Services Agreements for On-Call Architectural Design Services for the Commercial Corridor Façade Improvement Program to: DMHA Architecture and Interior Design, BFK Architecture and Planning, and Mour Group Engineering and Design and Authorize the City Manager to Enter into Professional Services Agreements with the Selected Firms in Not-to-Exceed Amounts of $75,000 Per Firm

16. Authorize the City Manager to Execute Professional Services Agreements with Strategic Energy Experts Consulting for Assistance in Providing Greenfield Electric Utility and Electric Service for the City Municipal Utility
Mayor Hernandez requested to pull item #16
The City Attorney clarified the “Not-to-Exceed amount” in item #15 of $50,000 and not $75,000.

Motion: To approve the Consent Calendar with modification to item 16 Made by: Mayor Hernandez
Seconded by: Councilman Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:

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

Item 6.

Minutes City Council Closed Session and Regular Meeting September 25, 2024

ABSTAIN: None
ABSENT: None
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

17. Appointment of ten Commissioners to the Coachella Youth Advisory Commission Public Works Director mentioned an edit to this item in that staff reviewed the applications and identified that two applicants are not Coachella residents.

Motion: To approve the appointment of eight Commissioners to the Coachella Valley Advisory commission as presented.

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

AYES: Councilmember Dr. Figueroa, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
Councilmember Dr. Figueroa stepped away at 7:13 p.m. and retuned at 7:15 p.m.

18. Approve the Cooperative Agreement with the County of Riverside to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services and Approve the Cooperative Agreement between the Cities of Coachella, Indio, La Quinta and County of Riverside to Share the Cost of a Ladder Truck Company
Motion: To approve the Cooperative Agreement with the County of Riverside to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services; Approve the Cooperative Agreement between the Cities of Coachella, Indio, La Quinta and County of Riverside to Share the Cost of a Ladder Truck Company; authorize the City Attorney to make necessary non-monetary changes to the agreement; and authorize the City Manager to execute the agreement.

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

Item 6.

Minutes City Council Closed Session and Regular Meeting September 25, 2024

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

19. VMP Night Club & Event Center –Entertainment Permit No. 24-01 and Conditional Use Permit No. 380 for a nightclub and special event center to allow for live events and a Type 48 ABC license to allow the onsale of beer, wine, and distilled spirits at the 5,867 SF commercial suite at 49974 Cesar Chavez Street.

Applicant: Reyes Hernandez
Mayor Pro Tem Virgen stepped away at 7:21 pm and returned at 7:22 p.m.

Mayor Hernandez opened the public hearing at 7:30 p.m. and closed the public hearing at 7:37 p.m.

Motion: To adopt Resolution No. 2024-54 Approving Conditional Use Permit 380 and Resolution No. 2024-55 Approving Entertainment Establishment Permit No.24-01 Made by: Councilmember Galarza
Seconded by: Councilmember Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:

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

20. Adopt Ordinance No. 1213 (Zoning Ordinance Amendment No. 22-09) 1st Reading to amend Coachella Municipal Code Title 17 regarding zoning district permitted uses and development standards for the R-E, Residential Estate District, Chapter 17.12 of the Coachella Municipal Code. City-Initiated Mayor Hernandez opened the public hearing at 7:44 p.m. and closed the public hearing at 8:01 p.m.

Michael Phipps-Russell Executive Director of Loving All Animals Motion: To adopt Ordinance No. 1213 (Zoning Ordinance Amendment No. 22-09) 1st Reading with the modified language provided by the City Planning Director.

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

Item 6.

Minutes City Council Closed Session and Regular Meeting September 25, 2024

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

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

None
REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 8:20 p.m. in honor of Ventura Gutierrez, who was a planning commissioner and passed away. _____________________
Angela Zepeda
City Clerk

Item 6.

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

CODE ENFORCEMENT, ABANDONED VEHICLE

ABATEMENT, GRAFFITI, PARK RANGERS
& ANIMAL CONTROL

QUARTERLY REPORT
July 1, 2024 to September 30, 2024
Prepared By:

Jessica Navarro Page 42
Item 7.

Code Enforcement Summary Report
Report Criteria:

Status
Assigned
To
Census
Tract Violation Initiation Open Date Range
Follow up Date
Range
Close Date
Range
All All All All From 07/01/2024 To
09/30/2024 From To From To
CE Totals
Total Closed Cases Open Cases
Totals 121 57 64
CE Cases by Violation
Violation
Total
Violations
Closed
Violations
Open
Violations
1 1 0

10.08.060 - Working on parked vehicles 1 1 0

10.20.010(18)Abandoned/Inoperable/Dismantled vehicle(s). 9 3 6

12.12.050 - Duty to maintain sidewalks. 0 0 0

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

12.42.030 - Unlawful camping. 10 7 3

12.42.040 - Storage of personal property on public property. 1 0 1

12.50.100 Penalties. (B) Vending without a sidewalk vending permit 2 2 0

13.03.044 Wasting water prohibited. 3 1 2

13.03.208 - Access to water meter. 2 0 2

13.03.306 Expiration or Extension of Permit 0 0 0

15.04.020 (A) Concrete Flat Work, Shades & Storage Containers 0 0 0

15.44.010 Building Numbering/Required 0 0 0

15.60.010 Building Permit Required 17 1 16

15.60.050 - Substandard buildings and housing. 2 0 2

15.66.010 Seizmic Hazard Mitiagtion 0 0 0

17.16.020 - Permitted uses. 0 0 0

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

17.48.020 Display of merchandised out of doors. 0 0 0

17.54.010 (N)(2) Parking and Storage in Residential Zones. 12 11 1

17.54.010.(N)(3) 0 0 0

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

17.56.010(J)(2)(B) - Signs 3 1 2

Item 7.

17.58.010 - Home occupations 1 1 0

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

17.60.010 (G) - Trailers Outside Camps 0 0 0

17.60.010 - Property development standards. (Fence) 3 0 3

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

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

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

17.84 Medical Cannabis Dispensaries. 0 0 0

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

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

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

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

2.08.060 (B) - Political sign regulations 0 0 0

2.08.060 (C) - Political sign regulations 0 0 0

2.08.060 (D) - Political sign regulations 0 0 0

2.08.060 (E) - Political sign regulations 0 0 0

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

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

3.10.010 (D)(10) Termites, Insects, Vermin or Rodents. 3 1 2

3.10.010 (D)(12) Abandon or Vacated Building/Structure 3 0 3

3.10.010 (D)(13) Offensive Odors 3 3 0

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

3.10.010 (D)(18) 0 0 0

3.10.010 (D)(19) 0 0 0

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

3.10.010 (D)(23)Public Nuisances/Safety Hazard 7 3 4

3.10.010 (D)(24) Disruptive Activities 1 0 1

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

3.10.010 (D)(3) Weeds 1 1 0

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

3.10.010 (D)(36) Signs 0 0 0

3.10.010 (D)(38) - Maintenance and abatement of nuisances. 0 0 0

3.10.010 (D)(4) - Trees and Shrubs 5 2 3

3.10.010 (D)(44)Public Nuisances/Rubbish, Refuse and Dirt 22 8 14

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

3.10.010(35) Water Disp[osal 0 0 0

Item 7.

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

3.10.010(D)(15)-Hazardous Substances and Waste. 0 0 0

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

3.10.010(D)(19)-Visual Blight 7 3 4

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.10.010(D)(38)-Municipal Code Violations. 0 0 0

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

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

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

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

3.10.010(D)(43)-Weed Abatement. 1 1 0

3.10.010(D)(6)Parking on Yard Off Driveway 2 0 2

3.10.010(D)(7) Occupied Vehicles 1 1 0

3.16.090 - Failure to comply with notice of violation. 17 4 13

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

7.04.040 - Prohibited noise generally. 3 1 2

8.20.040(C)Dust Control requirements 1 0 1

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

8.44.070 Commercial Garbage Collection and Disposal 2 1 1

8.48.030 (B)Graffiti Prohibted 7 4 3

8.60 - REGISTRATION AND MAINTENANCE OF ABANDONED PROPERTIES 0 0 0

8.60.040 Registration of Abandoned Property 0 0 0

Item 7.

8.60.050 - Abandoned Property Maintenance requirements. 2 1 1

8.60.060 - Security requirements 3 0 3

8.64.050 - Vacant Property Maintenance Requirements 2 1 1 Abandoned/Inoperable/Dismantled vehicle(s) 0 0 0
Business License Required 2 2 0
Business Subject to Miscellaneous Tax Rates/Transportation, Trucking and Towing 0 0 0
CFC 10.206(a)-(b) Obstruction 0 0 0
CFC 10.206(b)-Hydrant,(c) Red curb-15' each side 0 0 0
CFC 10.207(1)-Fire Apparatus Access Roads,(a) Red curb on signs 0 0 0 CFC 10.207-Fire Apparatus Access Roads.(b) Obstruction 0 0 0 CFC 10.208(a)-Premises Identification, 0 0 0
CFC 10.301(a)-Fire Extinguishers,(a) Minimum 2A10BC 0 0 0 CFC 10.301(a)-Fire Extinguishers,(e) Commercial kitchen 40BC. 0 0 0 CFC 10.302(a)-Fire Extinguishers,(b) Servicing due 0 0 0 CFC 10.313(b)-Hood and Duct Systems,(b) Proper nozzle position, caps, coverage
0 0 0
CFC 10.313(c)-Hood and Duct Systems,(c) Automatic gas/electric shut off 0 0 0 CFC 10.313(e) 0 0 0
CFC 10.313(e)-Hood and Duct Systems,(d) Fuseable links, cables, conduits 0 0 0 CFC 10.401 0 0 0
CFC 10.401-Walls and Ceilings,(a) Holes sealed 1 0 1
CFC 10.402(a)-Exits,(e) Maintain fire rated doors, windows, dampers, and hardware 0 0 0
CFC 11.201(b)-General Housekeeping,(a) Rubbish/trash buildup 0 0 0 CFC 11.203(b)-General Housekeeping,(d) Storage not within 24" of ceiling 0 0 0 CFC 11.203(c)-General Housekeeping,(g) Storage in boiler, mech., elect. panel rooms prohibited 0 0 0
CFC 11.205(a)-General Housekeeping,(h) Candles used in approved manner 0 0 0 CFC 12.103(a)-Exits,(d) Exit obstruction 0 0 0
CFC 12.106(c)-General Housekeeping,(e) Storage under stairs prohibited 0 0 0 CFC 12.203(a)-Occupant Limit/Sign,(a) Occupant load sign(s) posted 0 0 0 CFC 12.207-General Housekeeping,Storage in attic space prohibited 0 0 0 CFC 13.103-Occupant Limit/Sign,(b) Required NO SMOKING signs 0 0 0 CFC 74.107(a) 0 0 0
CFC 79-201(e)-Flammable Liquids -(a) Approved safety cans under 10 gal. 0 0 0 CFC 79.107-Flammable Liquids,(c) Legible labeling 0 0 0 CFC 79.201(e)-Flammable Liquids,(b) Approved cabinet exceeding 10 gal. 0 0 0

Item 7.

CFC 85.104 (c)-Electrical,(c) Abatement of electrical hazards 1 0 1 CFC 85.104 (f)-Electrical,(f) Cover open space in circuit breaker panel 0 0 0 CFC 85.106-Electrical,(d) Exten. cords not allowed as permanent wiring 1 1 0 CFC 85.107-Electrical,(a) Zip cords/cube adapters not allowed 0 0 0 CFC 85.108-Electrical,(b) Min. 30" clear access to circuit breaker 0 0 0 CFC Stand. No. 10-1-6.9-Fire Extinguishers,(c) Mounted 3-5 feet from floor 0 0 0 CFC Standard No. 10-1-6.5-Fire Extinguishers,(d) Obstruction 0 0 0 Display of merchandise out of Door 0 0 0
Garbage Containers 9 7 2
Illegal Dumping 1 1 0
Illegal, Nonconform. Building or Structure(s) 0 0 0
Manner of Parking /Parallel Parking 3 1 2
Manner of Parking/Angle Parking 0 0 0
Manner of Parking/Commercial Vehicles Prohibited from Parking on Private Property and Public Rights-of-Ways 0 0 0
NEC 380-9 Electrical, (e) Outlet faceplates/covers in place 0 0 0 NFPA 13-4-2.5.1 Automatic Fire Sprinklers Systems,(c) 18" clearance below heads 0 0 0
Parking on yard/off driveway 7 4 3
Parking Requirements/General Provisions 1 1 0
Parking Requirements/Surface of Parking Area 0 0 0
Permit for Outdoor Advertising Signs 0 0 0
Prkg. Lot Striping/Handicap Markings 0 0 0
Prohibited Stopping, Standing or Parking/On a Crosswalk 0 0 0 Prohibited Stopping, Standing or Parking/Within an Intersection 0 0 0 Property Development Standards/Maintenance 0 0 0
Public Nuisances / Animals 1 0 1
Public Nuisances / Attractive Nuisances 6 1 5
Public Nuisances / Fire Hazard 9 4 5
Public Nuisances / Landscaping 14 7 7
Public Nuisances / Trees and Shrubs 7 5 2
Service Stations/Intent and Purpose 0 0 0
Service Stations/Landscaping 2 0 2
Service Stations/Parking 0 0 0
Set up Temporary Sales Location 0 0 0
Signs-All signs and sign programs shall be subject to review and approval 0 0 0 Special Event/Sales Permit Required 0 0 0

Item 7.

Special Event/Sales Signs 0 0 0
Stopping, Standing and Parking/Public or Private Driveway 0 0 0 Stopping, Standing or Parking/Sidewalk 4 3 1
Termites, Insects, Vermin or Rodents 0 0 0
Termites, Insects, Vermin or Rodents 0 0 0
Title 19, Subchapter 5-Hood and Duct Systems,(a)Serviced within 6 months 0 0 0 Trimming palm trees--Required 5 2 3
UBC 3304(c)-"This Door To Remain Unlocked During Business Hours" 0 0 0 UBC 3313(b)-(f) Emergency lighting operable 0 0 0
UBC 3314(c)-(b) Illuminated EXIT sign operable 0 0 0
UBC 3315(b)-(c) 44' clear access aisle width to exits 0 0 0 UMC 504(a)-General Housekeeping,(c) 36" clearance around water heater 0 0 0 Weed Abatement 4 1 3
Totals 241 105 136
Abandoned Vehicles Summary Report
Report Criteria:

Status
Assigned
To
Census
Tract Violation Initiation Open Date Range
Follow up Date
Range
Close Date
Range
All All All All From 07/01/2024 To
09/30/2024 From To From To
AVA Totals
Total Closed Cases Open Cases
Totals 38 32 6
AVA Cases by Violation
Violation Total Violations Closed Violations Open Violations Abandoned Vehicle 39 33 6
Totals 39 33 6

Item 7.

Commercial Center Clean Up Updates:

Smart & Final Compliance
Plaza del Sol Compliance
Auto Zone Compliance
Walmart Compliance
Family Dollar On-going
Verde Valle Plaza Compliance
El Valle Auto On-going
AM/PM On-going
Food 4 Less On-going
KFC On-going
Family Furniture On-going
Victory Liquor/Dollar Tree Compliance
CVS Pharmacy On-going
Center for Employment Training Compliance
Valley Market On-going
Formerly “Fresh n Easy” Compliance
Plaza de Oro On-going
Silvia Chapa Shopping Center On-going
Carl’s Jr Compliance
La Mango On-going
Graffiti Abatement Summary Report
July 1, 2024 to September 30, 2024
Paint Gallons Used 56
Paint Gallons Purchased 31
Graffiti Cover ups 138
Pressure washing Sq. Ft. 400
Mural Sealant 0

Item 7.

Park Ranger Summary Report
July 1, 2024 to September 30, 2024
Unsheltered
Contacts:

Park
Vandalism:

Street Sweeper
cites:

Park League
Issues:

July 158 2 933 2
Aug 59 0 809 0
Sept 209 1 393 2
Riverside County Animal Control:

No report.

Item 7.

QUARTERLY REPORT
Economic Development
Jul – Sep 2024

Item 7.

Business Licensee Report
Revenue Account Description of Revenue 2025 Total Budget 1Q 2025 Revenue Last Quarter Totals Year-to-date 2025 Revenues (Over)/Under Budget
101-11-110-10-315-000 Annual Registration Tax $ 30,000.00 $ 1,960.00 $ 18,380.00 $ 1,960.00 $ 28,040.00 101-11-110-10-316-000 Business Licensee Fee 700,000.00 20,072.54 648,921.34 $ 20,072.54 679,927.46 101-11-110-10-319-000 Penalties Revenue 10,000.00 - 373,045.23 $ - 10,000.00 101-11-110-10-322-000 Transient Occupancy Tax 1,150,000.00 255,109.55 439,994.99 $ 255,109.55 894,890.45 101-11-110-10-325-000 SB-1186- State Tax 4,000.00 448.00 3,712.00 $ 448.00 3,552.00 240-12-110-40-342-000 Uniform Fire Code Fee 40,000.00 2,794.00 30,726.00 $ 2,794.00 37,206.00 Total Budget $ 1,934,000.00 $ 280,384.09 $ 1,514,779.56 $ 280,384.09 $ 1,653,615.91 Quarterly Report
As of September 2024
Number of Short Term Vacation Rental Permits Issued (Jul-Sep): 5 Number of Business Licenses Issued (Jul-Sep): 60
New Businesses (As of January 2024): 212

Item 7.

Home Enhancement Program
8 Households
Assisted
This is a
sample text.
$267,405
Invested

Item 7.

Item 7.

Item 7.

Item 7.

BUILD
ASSESS + IDENTIFY DESIGN

BROADBAND

MASTER PLAN

VISION SELECT FRAMEWORK
The City of Coachella is
working with HR Green to
develop a Broadband
Master Plan to assist with a
planning and decisionmaking process as the City
of Coachella Mayor and
City Council determine
whether it is feasible to
deploy and operate
broadband infrastructure
for the residents,
businesses, and anchor
institutions within City
limits.

The information obtained from the master plan report will be used to assist in the planning and evaluation of feasibility for implementation of a network that seeks to lower broadband costs and increase network value for all stakeholders in Coachella. Additionally, the report will be designed to assist City leaders in understanding the operational implications, important risk factors, and a realistic cost framework for developing and operating City owned fiber optic infrastructure. The primary strategic priorities identified by City leaders for this analysis include lowering costs, improving network speed and reliability, increasing competition, fostering economic development, and fixing the coverage gaps that exist in the City.

City leaders also have an interest in the potential for this infrastructure to support emerging smart city applications.

Item 7.

The Façade Improvement Program
received four proposals for on-call
design services for the program.

This item will be taken to the City
Council for approval.

Item 7.

Item 7.

ENGINEERING:

Capital Improvement Projects
July 2024-September 2024
ST-69 Ave 50 Bridge over Whitewater Channel / ST-81 New Interchange @ Avenue 50 and 86 South Expressway
Environmental document was approved and finalized in February 2019. Project meeting with Caltrans to review technical studies on the project continues. 95% plans and estimates have been submitted and are currently under review. Right-of-way acquisition is currently in progress.

ST-93 Avenue 50 Widening Project (Calhoun to Harrison)
Professional agreement with KOA Corporation has been approved by City Council on 10/9/2019 for Final Construction PS&E. City Staff coordinating with KOA to complete design PS&E. KOA has submitted 90% design PS&E for review. Right of way acquisition phase is currently in progress.

Item 7.

ST-131 Avenue 48 Widening from Van Buren to Dillon Road Environmental documents have been completed and final design for Plans, Specifications and Engineer’s Estimates are being made. Right of way acquisition phase is in progress. The project will add two lanes east bound and one lane west bound with bicycle and pedestrian facilities as well.

Riverside County is lead agency on this project. The Project is currently under construction.

P-29 Avenue 53 Tot Lot
Project will add a safety fence around
park perimeter, new playground
equipment, updated landscaping and
ADA upgrades. Plans are complete and
currently under review. The Project is
scheduled to go out to Bid in October
2024.

P-30 & 32 Bagdouma Park Restroom
Upgrades:

The project will install a new restroom and
concession stand and demo and install a restroom
at Bagdouma Park. A design contract was awarded
to Heptagon Seven on June 28, 2023 to provide
plans, specifications and engineer’s estimates. A
construction contract was awarded to Three Peaks
Corporation and construction is scheduled to begin
on September 23, 2024. Construction will take
approximately 3 months.

Item 7.

P-31 Rancho Las Flores Expansion
Design is currently underway. Survey has been done and conceptual plans have been presented. Project will complete Rancho Las Flores Park and include an amphitheater, splash pad, sports courts, dog park and flexible open space for fields, walking, exercising and gatherings. Expansion will also include complete landscaping and lighting. Design is currently 60% complete.

F-33 Library Annex:

The project will renovate and upgrade the existing 7,700 SF Coachella Library Annex. A design contract was awarded to IDS Group on May 24, 2023 to provide plans, specifications and engineer’s estimates. The project is currently in design. The project will include seismic retrofit, upgraded HVAC and electrical systems, and a restructured layout to provide better services to the public.

Item 7.

Private Development Projects
Bellissima Pulte Homes:

Final phase is currently under construction. On-site curb and gutter and street base improvements have been completed. Off-site street improvements on Frederick, Avenue 53 and Calle Empalme continue to be constructed. City Staff continues to inspect.

Covalda Apartments:

Covalda apartments will build 108 affordable housing units in Pueblo Viejo and will include commercial units as well. Construction has started and will take approximately 18 months. Contractor has started grading and compacting area. Contractor has installed underground storm water chambers. Contractor continues to work on water mainline upgrades. City Staff continues to inspect.

Pyramid Ranch:

The Pyramid Ranch housing development will build 192
houses on Van Buren Street between Avenue 50 and
Avenue 51. The model homes and phase 1 are currently
under construction. City Staff continues to inspect.

Item 7.

Public Works Department
2024 Third Quarter Report
TO: Honorable Mayor and Council
FROM: Maritza Martinez, Public Works Director
DATE: September 19, 2024
SUBJECT: Quarterly Report
________________________________________________________________________ Departmental Mission:

In a balanced effort to maintain cost effective operations and provide maintenance and emergency response services in a reasonable and efficient manner, it is the mission of the Public Works Department to provide quality maintenance and repair of facilities and infrastructure for the City of Coachella community and its city departments.

Executive Summary:

The Public Works Department is responsible for the operations of our: facilities, fleet, landscape, lighting and maintenance districts, parks, and streets. The Department is also the home to our Emergency Services Division and Recreation Division. As reflected below the Public Works Department staff responded to a myriad of requests as reflected below between June – September 2024.

Quantity
Streets Division
Illegal Dumping 32
Homeless Camps 10
Training 2
Other Dept. Assists 8
Potholes 751
Patch service cuts 12
Sidewalk Repair 5 locations
Street Sign Main. 54 repairs
Street Light/New install
Repair/Electrical wire
installation
57 Repairs
Street Striping legends,
stops/stop bars & bumps
207

Item 7.

Parks/ LLMD / Building Main.

Facility Use Permits 81 permits (Library, Community Center & Upstairs Conference room) 65 permits (park shade structures)
38 permits (field rentals)
Overseeding/
Fertilization / New Sod
Applied 200 (50lbs) bags of Ever Green
Applied 9 (50lbs) bag of Bermuda Seed at Vista Escondida and Bagdouma Installed 15,000 square feet of sod for Bagdouma Fields 3 & 4 rehab.

Park / LLMD Lighting 36 Fixture Repairs & Relamping
Sprinkler/Irrigation
Repairs
140 Heads replaced due to leaking or broken.
375 adjustments to sprinkler heads
48 Valves
7 Main Lines
3,750 drip heads replaced
Tree/Plant
Replacement
Tree Trimming = 1,560
Tree Removals = 20
Plant/Tree Installs = 674
HVAC Systems
Serviced / Repaired
35 Building Repairs 13
Fire Extinguisher
Services
15,000 sq feet flooring deep cleaning
Floor Maintenance Deep cleaning 15,000 square feet
Furniture Installs/
Assembly
11 Emergency Manag.

Reim Hurricane Hilary
Recovery (ongoing)
16 Projects Submitted to FEMA Grants Portal
2 Projects Submitted to Caltrans
2024 FOURTH OF JULY
Traffic Control 8 jobs
Call outs 10
Weed Abatement
4 Weed Abatement
7 Grading Jobs
Weed Control Spraying Program - Round-up 120 gallons
Special events 5
Streetlight Decor N/A

Item 7.
2024 EL GRITO / FIESTAS PATRIAS

Item 7.

City of Coachella Building Activity Report
JULY 2024
Permits Current Month Past Month This Month Last
Year
This Year to
Date
Last Year to Date
Res. Solar Panels 30 17 7 77 191
Misc. Building Permits 33 46 33 219 312
Residential Additions/Ga 12 9 5 32 93
Single Family Dwellings 0 0 14 4 95
Commercial Bldgs. 0 0 0 0 2
Commercial Ten. Improv 1 1 0 5 4
Multi- Family Units 0 0 0 0 108
Plan Check 0 0 0 0 0
TOTALS 76 73 59 337 772
Revenue Fees
Building Fees $20,278.50 $21,490.50 $45,945.50 $148,441.15 $388,616.57 Dev. Impact Fees $0.00 $0.00 $225,158.61 $65,823.74 $2,387,611.92 Sewer &Water Fees $0.00 $6,505.12 $121,410.52 $41,193.84 $1,412,797.93 Misc. (TUMF, MSF, FIRE) $0.00 $0.00 $35,700.00 $10,960.00 $288,543.92 Plan Check $14,692.00 $12,570.00 $9,973.50 $80,993.50 $125,847.30 Cert of Occupancy $0.00 $0.00 $3,584.00 $1,024.00 $52,736.00 SB1473 $111.00 $132.00 $181.90 $832.80 $2,341.10
TOTALS $35,081.50 $40,697.62 $441,954.03 $349,269.03 $4,658,494.74 1% Construction Tax $0.00 $0.00 $30,653.76 $14,729.00 $399,432.51 Strong Motion Instr. $233.72 $373.21 $469.88 $2,135.72 $8,649.04 TOTALS $233.72 $373.21 $31,123.64 $16,864.72 $408,081.55 Valuations $2,981,395.00 $2,265,618.00 $5,848,367.00 $15,636,564.00 $69,825,465.95 Inspections
General 286 249 NO INFO 2128 3488
Final Single Family 0 11 NO INFO 74 77
Final Multi Family 0 0 NO INFO 1 0
Final Commercial 2 1 NO INFO 14 4
Final Miscellaneous 40 31 NO INFO 271 287
Final Solar 6 1 NO INFO 84 213
Code Enforcement Insp. 2 15 NO INFO 71 100
TOTALS 336 308 2643 4169
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9545
Submitted by:

Rosa Vasquez
Development Services Technician

Item 7.

City of Coachella Building Activity Report
AUGUST 2024
Permits Current Month Past Month This Month Last
Year
This Year to
Date
Last Year to Date
Res. Solar Panels 66 30 13 143 204
Misc. Building Permits 32 33 49 251 361
Residential Additions/Ga 14 12 6 46 99
Single Family Dwellings 25 0 8 29 103
Commercial Bldgs. 2 0 0 2 2
Commercial Ten. Improv 0 1 3 5 7
Multi- Family Units 0 0 0 0 108
Plan Check 0 0 0 0 0
TOTALS 139 76 79 476 851
Revenue Fees
Building Fees $96,491.85 $20,278.50 $45,486.45 $244,933.00 $434,103.02 Dev. Impact Fees $358,555.96 $0.00 $128,709.80 $424,379.70 $2,516,321.72 Sewer &Water Fees $255,945.67 $0.00 $82,190.56 $297,139.51 $1,494,988.49 Misc. (TUMF, MSF, FIRE) $225,620.68 $0.00 $20,400.00 $236,580.68 $308,943.92 Plan Check $33,995.00 $14,692.00 $18,152.78 $114,988.50 $144,000.08 Cert of Occupancy $6,656.00 $0.00 $2,048.00 $7,680.00 $54,784.00 SB1473 $620.80 $111.00 $316.00 $1,453.60 $2,657.10
TOTALS $977,885.96 $35,081.50 $297,303.59 $1,327,154.99 $4,955,798.33 1% Construction Tax $89,916.00 $0.00 $17,707.37 $104,645.00 $417,139.88 Strong Motion Instr. $2,330.47 $233.72 $1,460.48 $4,466.19 $10,109.52 TOTALS $92,246.47 $233.72 $19,167.85 $109,111.19 $427,249.40 Valuations $14,864,716.71 $2,981,395.00 $6,800,683.00 $30,501,280.71 $76,626,148.95 Inspections
General 358 NO INFO NO INFO 2486 3488
Final Single Family 0 NO INFO NO INFO 74 77
Final Multi Family 0 NO INFO NO INFO 1 0
Final Commercial 1 NO INFO NO INFO 15 4
Final Miscellaneous 37 NO INFO NO INFO 308 287
Final Solar 13 NO INFO NO INFO 97 213
Code Enforcement Insp. 1 NO INFO NO INFO 72 100
TOTALS 410 3053 4169
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9570
Submitted by:

Rosa Vasquez
Development Services Technician

Item 7.

City of Coachella Building Activity Report
SEPTEMBER 2024
Permits Current Month Past Month This Month Last
Year
This Year to
Date
Last Year to Date
Res. Solar Panels 27 66 13 170 204
Misc. Building Permits 25 32 49 276 361
Residential Additions/Ga 10 14 6 56 99
Single Family Dwellings 29 25 8 58 103
Commercial Bldgs. 0 2 0 2 2
Commercial Ten. Improv 0 0 3 0 7
Multi- Family Units 0 0 0 0 108
Plan Check 0 0 0 0 0
TOTALS 91 139 79 567 851
Revenue Fees
Building Fees $86,287.50 $96,491.85 $45,486.45 $331,220.50 $434,103.02 Dev. Impact Fees $412,242.06 $358,555.96 $128,709.80 $836,621.76 $2,516,321.72 Sewer &Water Fees $251,493.22 $255,945.67 $82,190.56 $548,632.73 $1,494,988.49 Misc. (TUMF, MSF, FIRE) $79,460.00 $225,620.68 $20,400.00 $316,040.68 $308,943.92 Plan Check $19,098.25 $33,995.00 $18,152.78 $134,086.75 $144,000.08 Cert of Occupancy $7,424.00 $6,656.00 $2,048.00 $15,104.00 $54,784.00 SB1473 $390.00 $620.80 $316.00 $1,843.60 $2,657.10
TOTALS $856,395.03 $977,885.96 $297,303.59 $2,183,550.02 $4,955,798.33 1% Construction Tax $74,594.10 $89,916.00 $17,707.37 $179,239.10 $417,139.88 Strong Motion Instr. $1,125.35 $2,330.47 $1,460.48 $5,591.54 $10,109.52 TOTALS $75,719.45 $92,246.47 $19,167.85 $184,830.64 $427,249.40 Valuations $8,980,012.00 $14,864,716.71 $6,800,683.00 $39,481,292.71 $76,626,148.95 Inspections
General 264 358 NO INFO 2750 3488
Final Single Family 0 0 NO INFO 74 77
Final Multi Family 0 0 NO INFO 1 0
Final Commercial 1 1 NO INFO 16 4
Final Miscellaneous 24 37 NO INFO 332 287
Final Solar 12 13 NO INFO 109 213
Code Enforcement Insp. 1 1 NO INFO 73 100
TOTALS 302 410 3355 4169
TOTAL DWELLING UNITS IN THE CITY OF COACHELLA 9599
Submitted by:

Rosa Vasquez
Development Services Technician

Item 7.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Authorization to file a Notice of Completion for City Project No. ST-118, Buena Vista and Pueblos at Avalar & Navarra Neighborhood Pavement Rehabilitation STAFF RECOMMENDATION:

Accept the City Project No. ST-118, Buena Vista and Pueblos at Avalar & Navarra Neighborhood Pavement Rehabilitation as complete and direct the City Clerk to file a Notice of Completion attached hereto with the County of Riverside.

BACKGROUND:

On May 8, 2024, the City of Coachella acted to authorize a construction contract with ATP General Engineering Contractors in the amount $1,816,225.00 plus 10% contingency; and authorize appropriation of $1,231,705.50 from Fund 101 (General Fund) for the Construction of Buena Vista and Pueblos at Avalar & Navarra Pavement Rehabilitation Project, a portion of City Project No.

ST-118.

The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On April 5, 2024, the City issued the Notice Inviting Bids with a non-mandatory job walk held on April 9, 2024. The project bid opening was held on April 25, 2024 at 10:00 a.m., with five companies submitting a bid for this project, with ATP General Engineering Contractors being deemed the lowest responsible bidder.

DISCUSSION/ANALYSIS:

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

FISCAL IMPACT:

No Fiscal Impact to General Fund. Construction was executed using Measure A Fund in the amount of $766,142 (Fund 117) and General Fund in the amount of $1,109,283 (Fund 101) with an original contract amount $ 1,816,225.00 plus 10% for contingencies. The project costs included the original contract in the amount of $1,816,225, Contract Change Order #1 in the amount of $3,900.00 and survey monument rehabilitation in the amount of $55,300. The project was constructed within budget including all quantities totaling $ 1,875,425.00.

Item 8.

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

When Recorded, return to:

Delia Granados, Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as Buena Vista and Pueblos at Avalar & Navarra Neighborhood Pavement Rehabilitation Project, City Project No. St-118 has been completed and was accepted by the undersigned awarding authority on the date hereof. The Pavement Rehabilitation Improvements are located within City right-of-way on various areas located within the City of Coachella.

The contractor on such work was ATP General Engineering Contractors and the surety on his bond is Surety Arch Insurance Company located at 3 Parkway, Suite 1500 Philadelphia, PA 19102.

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

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

Date: October 9, 2024 City of Coachella
(Date of Acceptance) (Name of Political Subdivision)
Owner Address:
53990 Enterprise Way
Coachella, CA 92236
By: ________________________________
Steven A. Hernandez
Title: _________Mayor_________
State of California) City of Coachella
) ss
County of Riverside)
I hereby certify that I am the Deputy City Clerk of the governing board of the City of Coachella, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct.

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

Item 8.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Sponsorship of Raices Cultura for 2024 Dia de los Muertos Celebration in the Amount of $20,000
STAFF RECOMMENDATION:

Staff recommends that the City Council consider approving a sponsorship request for Raices Cultura in the amount of $20,000 to be the Presenting Sponsor of their Dia de los Muertos celebration on November 2, 2024.

BACKGROUND:

Since 2004, the Dia de los Muertos celebration event by Raices Cultura has grown year after year, bringing in more than 4,000 attendees together to celebrate art, culture, and community health with the main event being the Run with Los Muertos 5k Race. Funding for Raices Cultura sponsors unique art displays from large-scale Calaveras painted by local artists, to the traditional ‘ofrendas’ built by intergenerational family members, artists, and community organizations; the community art gallery features over a dozen visual artists, a special commission of two over-sized ‘titeres’ - La Catrina y El Viejito - by expert puppet-makers for the procession, the doubling of its thematic community-based art workshops, an interactive art installation photo op area, and a curated Mercadito de Arte vendor area.

DISCUSSION/ANALYSIS:

Presenting Sponsor Benefits: Chicomecoatl (Nourishment) - $20,000 (1 available) ▪ Presenting Sponsor at 2024 Dia de Los Muertos Community Celebration on November 2 ▪ Sponsor of Special Project Art Installation for event with a Presenting Sponsor placard ▪ Sponsor of Art Activity Zone at the event with sponsor logo signage ▪ Custom floor graphics with Sponsor logo in thematic design at the event ▪ Tour of local museum for 4 with Raices Cultura’s Executive Director + lunch in Palm Springs (TBD)
▪ Invitation for 8 to private Artist Dinner (TBD)
▪ Logo displayed as 2024 Presenting Sponsor on all printed material and on website in

Item 9.
perpetuity
▪ Formal acknowledgement by Master of Ceremonies during opening remarks FISCAL IMPACT:

Should the City Council approve the request as submitted, an appropriation of $20,000 from Undesignated General Fund Reserves will be required to allow for sponsorship award in the requested amount of $20,000. If approved the appropriation will be made to the event from the General Fund.

ATTACHMENT:

1. Sponsorship Request

Item 9.

Dear Dr. Gabriel Martin, City Manager, City of Coachella:

Raices Cultura would like to request your consideration to be the Presenting Sponsor for our Dia de Los Muertos Celebration in Coachella on November 2, 2024. Your continued support will sustain this long-standing tradition and demonstrate to the public that the City of Coachella values the power of art & culture to transform and uplift communities.

Who We Are: Raices Cultura is committed to the empowerment of youth and adult residents through artistic selfexpression and cultural inclusivity. We promote the preservation of cultural traditions and the development of personal voice, creativity, and civic engagement through the arts - all in service of transformative justice.

Event Sponsorship: This event attracts a diverse audience from the Coachella Valley and beyond where all are welcome. Raices Cultura’s efforts highlight the heritage and arts & culture practices which honor the ancient indigenous traditions of Mesoamerican peoples, combined with Mexican and Spanish cultural influences, that celebrate the lives of loved ones who are no longer with us.

Since 2005, we have proudly staged our event in the City of Coachella and it has grown year after year with thousands of attendees gathering together to celebrate art, culture, & community. Sponsorships for this event support everything from unique art displays such as our oversized calaveras painted by local artists, to the traditional ofrendas built by intergenerational family members, artists, and community organizations, as well as interactive art installations and special projects that feature visual artists, numerous thematic workshops that educate attendees about cultural art, an activity zone, a curated Mercadito de Arte vendor area, and more! We respectfully request your support for our annual Dia de Los Muertos celebration. Your sponsorship will not only foster sustainability for our organization & the important work we do, it also provides greater support for artists and expands the creative offerings at this annual event. It is a wonderful opportunity to proudly display your commitment to strengthening community and increasing access to art & culture in the Coachella Valley.

In Community,
Marnie L. Navarro
Executive Director
Raices Cultura
1536 7th Street | PO Box 714 Coachella, CA 92236 | www.raicescultura.org

Item 9.
2024 Sponsorship Levels
Presenting Sponsor: Chicomecoatl (Nourishment) - $20,000 (1 available) ● Presenting Sponsor of Raices Cultura’s 2024 Dia de Los Muertos Community Celebration on November 2 ● Sponsor of Special Project Art Installation for event with a Presenting Sponsor placard ● Sponsor of Art Activity Zone at the event with sponsor logo signage ● Custom floor graphics with Sponsor logo in thematic design at the event ● Tour of local museum for 4 with Raices Cultura’s Executive Director and lunch in Palm Springs (TBD) ● Invitation for 8 to private Artist Dinner (TBD)
● Logo displayed as 2024 Presenting Sponsor on all printed material and on website in perpetuity** ● Formal acknowledgement by Master of Ceremonies during opening remarks Visionary Sponsor: Coatlicue (Supreme Goddess) - $15,000 (1 available) ● Partner Sponsor of Raices Cultura’s 2024 Dia de Los Muertos Community Celebration on November 2 ● Sponsor of Mercadito de Arte at the event with Partner Sponsor signage ● (1) Special art project by Raices Cultura for a future private or community event of sponsor’s choice*** ● Tour of local museum for 4 with Raices Cultura’s Executive Director and lunch in Palm Springs (TBD) ● Invitation for 4 to private Artist Dinner (TBD)
● Logo or Name as 2024 Partner Sponsor on printed event materials and on website in perpetuity** ● Large logo on signage displayed at event in prominent location as Partner Sponsor** Program Sponsor: Quetzalcoatl (Creator of Earth) - $10,000 (2 available) ● (1) 4’x4’ Calavera Gigante painted by a local artist unveiled at Nov. 2 event with sponsor name placard* ● Sponsor (1) of the following programs for a year: Nepantleras Women’s Group, Media Production, or Open Mic ● Invitation for 2 to private Artist Dinner (TBD)
● Logo or Name as Gold Sponsor on printed event materials and on organization website in perpetuity** ● Medium logo on signage displayed at event in prominent location** Collaborator Sponsor: Tezcatlipoca (Earth Co-Creator) - $5,000 (4 available) ● Swag bag incl. (1) limited edition artwork, (2) 2024 Raices Cultura DDLM t-shirts, and personalized note**** ● Team-Building or Staff Development art workshop event for up to 20 participants*** ● Invitation for 2 to private Artist Dinner (TBD)
● Logo or Name as Silver Sponsor on printed event materials and on organization website in perpetuity** ● Small logo on signage displayed at event in prominent location** Ally Sponsor: Tlaloc (Rain & Water)- $1000 (19 available) ● Swag bag incl. (1) 2024 Raices Cultura DDLM t-shirt and personalized note**** ● Logo or Name as 2024 Bronze Sponsor on organization website in perpetuity** ___________________________________________________________________________________________ *Option to keep the calavera or donate it back to Raices Cultura for auction or reuse. **Sponsorships must be confirmed by October 20, 2024 to be included in promotional materials. ***Special project not to exceed $2000.00 budget / Must be scheduled a minimum of 90 days in advance ****Indicate mailing address and size for t-shirt (S, M, L, XL, XXL, XXXL) Please contact a representative of Raices Cultura at (760) 861-3188 if interested in a sponsorship. Make checks payable to Raices Cultura and mail to P.O. Box 714, Coachella, CA 92236. Sponsorships must be confirmed by October 20, 2024 to be included in promotional materials. Raices Cultura is a tax-exempt organization and is exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code EIN# 26-4790803. Page 75
Item 9.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Rene Rosales, Code Compliance Manager
SUBJECT: Award of Contract to Demo Unlimited, Inc., for $40,389.82, to Complete Asbestos Abatement and Demolition of the Property at 52-156 Tripoli Way STAFF RECOMMENDATION:

Staff recommends awarding the contract to Demo Unlimited, Inc., for $40,389.82, to complete asbestos abatement and demolition of the property at 52-156 Tripoli Way.

BACKGROUND:

The structure at 52-156 Tripoli has been the subject of Code Enforcement efforts since 2017. The structure is severely substandard and is an attractive nuisance. The property has been routinely boarded up and has repeatedly been broken into and used by transients. The structure is in a state of complete disrepair. In an effort to finally abate the nuisance conditions on the property, the City made the decision to purchase this property via tax sale on April 25, 2024, with the intention to demolish the property.

In a hazardous materials test, asbestos was detected. The proposed contract would demolish the building and also include asbestos abatement.

DISCUSSION/ANALYSIS:

The contract will pay Demo Unlimited Inc., $29,437.60 for the demolition of the building and $10,952.22, for asbestos abatement, for a total amount of $40,389.82.

The contract went through an informal bidding process pursuant to Coachella Municipal Code (“CMC”) section 4.08.120(C). There is not a competitive market in Coachella for the demolition of buildings and the abatement of asbestos. Of the three quotes solicited from companies, only one company provided a quote that included the cost of asbestos abatement. Young’s Land Clearing and Eagle Eye Demolition provided bids for the demolition of the building only ($21,787.50 and $29,437.60 respectively). They were unable to provide a bid for the asbestos abatement.

Item 10.

Furthermore, pursuant to CMC section 4.08.120(G), approval of the contract is in the best interest of the City. This property has an extensive code enforcement history, and its substandard state makes it an attractive nuisance, and creates a threat to the public health, safety, and welfare of the City. It is thus in the best interest of the City to move forward in the demolition of this property.

Company Name: Demo
Bid
Asbestos
Abatement
Total
Amount:

Demo Unlimited, Inc. $29,437.60 10,952.22 $40,389.82
Young’s land Clearing $21,787.50 Not Available $21,787.50 Eagle Eye Demolition Inc. $29,500.00 Not Available $29,500.00 Staff has reviewed the bid and has determined that Demo Unlimited, Inc. is the best-qualified, responsive and responsible bidder. Staff recommends awarding the contract to Demo Unlimited, Inc.

FISCAL IMPACT:

The project was not a budgeted item in the FY 24/25 budget. The contract amount of $40,389.82 will be funded by the general fund.

ATTACHMENTS:

1. Construction agreement

2. Project proposals

3. Tax Deed of Tax-Defaulted Property

Item 10.

LETTER AGREEMENT BETWEEN DEMO UNLIMITED AND CITY OF

COACHELLA
October 03, 2024
Attn: Chris Bloch
Demo Unlimited Inc.
51-350 Desert Club Drive Suite #3
La Quinta CA 92253
Re: Letter of Agreement for 52-156 Tripoli Way Demolition Project Dear Mr. Chris Bloch:

This letter shall be our Agreement regarding the Demolition project of a single family dwelling described below (“Services”) to be provided by Demo Unlimited Inc., a partnership, (“Contractor”) as an independent contractor to the City of Coachella for the demolition of 52156 Tripoli Way project. (“Project”).

The Services to be provided include the removal of Asbestos abatement, structure, foundation, driveway, vegetation and all trash from site. The Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference.

Contractor shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation for the above services shall be based on the bid not to exceed amount of forty thousand three hundred eighty nine dollars and eighty two cents. ($40,389.82).

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Item 10.

Contractor shall provide proof of commercial general liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Contractor is an employer or otherwise hires one or more employees during the term of this Project, Contractor shall also provide proof of workers’ compensation coverage for such employees, which meets all requirements of state law. Contractor shall also provide errors and omissions professional liability insurance appropriate to its profession in an amount, with conditions and for a term acceptable to the City.

Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner.

Services on the Project shall begin upon approval from city staff and be completed by October 31, 2024, unless extended by the City in writing. The City may terminate this Letter of Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter of Agreement without cause before Project completion, Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Letter of Agreement for cause only.

To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor’s Services, including without limitation the payment of all consequential damages, expert witness fees, and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official officers, employees, agents, or volunteers.

Item 10.

If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records.

CITY OF COACHELLA Demo Unlimited Inc.

Approved by: Reviewed and Accepted by Contractor:

Dr. Gabriel Martin Chris Bloch
City Manager Demo Unlimited Rep.

Date: Date:

Approved as to Form:
_________________________________
Carlos Campos
City Attorney

Item 10.

Demo Unlimited, Inc.
51350 Desert Club Drive,
Suite 3
La Quinta, CA 92253
Bill To:

CITY OF COACHELLA

PEDRO HERNANDEZ
(760) 398-4978 EXT 121
53990 ENTERPRISE WAY
COACHELLA, CA 92236
Description Total
RE: BURNED STRUCTURE DBMO
LOCATION: 52156 TRIPOLI WAY
SCOPE OF WORK:

PRICE INCLUDES MOBILIZATION, EQUIPMENT, LABOR, HAULING AND DUMP FEE'S ASSOCIATED WITH THE DEMO OF BURNED STRUCTURE. HOUSE, SLAB, FOOTmGS AND TREE'S TO BE REMOVED. CAP SEWER 5' INSIDE PROPERTY. PRICE INCLUDES DEMO PERMIT AND AQMD NOTIFICATION. IF ASBESTOS IS FOUND A CHANGE ORDER REQUEST WILL BE SENT FOR THE EXTRA WORK. LOT TO BE LEFT CLEAN AND FREE FROM DEBRIS.

FENCE TO REMAIN AROUND LOT. ALL UTILITIES TO BE TERMINATED PRIOR TO START OF DEMOLITION. DURATION OF DEMO TO BE 3-4 DAYS. PREVAILING WAGE RATES ARE INCLUDED IN THIS PRICE.

LUMP SUM PRICE
PRICE FOR ASBESTOS ABATEMENT:

CURRENT COUNTY OF RIVERSIDE PREV AILING WAGE RATES OF $68.29 FOR ASBESTOS & LEAD ABATEMENT WORKER ARE INCLUDED, THE CITY WILL PROVIDE THE PROCEDURE 5 WORK PLAN. DEMO UNLIMITED 'WILL PERFORM THE DEMOLITION WORK WITH THE .25% PLASTER. THE DEBRIS SHALL BE KEPT WET DURING AJ_,L WORK, A EXPOSURE

ASSESSMENT WILL BE PERFORMED DURING THE INITIAL WORK TO ENSURE COMPLIANCE

WITH CAL OSHA AND THE CONTRACTOR WILL SUBMIT A CAL OSHA ASBESTOS NOTIFICATION.

AIR TESTING

PLEASE SEE NEXT PAGE FOR TERMS AND SIGNATURES
29,437.60
10,002.22
950.00
Please sign and return to authorize this work.
v
Proposal
Page I

Item 10.

Demo Unlimited, Inc.
51350 Desert Club Drive,
Suite 3
La Quinta, CA 92253
Bill To:

CITY OF COACHELLA

PEDRO HERNANDEZ
(760) 398-4978 EXT 121
53990 ENTERPRISE W AY
COACHELLA, CA 92236
Description Total

PRBV AILING WAGE
Exclusions, unless specified in scope of work: 1. Demo Unlimited Inc. is not responsible for the performance of any hazardous material testing or removal, including asbestos and lead. 2.Any items buried beneath the surface, such as footings, slabs, and septic tanks, will be removed and charged on a time and materials basis.

This proposal can be withdrawn any time prior to acceptance by customer.

PLEASE SEE NEXT PAGE FOR ADDITIONAL FF,ES AND SIGNATURES, Customer hereby accepts all terms and conditions specified herein. Any changes shall be executed only upon written change order signed by all parties. All invoices to be paid within 30 days of the date of the invoice. Customer agrees to pay a service charge of 1%-12% per month on all invoices which are past due.

In addition, customer agrees to pay all costs and expenses for collection of any amounts due hereunder, including actual attorney's fees incurred. The signatory below warrants that he/she is authorized to sign on behalf of his/her respective entity and is authorized to bind said entity to the terms hereof.

DF,MO UNLIMITED mc. {)
""'! n i' 6v }
BY: '
Please sign and return to authorize this work.

Customer Signature
Proposal
Total: $40,389.82

Item 10.
,-a:"' "a"';',-.J"""a'oa-- ;,-"?,%a57;;',-, ,-;-,,,%a;,',:.,;,,y;:!':a).47,a ,,%y,,a,,,,, si . L % L I
79220 Port Royal Avmiue
Bemiuda Dunes, CA 92203
License #536317
Phone No. (760) 772-?l7't
Fax No. (760)772-ffl7
7-23-2024
To: The City of Coachella
This proposal is forthe demolitionworkat 52156 Tripoli Way. The work consists ofthe removal ofie stnucture, foundation, driveway. Vegetationandtrashfromthe site. The City tohave the asbestos removed by others priorto demoIition. Cityto haveutilities abandoned. No pemanent dust controI is included. The price includes labor, equipment, dump fees and demo permit.

Total Price: $21,787.50
Rocky Young
3l'aungbLbtiPage 83 1%4!dulA:Offl
Item 10.

EAGLE EYE DEMOLITION, INC.
1070 Mildred St
La Verne, CA., 91750
909-767 -8695
Contractor's license: 1094560-C-21
Date: 7/17/24
Bill To:

City of Coachella
Code Enforcement Department
C/O: Sr. Code Officer Pete Hernandez
53-990 Enterprise Way
Coachella, CA, 92236
PROJECT: 52156 Tripoli Way, Coachella CA 92236 Price quote prepared- 7/17/2024 Quote # Payment Terms Due Date
Eagle Eye Demolition, Inc agrees to provide all labor, tools and equipment required to demolish, haul away and dispose of fire damaged structure and related rubbish located at the subject property. Price includes removal and disposal of concrete pad and footings, trees and bushes, rough grade the lot, expose and cap sewer line, AQMD permit, Dig Alert notifications, city business license and city demolition permit.

NOTE: Quote does not include removal of hazardous materials that may be identified during the demolition project. Hazardous materials may include but are not limited to: Paints, solvents, fertilizers, pesticides, acids, fuels, petroleum-based products, tires, bio waste, electronics, radioactive and/or explosive materials.

These items may be removed and disposed of at an additional cost after being identified and a written approval is granted by the responsible city representative. a survey is performed and
a S29,500.00
Thank you for your business!

Item 10.

REQUESTED BY AND MAIL TO:

MATTHEW JENNINGS

TREASURER - TAX COLLECTOR
4080 LEMON ST., 4th FL. MAIL STOP 1110
RIVERSIDE, CALIFORNIA 92501

CITY OF COACHELLA

C/O GABRIEL MARTIN, CITY MANAGER
53990 ENTERPRISE WAY
COACHELLA, CA 92236
2024-0 182096
06/24/2e24 e4:43 Pf'l Fee: $ 17.00

Recorded iri Official Records
County of Riverside
Peter Qldana
Qssessor-County Clerk-Recorder
R A EXam: ?.!
Page DA PCOR MISC Long RFD 1st Pg Adtl Pg Cert CC
SIZE NCOR SMF NCHG T: NO SMF
012-023 COACHELLA
Doc. Trans. Tax - computed on full value of property conveyed $ 199.10 Matthew Jennings, Tax Collector
$a:FjEE;!!J'

TAX DEED TO PURCHASER OF TAX-DEFAULTED PROPERTY
On which the legally levied taxes were a lien for Fiscal Year And for nonpayment were duly declared to be in default
2015-2016
2016-778240003
Default Number
This deed, between the Tax Collector of RIVERSIDE County ("SELLER") and CITY' OF COACHELLA, A MUNICIPAL CORPORATION ("PURCHASER") conveys to the PURCHASER free of all encumbrances of any kind existing before the sale, except those referred to in §3712 of the Revenue and Taxation Code, to the real property described herein which the SELLER sold to the PURCHASER at a public auction held on A ril 30 2024 pursuant to a statutory power of sale in accordance with the provisions of Division 1, Part 6, Chapter7, Revenue and Taxation Code, for the sum of .

NO TAXING AGENCY objected to the sale.

In accordance with law, the SELLER, hereby grants to the PURCHASER that real property situated in said county, State of California, last assessed to RIGHT ANGLES INV INC, described as follows:

Assessor's Parcel Number 778240003
<S'C'C:PA%J'E2 E'i4Ti'T LE'LI 'L'C(:l'j'l" L DEa'CRIPT '!ON> A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document.

State of California
County of Riverside
Executed on
April 30, 2024 By
Matthew Jennings, Tax Collector
On June 12 2024, before me, Peter Aldana, Assessor-County Clerk-Recorder, personally appeared Matthew Jennings, Treasurer and Tax Collector for Riverside County, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Peter Aldlana,Assessor-Coug:y 9J,lerk-Recorder
Seal j'-- 8
* CALIFO#'

Item 10.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Anahi Fernandez, Management Analyst
SUBJECT: Authorize the City Manager to Execute a Letter of Agreement with CannaBiz Consulting Group for Cannabis Social Equity Consulting Services in a Not-toExceed Amount of $35,000 STAFF RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute the attached Letter of Agreement with CannaBiz Consulting Group, in a not-to-exceed amount of $35,000 for the continued provision of cannabis technical assistance services.

BACKGROUND:

On May 10, 2023, the City Council approved a consulting agreement with CannaBiz Consulting Group for “Cannabis Social Equity Consulting Services” in the amount of $50,000. The major tasks of the Agreement included staff assistance services for the following tasks:
 Amend the Social Equity Assessment Report
 Improve the Social Equity Program
 Conduct Operational Workshops
 Provide technical assistance hours to CSEP grantees
 Provide assistance to City Staff
DISCUSSION/ANALYSIS:

The “Cannabis Social Equity Services” agreement with CannaBiz Consulting Group will expire October 31, 2024. The city currently has $35,000 of grant funds that can be used for technical assistance services. CannaBiz Consulting Group Agreement will qualify for grant funding under California Governor’s Office of Business and Economic Development (GO-Biz) Cannabis Equity Grant.

Accordingly, staff is recommending to extend the agreement with CannaBiz Consulting Group until October 31, 2025. Attached to this staff report is a document entitled Letter of Agreement that will include a termination date of October 31, 2025 and includes the same tasks as the 2023 agreement:

Item 11.
 Amend the Social Equity Assessment Report
 Improve the Social Equity Program
 Conduct Operational Workshops
 Provide technical assistance hours to CSEP grantees
 Provide assistance to City Staff

ALTERNATIVES:

1. Authorize the City Manager to Execute a Letter of Agreement with CannaBiz Consulting Group for the Provision of Cannabis Social Equity Consulting Services in a not-to-exceed amount of $35,000

2. Not Authorize the City Manager to Execute a Letter of Agreement with CannaBiz Consulting Group for the Provision of Cannabis Social Equity Consulting Services in a not-to-exceed amount of $35,000
FISCAL IMPACT:

The Agreement with CannaBiz Consulting Group will be paid out of existing GO-Biz Cannabis Equity Grant funding. The City was awarded $35,000 for this provision of service.

ATTACHMENTS:

1. Agreement with CannaBiz Consulting Group

2. CannaBiz Consulting Group Proposal

3. Former Agreement with CannaBiz Consulting Group

Item 11.

November 1, 2024
Christopher Martinez
CannaBiz Consulting Group
81350 Riverlane Dr.

Indio, CA 92202
Re: Letter of Agreement for “Cannabis Social Equity Consulting Services” Dear Mr. Martinez:

This letter shall be our Agreement regarding consultant services for the City of Coachella’s Cannabis Social Equity Program as described below (“Services”) to be provided by CannaBiz Consulting Group, a California limited liability company (“Contractor”) as an independent contractor to the City of Coachella for the various applications to be received by the City (“Applications”).

The Services to be provided include the following:

1. Analyze Data. Review Coachella census data and Coachella policing agency's cannabis arrest records. Analyze Social Equity programs of cities with similar demographics to identify barriers for social equity applicants and equity policies with proven success.

2. Community Outreach. Conduct workshops to educate, solicit feedback, and inform community residents of current and future social equity opportunities.

3. Generate Report. Generate a report with findings from data and community outreach to amend the existing report. The report will include recommendations on how to incorporate social equity opportunities into the current local cannabis industry and how to improve the existing social equity program.

4. Consult. Allocate 20 hours of compliance consulting to existing social equity license holders. Consulting can be utilized for compliance, improving operational efficiencies, and application renewals.

5. Workshops. Host industry workshops to instruct cannabis operators on how to compliantly manage inventory, generate sales, report waste, and other required procedures.

6. Technical Assistance. Provide ongoing assistance to city staff and CSEP participants.

This will help cannabis equity applicants and licensees acquire the knowledge and/or

Item 11.
skills necessary in order to gain entry to, and to successfully operate. One-on-one consulting and training, including direct interactions in group settings, to provide equity applicants and licensees the technical knowledge and expertise necessary to facilitate business ownership and employment in the cannabis industry.

7. The above tasks will be billed on a “time and material” basis based on the following rates:

Senior Consultant ……………....$215 per hour
Project Manager ……………......$130 per hour
Project Assistant………………… $80 per hour
Contractor shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the hourly rate of $215.00 for Contractor and support staff identified above. However, unless expressly agreed in writing in advance by the City, the cost to the City for the Services shall not exceed fifty thousand dollars ($35,000.00).

Contractor shall provide proof of commercial general liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Contractor is an employer or otherwise hires one or more employees during the term of the Projects, Contractor shall also provide proof of workers’ compensation coverage for such employees which meet all requirements of state law. Contractor shall also provide errors and omissions professional liability insurance appropriate to its profession in an amount, with conditions and for a term acceptable to the City.

Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the current billing period.

City shall review and pay the approved charges on such invoices in a timely manner. Services on the Projects shall begin as of November 1, 2024 and be completed by October 31, 2025 unless extended by the City in writing. The City may terminate this Letter of Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter of Agreement without cause before Projects completion, Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Letter of Agreement for cause only.

Item 11.

To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor’s Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.

If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records.

CITY OF COACHELLA CONTRACTOR
Approved by: Reviewed and Accepted by Contractor:

Gabriel Martin Date: Signature Date:

City Manager
Approved as to form:

Name

Carlos Campos Title
City Attorney

Item 11.

CITY OF COACHELLA

PROPOSAL
PREPARED BY:

CHRISTOPHER MARTINEZ

SENIOR CONSULTANT
[email protected]
(760) 899-8025

CANNABIS SOCIAL

EQUITY CONSULTING

Item 11.

Since 2018, CannaBiz has taken vital roles in representing cannabis clients, establishing compliant and effective operating procedures, and licensing procurement for multiple corporate cannabis facilities in Southern California. Our most recent work consisted of consulting for a retail license recipient in the City of Moreno Valley, where we provided technical assistance to license and open the business compliantly on January 6, 2023. This project and our overall experience in the industry have exposed us to a myriad of demands and responsibilities associated with managing a project from construction buildout to acquiring the necessary licenses to begin operations. We are familiar with a multitude of cannabis application programs including social equity programs throughout the State of California. Our experience has given us the ability to recognize, anticipate, and resolve potential issues to ensure the desired outcome is achieved. The range of our experience in California includes but is not limited to:

Implementation of social equity policies into cannabis licensing procedures; Oversight of cannabis social equity policy and verification processing; Oversight of social equity grant disbursement for cannabis businesses; Hosting cannabis licensing and application workshops to assist applicants; Creating a website to provide cannabis application and social equity information; Successful procurement of conditional use permits, regulatory permits, business licenses, and state cannabis operating licenses in several jurisdictions; Writing and implementing standard operating procedures in compliance with local and state regulations;
Writing and implementing security procedures in compliance with local and state regulations;
Writing and implementing track and trace procedures and waste management procedures;
Establishing compliant packaging, labeling, and marketing procedures; Establishing procedures to meet strict and extensive audit and record-keeping requirements;
Compliance oversight of cultivation, manufacturing, and distribution facilities; and Applying and obtaining state cannabis licenses.

Technical
Qualifications

Item 11.

Situation Analysis: The City of Coachella has permitted licensed cannabis operations under Proposition 215 state regulations and was the first city in the Coachella Valley to pursue policies to allow cannabis operations within the City legally. On January 1, 2018, Medical and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) became the new cannabis law of California.

Unfortunately, individuals who were disproportionately affected by the previous cannabis regulations have encountered numerous barriers of entry in their pursuit of a cannabis license under the new regulations. In the cannabis arrest report prepared by the Marijuana Arrest Research Projects and presented to the Drug Policy Alliance and the California NAACP, African Americans were arrested for cannabis offenses up to 12 times the rate of White Americans between 2008 and 2010. These types of disparities can be seen across the state to this day and are also experienced by Latinos. The disproportionate arresting of minorities by the previous marijuana laws has made it more difficult for minorities to participate in the current cannabis market. This is why the State of California has created a social equity program. Coachella has implemented a Social Equity program in an attempt to lower this barrier and has an opportunity to improve the program. Since the creation of the program, the City has licensed three social equity retailers with two currently operating. Christopher Martinez will utilize his professional experience of reviewing California Social Equity programs of various jurisdictions for Coachella and will implement his personal experience of being a social equity applicant of Los Angeles to better understand how to best engage and serve the community to improve the existing program. In order to reach our goal of lowering the barrier of entry into the cannabis industry and providing opportunities for success, we must execute on the following items:

Goals
Engage community and industry input to understand current needs Identify disparities in cannabis-related arrests through police data Identify disproportionately disadvantaged communities through census data Identify cannabis arrest hotspots with police data
Identify potentially eligible communities with the findings of the data review Improve the CSEP to better serve social equity applicants Challenges
Amending the existing CSEP analysis to be used for future GoBiz Grants Soliciting community engagement
Soliciting industry feedback
Retrieving Data related to cannabis arrests is limited
Some residents may not welcome additional cannabis businesses Providing resources for existing social equity applicants Incorporating a viable equity program into a matured local cannabis industry Work Plan
Overview

Item 11.

Deliverables
Analyze Data: Review Coachella census data and Coachella policing agency's cannabis arrest records. Analyze Social Equity programs of cities with similar demographics to identify barriers for social equity applicants and equity policies with proven success.

Community Outreach: Conduct workshops to educate, solicit feedback, and inform community residents of current and future social equity opportunities.

Consult: Allocate 20 hours of compliance consulting to existing social equity license holders.

Consulting can be utilized for compliance, improving operational efficiencies, and application renewals.

Workshop: Host industry workshops to instruct cannabis operators on how to compliantly manage inventory, generate sales, report waste, and other required procedures.

Technical Assistance: Provide ongoing assistance to city staff and CSEP participants. This will help cannabis equity applicants and licensees acquire the knowledge and/or skills necessary in order to gain entry to, and to successfully operate. One-on-one consulting and training, including direct interactions in group settings, to provide equity applicants and licensees the technical knowledge and expertise necessary to facilitate business ownership and employment in the cannabis industry.

Tactics:

Utilize census data to identify regions with high poverty and minority populations Analyze police cannabis arrest data to identify regions with higher arrest rates Utilize data findings to produce color-coded maps of Coachella showing income demographics and arrest rates
Utilize the City's listserve to conduct industry outreach with a Q & A document Hold a community workshop for community input
Provide digital outreach in English and Spanish
Provide an email account or website for Coachella residents to leave feedback Review city cannabis license data to identify current and past cannabis ownership demographics to understand current trends
Use data findings to identify additional eligibility criteria Analyze social equity programs of other cities with similar demographics to identify policies that fit Coachella
Work Deliverables
and Tactics

Item 11.

Target Audiences:

City Residents
Community Leaders
Current License Holders
City Officials
Communications:

Schedule Progress meetings: We will schedule meetings with city staff to provide updates and maintain deadlines. Up to a total of four meetings with city staff will be held.

Email Account: An email account will be set up for questions and community responses that will forward to each team member's email.

Phone Line: A phone line will be set up for direct communication with city staff and community members
Final Results:

In order to ensure the quality of the social equity program, we will utilize the work plan to get an accurate pulse of the community's needs and improve the CSEP:

Amend the Social Equity Assessment Report
Improve the Social Equity Program
Conduct Operational Workshops
Provide technical assistance hours to CSEP Licensees
Provide assistance to City Staff
The Project Manager will meet with his team members with all data and information gathered from the above strategies to begin drafting the assessment study and CSEP amendments. Our team will go through a three-stage draft. The initial draft will be produced by the project manager, and second by the project assistant. Close after, we will schedule a status meeting with city staff and request final input. Once the final input is received from city staff, the CannaBiz project team will meet to finalize the assessment amendments for approval.

Work Plan
Continued

Item 11.

Proposed Fees: CannaBiz will not exceed the 10% allotted by the state's Cannabis Equity Grant Program which equates to $35,000.00.

Social Equity Consulting:

Hourly Rates:

Senior Consultant
$215.00
Project Manager
$130.00
Project Assistant
$80.00
Referrals:

Kevin Flores, Owner
Its420Time
[email protected]
Nicolas Meza, Owner
Coachella Smoke Dispensary
[email protected]
Charles Pfeifer, CEO
CEO of We Care Cat City (Cannabis Manufacturing)
[email protected]
*Phone numbers can be provided upon request
Fees and Referrals

Item 11.
city of Coachella
cannabis EQUITY
Consulting "OUR PROPOSED SERVICES ARE INTENDED

TO GIVE COAC H ELLA T H E TOOLS NEEDED

TO CREATE A SOCIAL EQUITY PROGRAM

T H AT BRINGS DOWN T H E LICENSING

BARRIERS ENCOUNTERED BY T H OSE

ADVERSELY AFFECTED BY CANNABIS
PRO H IBITION"
We greatly appreciate the
opportunity to provide this proposal
to the City of Coachella and look
forward to your consideration.

Kindest Regards,
Christopher Martinez
Senior Consultant
CannaBiz Consulting Group

Item 11.

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STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Adopt Resolution No. 2024-56 Authorizing the City Manager to Execute and Record a Deed Restriction for the Rancho Las Flores Park Phase II Property STAFF RECOMMENDATION:

Staff recommends that the City Council considers Adopting Resolution No. 2024-56 authorizing a Deed Restriction for the Rancho Las Flores Park Phase II property that is required as a condition of the grant award for the statewide park development and community revitalization program from the state of California Department of Parks and Recreation, Office of Local Grants and Services.

BACKGROUND:

Council approval of the proposed acceptance of grant funds would authorize the City Manager to execute the grant agreement, administer the grant, and commit to a Deed Restriction for at least 30 years. During the duration of the Deed Restriction the City would be required to have park facilities operating hours consistent with the times proposed in the original application and be open to members of the public as described in the original application. Additionally, the City agrees that for the duration of the Deed Restriction the deed property shall be used only for the purposes of the grant and no other use, sale or other disposition shall be permitted except as authorized by a specific act of the legislature.

DISCUSSION/ANALYSIS:

The State of California, by and through the Department of Parks and Recreation, is requesting that the City accept and record the Deed Restriction as required by the executed Grant agreement. The Deed Restriction recognizes that the City’s General Plan identifies this site as a park and requires that the use remain consistent with the grant objective (park site) for a minimum of 30 years from the effective date of the Grant Agreement, referred therein as the contract performance period. The recordation of the Deed Restriction is required in order for the City to proceed with Drawn Down requests for funding reimbursement.

Item 12.

FISCAL IMPACT
None.

ATTACHMENTS:

Attachment 1 – Resolution No. 2024-56
Attachment 2 – Deed Restriction
Attachment 3 – Contract Agreements

Item 12.

RESOLUTION NO. 2024-56

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

CALIFORNIA ACCEPTING AND APPROVING THE RECORDATION OF A DEED

RESTRICTION WITH THE STATE OF CALIFORNIA, BY AND THROUGH THE

CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, FOR THE RANCHO

LAS FLORES PARK EXPANSION PROJECT WITH THE STATE OF CALIFORNIA, BY

AND THROUGH THE DEPARTMENT OF PARKS AND RECREATION AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DEED RESTRICTION WHEREAS, on April 17, 2023, the City Manager executed Grant Agreement No.

C9803082, for Project No. SW-33-009, with the State of California Department of Parks and Recreation for the Rancho Las Flores Park Project, effective July 1, 2020 through June 30, 21028 and
WHEREAS, the proposed project will expand Rancho Las Flores Park through the construction of new park infrastructure elements; and
WHEREAS, the State of California, by and through the Department of Parks and Recreation, is requesting that the City accept and record the Deed Restriction as required by the executed Grant agreement; and
WHEREAS, the Deed Restriction recognizes that the City’s General Plan identifies this site as a park and requires that the use remain consistent with the grant objective (park site) for a minimum of 30 years from the effective date of the Grant Agreement; and WHEREAS, the project will be completed within the Rancho Las Flores Park project area; and
WHEREAS, City staff requests acceptance and approving the recordation of the Deed Restriction; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THE CITY OF

COACHELLA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Accept and approve the recordation of a Deed Restriction with the State of California (attached as Attachment 2 to the Agenda Report), by and through the California Department of Parks and Recreation, for the Rancho Las Flores Park Project funded by the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All 2018 Parks Bond Act.

Section 2: Authorize the City Manager to execute said Deed Restriction.

Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Item 12.

PASSED and ADOPTED this 9
th day of October, 2024.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 12.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-56 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 9 th day of October
2024, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 12.
1 RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Sara Schlussler
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

DEED RESTRICTION
I. WHEREAS, the City of Coachella (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program to expand Rancho Las Flores in the City of Coachella. Construct new amphitheater, park lighting, parking lot, concrete pathways, playground, splash pad, volleyball courts, flower garden with fountain, outdoor exercise equipment with shade, public art, restroom/concession building, perimeter sidewalks/landscaping, picnic area with BBQ, dog park w/fencing and drinking fountains, trees and landscaping. on the Property; and IV. WHEREAS, on _July 1, 2021, DPR’s Office of Grants and Local Services conditionally approved Grant SW-33-009, (hereinafter referred to as “Grant”) to expand Rancho Las Flores in the City of Coachella. Construct new amphitheater, park lighting, parking lot, concrete pathways, playground, splash pad, volleyball courts, flower garden with fountain, outdoor exercise equipment with shade, public

Item 12.
2 art, restroom/concession building, perimeter sidewalks/landscaping, picnic area with BBQ, dog park w/fencing and drinking fountains, trees and landscaping. on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successorsin-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2020 through June 30, 2050.

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property.

Item 12.
3 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.

5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

Dated: ___________________, 2024
Owner(s) Name(s): City of Coachella
Signed: ________________________________ Signed: ________________________________ Dr. Gabriel D. Martin, City Manager

PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED)

Item 12.
4 **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**

Item 12.
5 ACKNOWLEDGMENT
State of California )
)
County of _____________________)
On __________________ before me, __________________________, a Notary Public, personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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STAFF REPORT
9/25/2024
TO: Planning Commission Chair and Commissioners
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Ordinance No. 1213 (Zoning Ordinance Amendment No. 22-09) 2 nd
Reading to amend Coachella Municipal Code Title 17 regarding zoning district permitted uses and development standards for the R-E, Residential Estate District, Chapter 17.12 of the Coachella Municipal Code. City-Initiated.

STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Ordinance No. 1213 to amend Coachella Municipal Code (C.M.C.) Chapter 17.12 to modify zoning district permitted uses and development standards for the Residential Estate District.

BACKGROUND:

Staff proposed amendments to Coachella Municipal Code chapters 17.11, 17.12, 17.13, 17.14,

17.15, 17.16, 17.24, 17.26, 17.28, 17.30, 17.38, 17.60, 17.70, 17.72, 17.76 and Adding Chapter

17.21 to modernize the Coachella Municipal Code, allow greater flexibility in development standards, improve aesthetics of residential neighborhoods and commercial centers, streamline the development review process, and establish performance standards for energy efficiency and heat island reduction. The Planning Commission recommended approval to the City Council of amendments to Chapter 17.12 only as Ordinance No. 1213 and requested that the amendments to the other Chapters be studied further in a Planning Commission study session.

DISCUSSION/ANALYSIS:

Planning staff prepared the following code amendments to the Coachella Municipal Code Chapter

17.12 to update the Residential Estate District to ensure agricultural uses are not considered a nonconforming use and allow for lodging uses that are consistent with the agricultural character of many properties that would be zoned Residential Estate. Lodging uses would require that agricultural production is maintained on-site consistent with the standards of the new Riverside County Rancho Ordinance including the preservation of date palms that are iconic representations of the City of Coachella and celebrate the City’s unique agricultural heritage. The modifications to the R-E zone are outlined below.

Item 13.

R-E Residential Estate Chapter 17.12
 Agricultural Uses. Add existing commercial agricultural activity as a permitted use.  Lodging. Permit bed and breakfast, hotel and resort in an agricultural setting subject to a CUP approval where forty percent (40%) of the property utilized for agricultural crops with twenty percent (20%) planted with date palms. Associated tourist-related uses such as conference facilities, gift shops, wellness spas, and recreational facilities may be approved with the CUP. (R-E zone only)
 Perimeter Landscape Setback. Established a 10-foot minimum perimeter landscape setback for residential developments and an average 20-foot perimeter landscape setback. This is a common setback for Coachella Valley cities. A shade standard of 30 percent of landscape area is required. (R-R Chapter 17.11, R-E Chapter 17.12, S-N, G-N zones only)  Animal Services. Allow for pens and other shelter for domestic, noncommercial animals and pets, including specialty animal care and animal services as standalone uses with a Conditional Use Permit. This is a text change requested by the operators of the Loving All Animals establishment.

ALTERNATIVES:
1) Adopt Ordinance No. 1213 (2nd Reading) to amend Coachella Municipal Code chapter

17.12 to amend zoning district permitted uses and development standards. 2) Continue this item and provide staff with direction. 3) Take no action.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1.

Attachments:

1. Ordinance No. 1213 (2nd Reading) ZOA No. 22-09 Phase 1 Streamline Code Amendments
Exhibit A – Amendments to Code Chapter 17.12

Item 13.

ORDINANCE NO. 1213

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA, AMENDING
COACHELLA MUNICIPAL CODE TITLE 17, ZONING,
AMENDING CHAPTER 17.12 RESIDENTIAL ESTATE

ZONING DISTRICT PERMITTED USES, DEVELOPMENT
STANDARDS AND DEVELOPMENT REVIEW PROCESS.

ZONING ORDINANCE AMENDMENT NO. 22-09. CITYINITIATED
WHEREAS, pursuant to the authority granted to the City of Coachella (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and, WHEREAS, the proposed Ordinance would amend Title 17 (Zoning) to streamline the development review process, create more flexibility in development standards, and implement the General Plan.

WHEREAS, based on that analysis, the City Council finds that the Objective Design Standards are exempt from further review of the California Environmental Quality Act (CEQA) because it is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment and is not a "project" as defined by section 15378 pursuant to State CEQA Guidelines 15060(c)(2 and 3) and 15061(b)(3). The Ordinance will not result in any increase in the intensity or density of any land use above what is currently allowed in the Coachella General Plan 2035 and the Zoning Ordinance.

WHEREAS, on September 4, 2024 the Planning Commission held a duly noticed public hearing to review the project at which time during the hearing members of the public were given an opportunity to testify regarding the Project; and
WHEREAS, after said public hearing, the Planning Commission recommended that the City Council approve this Ordinance.

WHEREAS, on September 25, 2024 the City Council held a duly noticed public hearing to review the project at which time during the hearing members of the public were given an opportunity to testify regarding the Project; and

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

SECTION 1. Incorporation of Recitals. The City Council of the City of Coachella, California, hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

Item 13.

SECTION 2. Amendment to Municipal Code Title 17, Zoning, is hereby amended as identified in Phase 1 Streamline Code Amendments Exhibit A.

SECTION 3. CEQA Analysis. The Planning Division prepared an environmental assessment for the proposed zoning ordinance amendment and based on that analysis the City Council finds that the Phase 1 Streamline Code Amendments are exempt from further review of the California Environmental Quality Act (CEQA) because it is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment and is not a "project" as defined by section 15378 pursuant to State CEQA Guidelines 15060(c)(2 and 3) and 15061(b)(3). The Ordinance will not result in any increase in the intensity or density of any land use above what is currently allowed in the Coachella General Plan 2035 and the Zoning Ordinance.

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

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

Item 13.

PASSED, APPROVED, AND ADOPTED this 9th of October, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of Coachella
ATTEST:
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
___________________________________
Carlos Campos, Best Best & Krieger LLP
City Attorney

Item 13.

Title 17 - ZONING
Chapter 17.12 R-E RESIDENTIAL ESTATE ZONE
Coachella, California, Code of Ordinances Created: 2024-06-26 08:27:36 [EST] (Supp. No. 26)

Chapter 17.12 R-E RESIDENTIAL ESTATE ZONE1

17.12.010 Intent and purpose.

This zone is intended to provide for the establishment of residential areas which are to be developed at low density and with reasonable and adequate limitations, safeguards, and controls for the keeping and maintenance of horses in those areas of the city where noncommercial equestrian activities may be an integral part of the neighborhood amenities. This zone implements the Estate Rancho land use designation in the General Plan. (Prior code § 025.01)
(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.12.020 Permitted uses.

The following uses are permitted in the R-E (Residential Estate) zone subject to all provisions of this chapter.

A. Primary Uses.

1. Dwellings, single-family detached. No more than one such dwelling shall be permitted on one lot regardless of the size of the lot.

2. Public and private parks.

3. Public Utility Facilities (City-initiated).

4. Existing commercial agricultural activity consistent with California Civil Code “Right to Farm Act.” B. Accessory Uses. The following buildings, structures, and uses are permitted when clearly incidental and accessory to the primary permitted use.

1. Accessory dwelling units and Junior accessory dwelling units, per Section 17.60.010.H. (Accessory Dwelling Units).

2. Accessory structures, non-habitable, including private garages or carports, garden greenhouses, recreation rooms, pool bathhouses, or private stables and swimming pools.

3. Keeping of horses with the following specifications:
a. Minimum Lot Area. Twenty thousand (20,000) square feet. b. Minimum Lot Area Per Horse. Five thousand (5,000) square feet. c. No stable, shelter or corral shall be located within thirty-five (35) feet of any dwelling or other building used for human habitation.

1 Editor's note(s)—Ord. No. 1204, § 3(Exh. A.1), adopted July 26, 2023, repealed Ch. 17.12, §§ 17.12.010—

17.12.030 and renumbered Ch. 17.14, §§ 17.14.010—17.14.030 as Ch. 17.12, §§ 17.12.010—17.12.030 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Former Ch. 17.12, pertained to the A-T Agricultural Transition Zone and derived from Prior code §§ 020.01— 020.03; Ord. No. 1171, § 6, adopted Aug. 25, 2021.

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Created: 2024-06-26 08:27:36 [EST]
(Supp. No. 26)

d. Horses are kept or maintained for the private use of the family residing on the premises, except that a maximum of two horses owned by residents in the neighborhood may be boarded.

4. Parking facilities, such as cars, trucks, and vehicles owned by persons residing on the premises.

5. Home occupations, subject to the provisions of Section 17.58.010.

6. Pens and other shelter for domestic, noncommercial animals and pets. Such shelter shall not be nearer than thirty-five (35) feet from any building used for human habitation.

7. Permitted Signs. Only the following signs shall be permitted:
a. One unlighted identification sign not to exceed eight square feet in area. b. One unlighted sign pertaining to the rental, sale or lease of the premises, not to exceed twelve (12) square feet in area. Such sign shall be located not less than ten (10) feet from any property line.

8. The growing of field crops, trees, vegetables, fruits, berries and nursery stock, including wholesaling of crops produced upon the premises.

9. Restaurant as an accessory use associated with growing of field crops, trees, vegetables, fruits, berries and farm stands.

C. Conditional Uses. The following uses may be permitted in the RE zone, subject to obtaining a conditional use permit as specified in Section 17.74.010.

1. Clubs and lodges, private, nonprofit when site fronting on an arterial street.

2. Public and private golf courses.

3. School, private, nonprofit.

4. Farm stands.

5. Bed and Breakfast

6. Hotel and Resort in accordance with a master plan where forty percent (40%) of the property utilized for agricultural crops with twenty percent (20%) planted with date palms.

7. Pens and other shelter for domestic, noncommercial animals and pets, including specialty animal care and animal services. Such shelter shall not be nearer than thirty-five (35) feet from any building used for human habitation.

D. Tourist-Related Uses. The following uses are permitted only where integrated with and clearly incidental to a resort use approved through a conditional use permit.

1. Those uses which can be shown to make up a resort experience, which may include, but are not necessarily limited to conference and convention facilities, recreational facilities, restaurants, bar and cocktail lounge, wellness spa, gift shops, country clubs and golf courses and community event facilities including, but not limited to primarily outdoor events including anniversary, celebrations, ceremony, wedding ceremony and/or receptions, birthday, quincenera, sweetsixteen event, baby shower, holiday party, graduation, fundraiser for a charitable non-profit organization or farm-to-table event.
(Prior code § 025.02; Ord. No. 1171, § 7, 8-25-21)
(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

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Created: 2024-06-26 08:27:36 [EST]
(Supp. No. 26)

17.12.030 Property development standards.

The following standards of development shall apply in the R-E (Residential Estate) Zone:

A. Residential Density.

1. Minimum Density. One dwelling unit/acre.

2. Maximum Density. 2.2 dwelling unit/acre.

B. Lot Requirements.

1. Minimum Lot Area. Twenty thousand (20,000) square feet.

2. Minimum Lot Width. One hundred (100) feet.

3. Minimum Lot Depth. One hundred (100) feet.

C. Yard Requirements.

1. Building Setback. A building setback of not less than sixty (60) feet from the center line of any street, public or private, or not less than twenty (20) feet from the established street line of any street shall be maintained.

2. Side Yard. Each lot shall have side yards of at least twenty (20) feet in width.

3. Rear Yard. Each lot shall have a rear yard of at least twenty-five (25) feet.

D. Height Limits.

1. The maximum height of the primary structure shall be two-and-one-half stories or thirty-five (35) feet, whichever is less.

2. The maximum height of accessory buildings or structures shall be seventeen (17) feet except that the maximum height of accessory buildings or structures incidental to agricultural pursuits as permitted in Section 17.10.020 shall be equal to one-half the distance of such building or structure from any property line.

3. The maximum height of accessory dwelling units shall be per Section 17.60.010.H. (Accessory Dwelling Units).

E. Off-Street Parking. Off-street parking shall be provided for, subject to the requirement of Section

17.54.010 of this title.

F. Landscape setback. The minimum perimeter landscape setback for projects without building frontages along perimeter streets shall equal at minimum 10 feet at any point and have an average perimeter landscape setback of 20 foot for the entire frontage. Shade tree plantings shall be installed to provide shade of 30 percent of landscape area within 10 years. Shade structures with cool roofing materials may be permitted in whole or in part in lieu of shade tree plantings.

G. Architectural Review. All development in the R-E (Residential Estate) Zone, is subject to architectural review as set forth in Section 17.72.010 of this title.

1. Mobilehomes are subject to the architectural review process as set forth in Section 17.72.010 of this title.

2. All mobilehomes subject to this review process shall be certified under the National Mobilehome Construction and Safety Act of 1974; and permanent foundations shall be approved by the building official; and roof material, roof overhang and exterior finish materials shall be the same as typically used on conventional single-family structures.

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(Supp. No. 26)

3. All mobilehomes shall be compatible with surrounding development.

4. All mobilehomes subject to the same development standards that apply to a conventional singlefamily dwelling. (Prior code § 025.03)
(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

Item 13.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director -and- Celina Jimenez, Director of Economic Development
SUBJECT: Approve a Professional Services Agreement between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for Fiscal Year 2024-2025 in the Amount of $82,500
STAFF RECOMMENDATION:

Staff recommends that the City Council consider approving a Professional Services Agreement between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for fiscal year 2024-2025 in the amount of $82,500.

EXECUTIVE SUMMARY:

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

The budget and the services identified in the attached professional services agreement total $82,500. The services described in the proposed 2024/2025 Agreement include the following services and final costs to the City after any available revenues are deducted per service/event:
 Visitor Center ($41,000)
- Staffed Tuesday-Friday, 9:00 am – 4:00 pm; Visitor Center is responsible for marketing the City of Coachella to guests and visitors at the center. Services include local directory, city and relocation information, and general business related guidance.

Item 14.
 Business Support Services ($6,000)
- Support updates to Chamber materials and resources to include Spanish business resources and education.
- Support Industry Roundtable meetings hosted at the Chamber for local industry and business development.
- The introduction of business education conducted in Spanish.  Shop Local Initiative ($8,000)
- Chamber will create a branded Shop Local campaign that provides education and resources for local residents as well as local businesses; includes various campaign opportunities and strategies.
 State of the City/Business Awards ($12,000)
- Chamber will organize and manage: Business Expo; ticket sales/sponsors, and business awards.
 Holiday Parade ($500)
- Provide drivers for dignitary cars.
 Coachella Tacos, Tequila, and Chavelas Festival ($15,000) - Provide stipend and monetary prizes to participating businesses. Provide and staff ticketing for both presale and door entry tickets.

FISCAL IMPACT:

The recommended action will not have a fiscal impact as these funds were allocated in the adopted FY 2024/2025 budget.

ATTACHMENT(S):

1. 2024/2025 Professional Services Agreement

Item 14.
-1- PROFESSIONAL SERVICES AGREEMENT

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, County of Riverside, State of California ("City") and THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE, a CORPORATION, with its principal place of business at 45149 SMURR STREET, SUITE A, INDIO, CA 92201 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional services for the BUSINESS AND SPECIAL EVENT SUPPORT SERVICES project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional BUSINESS SUPPORT consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" and Exhibit “B” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
a. The Chamber shall a. Proactively represent the City of Coachella to potential business and industry which will add to the tax base of the City. b. Encourage tourist interest in Coachella and promote tourism through the Visitor Center with destination visitors and local residents. The Chamber will provide visitor information

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services for the benefit of its residents as well as all business, retail, restaurant, hotel and other related establishments.
c. Establish, coordinate and operate various "Business Services and Events, Tourism and Cultural Activities" including business development, Tourism Events, and Cultural Celebrations as described in Exhibit "A", attached hereto and incorporated herein by this reference. d. Provide quarterly reports to the City Council on economic development and Chamber activities

3.2 Purpose
a. The purpose of this agreement is to enter into a partnership between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for the purpose of undertaking the planning and implementation of economic development, marketing and business development services and providing assistance to retain business and generally strengthen and expand the business climate and economic opportunities in the City of Coachella.
b. The City will provide such assistance and guidance as may be required to support the objective set forth in this Agreement and will provide the funding and in-kind services for the services and activities set forth in this agreement. c. The Chamber will provide professional and qualified staff and volunteers that will work to disseminate appropriate information to existing and prospective businesses and community members and operate within agreed upon hours.

3.2.1 Term. The term of this Agreement shall be from JULY 1, 2024 to JUNE 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.3 Compensation.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGHTY TWO THOUSAND FIVE HUNDRED DOLLARS ($82,500) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The

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making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

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

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

3.4 Responsibilities of Consultant.

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

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.4.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.4.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:

BRANDON MARLEY, PRESIDENT + CEO.

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-4- PROFESSIONAL SERVICES AGREEMENT

3.4.5 City's Representative. The City hereby designates DR. GABRIEL D.

MARTIN, CITY MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.4.6 Consultant's Representative. Consultant hereby designates BRANDON MARLEY, PRESIDENT + CEO, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.4.9 Period of Performance.

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

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Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.4.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.4.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.4.10 Laws and Regulations; Employee/Labor Certification.

3.4.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.4.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.4.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business

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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.4.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.4.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.4.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.4.11 Insurance.

3.4.11.1 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.

3.4.11.2 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.

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(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. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.4.11.3 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. (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.

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(C) Professional Liability (Errors & Omissions): (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) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) 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.

3.4.11.4 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.

3.4.11.5 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.

3.4.11.6 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.

3.4.11.7 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.

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3.4.11.8 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 through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.4.11.9 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.

3.4.11.10 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.

3.4.11.11 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.

3.4.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional

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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 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.

3.5 Labor Code Requirements.

3.5.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 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.

3.5.2 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.

3.5.3 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

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or any subconsultant.

3.5.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for 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.

3.6 Termination of Agreement.

3.6.1.1 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.

3.6.1.2 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.

3.6.1.3 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.

3.7 Indemnification.

3.7.1 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.

3.7.2 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

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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 Consultant’s proportionate percentage of fault.

3.8 General Provisions.

3.8.1 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.

3.8.2 Independent Contractors and Subcontracting.

3.8.2.1 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.

3.8.2.2 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.

3.8.3 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: THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE 45149 Smurr Street
Indio, CA 92201
ATTN: Brandon Marley, President + CEO
City: CITY OF COACHELLA
53990 Enterprise Way
Coachella, CA 92236
ATTN: Dr. Gabriel D. Martin, City Manager

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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.8.4 Ownership of Materials and Confidentiality.

3.8.4.1 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.

3.8.4.2 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.

3.8.4.3 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

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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.

3.8.4.4 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.

3.8.4.5 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.

3.8.4.6 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.

3.8.5 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.

3.8.6 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.

3.8.7 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

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reasonable attorneys’ fees and all costs of such action.

3.8.8 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 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.

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

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

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

3.8.12 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.

3.8.13 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.

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

3.8.15 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.

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

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

3.8.18 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.

3.8.19 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.

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

3.8.21 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. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COACHELLA AND

THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
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 THE GREATER COACHELLA VALLEY

CHAMBER OF COMMERCE
By:

Its: President and CEO
Printed Name: Brandon Marley
Approved By:

GABRIEL D. MARTIN, PHD

CITY MANAGER
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
_______________________________
City Clerk

Item 14.

Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
Business Services, Events, Cultural Activities, and Tourism [BUSINESS SERVICES]
 The GCVCC shall be a business advocate by promoting the economic interests of the City through advocacy and business marketing.
 Visitor Center - Direct, staff and run the City's Visitor Center. Hours of operation are Tuesday through Friday, 9:00 AM to 4:00 PM. Closed for lunch 12:00 PM to 1:00 PM.

Additionally, anytime the Visitor Center office is going to be closed or unstaffed, the GVCC must notify the Director of Economic Development via email message at least 24 hours in advance, if possible.
 Business Referral Network- The Chamber will continue to maintain a database of its member businesses in the City of Coachella, and expand upon it by engaging outreach to non-member and member businesses alike to regularly acquire contact information for local businesses.
 Provide information about Economic Development opportunities, programs and resources.  Housing Information - Supply and make on hand information from the City and local property management companies information regarding local housing.  Business License Information - Supply and make on hand information from the City regarding acquiring business license.
 Public Outreach - Supply and make on hand information from the City regarding General Plan, City Business Initiatives/Programs.
 Digital Campaigns - Support Local Restaurant, Hospitality or Other Relevant Business, to include social media and other digital platforms.
[EVENTS]
 Coachella State of the City and Business Awards Gala - Plan, Market and Execute event on behalf of the City. City will offer input and guidance on event agenda, working in cooperation with the Mayor of Coachella. Chamber will provide stage platform with shade tent. Chamber will retain operational control, including purchasing decisions, price points and revenues.  Support the City's Holiday Christmas Parade -Assist City staff with sourcing twelve (12) drivers for the Annual Holiday Parade.
 Tacos and Tequila Festival - Plan, cross-promote, and execute the event. The Chamber and City will collaboratively agree on admission pricing. The City may reduce admission pricing to the public if it is agreeable to subsidizing the difference. The Chamber will coordinate ten to twelve (10-12) vendors, prize money, permits, insurance, ticketing, security, facilitate judging process and county health permits. Chamber retains all revenue from ticket and group (sponsorship) sales with the ability to set admission rates.

Item 14.

Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT
[CULTURAL ACTIVITIES]
 Promote the City's Movies in the Park Program - Utilize marketing avenues to raise public awareness.
 Promote the City's Day of the Young Child Event - Utilize marketing avenues to raise public awareness.
 Promote the Run with Los Muertos Event - Utilize marketing avenues to raise public awareness.
[TOURISM]
 Work with City to develop and propose new Tourism events  Support the City's Tourism Outreach for local events and businesses through the Visitor Center and marketing outlets.
 Support the City's Mexicali Sister City Agreement
*City shall provide financial support and/or in-kind services for all special events from entities such as Fire, Police, and Public Works, City Streets and Parks where applicable.

Item 14.

Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

SCHEDULE OF SERVICES
[VISITOR CENTER]
The GCVCC will staff a full-service Visitor Center for residents and non-residents looking to connect with City of Coachella businesses. The Visitor Center is a resource hub for referrals to local businesses, community events, opportunities, City services, Consulate services, and Chamber resources.

Deliverables
 The Visitor Center is accessible in person or by phone accommodating English and Spanish speaking population.
 The Visitor Center will be staffed Tuesday - Friday, 9 AM – 4:00 PM. Offices may be closed on the few occasions that the Chamber is hosting a special event and daily for lunch from 12:00 PM – 1:00 PM. Additionally, anytime the Visitor Center office is going to be closed or unstaffed, the GVCC must notify the Director of Economic Development via email message at least 24 hours in advance, if possible.  GCVCC will respond to visitor inquiries (phone calls, emails, and social media queries) within a reasonable amount of time, no later than 48 hours business hours after the initial inquiry.
 GCVCC will use the Visitor Center to promote City news and to disseminate favorable information about the City promoting its qualities, advantages, and opportunities.  GCVCC will maintain an inventory of brochures, maps, and handouts as resource guides to walk in traffic. Additionally, local businesses will be able to advertise their businesses by displaying information at the visitor's center.
 The Visitor Center will connect local workforce and aspiring entrepreneurs with information on professional resources, education, and services.  Newly hired GCVCC Staff will complete Team GPS training in effort to ensure that all staff is knowledgeable and trained as professional brand ambassadors  Community Volunteers will be recruited & professionally trained to be knowledgeable ambassadors of Coachella resources. These volunteers may serve to represent the tourism office at its physical location.

Rate: $41,000
[BUSINESS SUPPORT SERVICES]
The GCVCC will host and produce resources to support entrepreneurial interests, professional development and development for business, workforce and industry. The Chamber will serve the local business community by producing resources, listening sessions, workshops, education, and networking/marketing opportunities. As the City's go-to resource for all things business, the Chamber will act as an extension of the City's Economic Development team. And, will further plan, coordinate, and foster regular and ongoing business engagement with the local business community through site visits, “connection” calls, business surveying, resource guides, and strategic communications.

Item 14.

Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT
Deliverables
 The Chamber shall have an onsite business support center providing informational resources of particular interest to the business community, is open during the following hours of operation: Tuesday - Friday, 9 AM – 4:00 PM. Offices may be closed on the few occasions that the Chamber is hosting a special event and daily for lunch 12:00 PM – 1:00 PM. Additionally, anytime the Visitor Center office is going to be closed or unstaffed, the GVCC must notify the Director of Economic Development via email message at least 24 hours in advance, if possible.
 The Chamber will also provide digital resources and make them available when applicable.
 The Chamber shall respond to all requests and/or referrals regarding new or existing business that require assistance. All queries will be responded to within 48 business hours.
 The Chamber shall make outreach to new businesses who have begun to do business in the City of Coachella (if/as the City provides a list of newly licensed businesses) monthly.
 The Chamber shall act as liaison of the city with other business groups (e.g. the Small Business Development Corporation, SCORE, the Coachella Valley Enterprise Zone, etc.)
 The Chamber will offer a business education series in person or via zoom in both English and Spanish. This includes introduction to doing business in Coachella.  The Chamber shall provide assistance, direction, and resources to new and existing businesses as requested.
 The Chamber will organize monthly business walks in partnership with the City to facilitate on-going communication and relationship building among our business community. City walk data to be captured and shared with the City for trends, insights, and business feedback.
 The Chamber will host periodic surveys and outreach to niche industry offering data sharing insights to the City staff.
 Support updates to Chamber materials and resources to include Spanish business resources and education
 Support Industry Roundtable meetings hosted at the Chamber for local industry and business development. This includes the convening of CBO's for improved coordination and deployment of services through the City of Coachella.

Rate: $6,000
[SHOP LOCAL INITIATIVE]
The GCVCC will create a branded Shop Local campaign that provides education and resources for local residents as well as local businesses; includes strategic, paid advertising plans; and creates an opportunity for seasonal or annual campaigns.

Deliverables:
 The Chamber will work with City Economic Development Director on this project and present a plan within allocated budget.

Rate: $ 8,000

Item 14.

Exhibit “B”-3 PROFESSIONAL SERVICES AGREEMENT

SPECIAL EVENTS
[STATE OF THE CITY EVENT]
The Greater Coachella Valley Chamber of Commerce has historically produced an annual State of the City event with sponsorship from the City of Coachella. As the format, festivity and production of special events continues to evolve, the Chamber aims to offer the City of Coachella a basic event package with upgrade opportunities to enhance the event's design.

Event planning will include:
 Pre-arranged check in meetings
 Enhancement/Upgrade Options
 Potential rate adjustments due to inflation
Base Package Includes:
 Event Planning, Coordination, & Day of Event Production  Vendor Coordination & Management
 Graphic Design & Invitation Design (does not include printed invitations)  Standard Marketing through Chamber Network
 Invitation & Registration Management
 Breakfast or Luncheon Event
 Business Awards
 Basic Stage Design (podium, microphone, flag display, & foliage) The base package does not include printed invitations. Standard marketing efforts through the Chambers’ network is limited to-blasts, calendar invitations, web listings, and social media sharing. The base package accounts for a morning or mid-day event featuring a breakfast or lunch component. It does not include dinner events or upgraded menus above market price banquet menus. Stage design is limited to a podium, microphone, flag display, and foliage. The base package may be further customized with additions or upgrades to the City's liking. Upgrades, additions, or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued.

Such upgrades, additions and/or enhancements may include (but are not limited to): AV enhancement, special arrangements for outdoor accommodations, upgraded dining, and paid advertising.

Rate: $12,000

Item 14.

Exhibit “B”-4 PROFESSIONAL SERVICES AGREEMENT
[TACOS, TEQUILA, & CHAVELAS EVENT]
The Chamber will plan, coordinate, market and execute this special event designed to help entrepreneurs and small business operators connect with the local community. The event will provide participating restaurants/caterers with tools to help them market themselves and to connect local residents with these local businesses.

Deliverables:
 The Chamber will secure local food vendors' participation with a stipend of $500 - $750 for participants providing food samples.
 The Chamber will market and promote the event using its internal and digital marketing resources.
 The Chamber will provide up to $6,000 in total prizes to the top three winners  The Chamber will provide ticketing and registration infrastructure  The Chamber will plan, coordinate and oversee the day of execution of the event with the partnership and support of City staff. Specifically, the Chamber will take primary responsibility for vendors, prize money, permits, insurance, ticketing, security, and facilitating county health permits. Chamber retains all revenue from ticket and any business sponsorships.
 Note, increase in overall rate is to lower entry ticket price from $25/$30 (without and with drink) to $20 per attendee. This is to create a more affordable way for attendees to enjoy and experience the evet and local businesses.

Rate: $15,000
[ANNUAL HOLIDAY PARADE]
The Chamber will help support this City event by providing twelve (12) volunteer drivers and general promotion and marketing of the event.

Deliverables:
 The Chamber will help support this City event by providing twelve (12) volunteer drivers for the parade, to accommodate City Council and staff.

Rate: $500
[REPORTS AND INFORMATION]
The Chamber shall at such time and in such form as the City may require, furnish the City periodic reports, including an accounting for the expenditures of the City funds, as it may request pertaining to the services rendered pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, or for any other matters covered by this agreement.

Item 14.

Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"

COMPENSATION AND RATES OF SERVICES
Visitor Center.............................................................................................$41,000 Business Support Services ........................................................................$6,000 Shop Local Initiative...................................................................................$8,000 State of the City/Business Awards .............................................................$12,000 Holiday Parade ..........................................................................................$500 Tacos, Tequilas & Chavelas Festival .........................................................$15,000 TOTAL .......................................................................................................$82,500 As consideration for the services provided, the City will compensate the Chamber the sum of $20,625 on a quarterly basis (disbursed in August 2024, November 2024, February 2025, May 2025), for a total amount of $82,500.

Item 14.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Approve plans and authorize staff to bid and authorize appropriation of $3,000,000 from General Fund for the Avenue 52 Pavement Rehabilitation Project, City Project Number ST-139
STAFF RECOMMENDATION:
o Approve plans and engineer’s estimate and authorize staff to bid the Avenue 52 Pavement Rehabilitation Project;
o Authorize appropriations from General Fund in an amount of $3,000,000 for the Avenue 52 Pavement Rehabilitation Project, City Project Number ST-139.

BACKGROUND:

In November 2023, a citywide pavement condition evaluation was conducted and a pavement condition database was created. Both public and internal Street network GIS maps were implemented and a Final Pavement Management Report was adopted by the City Council. The results of these efforts show that the average Pavement Condition Index (PCI) of the City’s roads is 63.4 out of 100, corresponding to a “Fair” condition rating. The 10-year investment scenario forecasting analyses suggest that the City would need to invest an average of $4.6 million annually to maintain a network average PCI of 63.4.

This report includes details about the methodology used for pavement evaluations, pavement management system implementation details, and the results of six 10-year investment scenario forecasting analyses that the City can use to prepare informed pavement maintenance and rehabilitation projects.

DISCUSSION/ANALYSIS:

Based on the pavement management system, the section of Avenue 52 from Tyler Street to the Whitewater Bridge has PCI ratings that range from 6-55 that correspond to very poor, serious and failed conditions. Due to the extent of deterioration the rehabilitation project will require a full depth removal and replacement. This proposed project includes the full depth removal and replacement of asphalt pavement on Avenue 52 from Tyler Street to the Whitewater Bridge as well

Item 15.
as replacement of damaged and failing concrete improvements and installation of missing gap sidewalk. Construction items include but are not limited to:
 280,000 Square Feet of full depth replacement asphalt  2,050 Linear Feet of rehabilitated curb and gutter
 2,123 Linear Feet of new 6 foot wide sidewalk
 767 linear feet of retaining curb
 4 new ADA compliant commercial driveways
 Replacement of failing concrete cross gutters
 Adjustment and repair of all utility manholes as needed.

The total estimated cost for the above items including all ancillary construction items and including surveying, construction management and contingency fees is three million dollars ($3,000,000) Contingent upon approval to advertise and appropriation of funds the project will be put out to bid in the fall of 2024. The entire project would be brought back to City Council for the award of the construction contract and approval of a final budget based on the lowest responsive bid price.

Based on the above schedule, it is anticipated that the full construction could be completed during the winter season of 2025.

FISCAL IMPACT:

The project is currently not included in the Capital Improvement Program (CIP) Budget. With this action, Council would be appropriating $3,000,000 from General Fund.

ATTACHMENTS:

1. Vicinity Map

2. Plans

Item 15.

Vicinity Map

Item 15.

Item 15.

Item 15.

Item 15.

Item 15.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Adopt Resolution No. 2024-33 Allocating $500,000 in American Rescue Plan Act (ARPA) Funds toward the Coachella Home Enhancement Program (HEP) and Authorizing the City Manager to Enter into an Agreement with the County of Riverside Housing and Workforce Solutions to Administer the HEP Program STAFF RECOMMENDATION:

Staff recommends that the City Council consider adopting Resolution No. 2024-33 allocating $500,000 in American Rescue Plan Act (ARPA) Funds toward the Coachella Home Enhancement Program (HEP) and authorizing the City Manager to enter into an agreement with the County of Riverside Housing and Workforce Solutions to administer the HEP program.

BACKGROUND:

The American Rescue Plan Act of 2021 (ARPA) established the Coronavirus State and Local Fiscal Recovery Funds under sections 602 and 603 of the Social Security Act to help states and localities address the economic and health consequences of the COVID-19 pandemic. The Coronavirus Local Fiscal Recovery Fund (Fund) provides for payments to non-entitlement units of local government (NEUs), which are local governments typically serving a population under 50,000. The City Council adopted a resolution on July 21, 2021, accepting its ARPA allocation $10,942,698.

DISCUSSION/ANALYSIS:

Allocating the $500,000 in ARPA funds to the Coachella Home Enhancement Program. (HEP) will augment the CDBG-funded HEP Program by increasing the number of households served.

Based on the maximum allowable grant amount of up to $50,000, approximately ten (10) additional residential structures will be rehabilitated with ARPA funds. The HEP provides grants to rehabilitate stick-built and manufactured or modular homes, and owner-occupied single-family residences in the City of Coachella. HEP grants are only used to assist low-income, qualified homeowners with exterior repairs. The $50,000 maximum grant amount will allow for weatherization repairs, including roof replacement on smaller residential dwellings. The eligible repairs are limited to those necessary for the health and safety of the occupants and other items necessary to bring the property into code compliance. The term of the ARPA funding for the

Item 16.
implementation of the HEP is for the period of one (1) year from July 1, 2024 to termination on June 30, 2025.

Eligible Repairs
In order to ensure that the goals of the HEP are met, the following list of specific priorities has been established to serve as a guide for the personnel assigned to the program. It should be noted that the items listed are not meant to exclude other improvements:
1) Health and Safety Issues/Systems
2) Exterior Improvements
3) Energy Efficiency Measures (i.e. doors, windows, weatherization, etc.) 4) Address repairs needed for residential homes that are “deteriorated/deteriorating” Note: Certain improvements are subject to specific requirements and limitations.

Exterior Repairs:
▪ Minor Roof Repair / Roof Replacement (if necessary)
▪ Replacement of broken or missing windows and doors (energy efficiency) ▪ Repair or replace damaged and falling fencing (equivalent to existing fencing material) ▪ Exterior paint and other improvements
▪ Exterior Paint walls and trim
▪ Repair or replace flashing and guttering
▪ Repair or replace porches and steps
▪ Repair exterior foundation walls
▪ Removal of aging, dangerous trees and/or hedges (to be considered for this service, the homeowner will be required to install a water-smart landscape, gardening, and/or vegetation upon project completion).

ALTERNATIVES:

1. Adopt Resolution No. 2024-33 Allocating $500,000 in American Rescue Plan Act (ARPA) Funds toward the Coachella Home Enhancement Program (HEP) and authorizing the City Manager to enter into an agreement with the County of Riverside Housing and Workforce Solutions to administer the HEP program.

2. Not Adopt Resolution No. 2024-33 Allocating $500,000 in American Rescue Plan Act (ARPA) Funds toward the Coachella Home Enhancement Program (HEP) and authorizing the City Manager to enter into an agreement with the County of Riverside Housing and Workforce Solutions to administer the HEP program.

FISCAL IMPACT:

The City is using $500,000 of allocated ARPA funds to implement this program.

Item 16.

ATTACHMENTS:

1. Resolution No. 2024-33

2. Subrecipient Agreement

Item 16.

RESOLUTION NO. 2024-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA ADOPTING RESOLUTION NO. 2024-33 TO ALLOCATE

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE USE OF
FISCAL YEAR 2024-2025 IN THE AMOUNT OF $500,000 FOR THE CITY

OF COACHELLA HOME ENHANCEMENT PROGRAM (HEP) AND

AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT

WITH THE COUNTY OF RIVERSIDE HOUSING AND WORKFORCE

SOLUTIONS TO ADMINISTER THE HEP PROGRAM
WHEREAS, the City, as a recipient of the American Rescue Plan Act funds (ARPA), may contract with subrecipients for the furnishing of such services for the City or any Department thereof; and
WHEREAS, since its emergence in early 2020, the COVID-19 pandemic has negatively impacted public health and the economy on a global scale, throughout the nation, and in the City of Coachella; and
WHEREAS, the pandemic both caused and magnified negative impacts on residents of the City, particularly low- and moderate-income families, regarding public health, food and housing insecurity, childcare, among other areas; and
WHEREAS, although as of June 15, 2021 the State substantially lifted public health orders that had been in place limiting certain activities to mitigate the spread of COVID-19, the pandemic continues to pose risks to public health and the need to respond to those risks and to recover from the negative public health and economic impacts of the pandemic continues, in particular due to the recent surge in COVID-19 cases resulting from the highly contagious Omicron BA.4 and BA.5 variant; and
WHEREAS, City Staff has confirmed that the Home Enhancement Program qualifies for ARPA funding under the general Federal Guidelines; and
WHEREAS, the County or Riverside and City of Coachella executed a Cooperation Agreement, dated July 1, 2021, whereby the City elected to participate with the County, which has qualified as an “Urban County” for purposes of receiving a Community Development Block Grant (CDBG), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974; and WHEREAS, through this agreement, the City agreed to undertake and assist with the community development activities within its jurisdiction, by utilizing CDBG Entitlement Funds for its City of Coachella Home Enhancement Program; and

Item 16.

WHEREAS, the term of the Subrecipient Agreement for the implementation of the City of Coachella Home Enhancement Program is for the period of one (1) year from July 1, 2024 to termination on June 30, 2025; and
WHEREAS, as a recipient of these funds, the County of Riverside Housing and Workforce Solutions is a sub-recipient of ARPA funds and must comply with all requirements regarding the use and reporting for expenditures of ARPA funds.

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

Section 1. Incorporation of Recitals. The City Council hereby finds and determines that the foregoing Recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein.

Section 2. Title. Adopt Resolution No. 2024-33 to Allocate American Rescue Plan Act (ARPA) Funds for the Use of Fiscal Year 2024-2025 in the Amount of $500,000 for the City of Coachella Home Enhancement Program (HEP) Authorizing the City Manager to Enter into an Agreement with the County of Riverside Housing and Workforce Solutions to Administer the HEP Program.

PASSED, APPROVED and ADOPTED this 9
th day of October 2024.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 16.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-33 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 9 h
day of
October, 2024, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 16.
1 SUBRECIPIENT GRANT AGREEMENT FOR THE USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This SUBRECIPIENT GRANT AGREEMENT FOR THE USE OF AMERICAN RESCUE PLAN ACT (“ARPA”) FUNDS (“Agreement”) is made and entered into as of the Effective Date (defined herein), by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (“SUBRECIPIENT”) and the CITY OF COACHELLA, a municipal corporation (“CITY”). SUBRECIPIENT and CITY may be individually referred to herein as a “Party” and collectively as the “Parties”. This Agreement is for the use of U.S. Department of the Treasury (“U.S. Treasury”) Coronavirus State and Local Fiscal Recovery Funds (“SLRF”) under the American Rescue Plan Act of 2021 (Pub. L. 117-2), amending Title VI of the Social Security Act (42 U.S.C. 801 et seq.), hereinafter “ARPA” or the “Act.”

RECITALS
WHEREAS, the CITY, as a recipient of ARPA funds under the State and Local Fiscal Recovery Funds ("SLFRF") program, may contract with sub-recipients for the furnishing of such services to, of, or for the CITY or any Department thereof; and WHEREAS, sub-recipients under the SLFRF program are entities that receive a sub award from a recipient to carry out the purposes (program or project) of the SLFRF award on behalf of the recipient; and
WHEREAS, as a recipient of these funds, COUNTY OF RIVERSIDE is a sub-recipient of SLFRF funds and must comply with all requirements regarding the use and reporting of expenditures of SLRFR funds; and
WHEREAS, since its emergence in early 2020, the COVID-19 pandemic has negatively impacted public health and the economy on a global scale, throughout the nation, and in the CITY; and
WHEREAS, the pandemic has both caused and magnified negative impacts on residents of the CITY, particularly low- and moderate-income families, as it pertains to issues of public health, food and housing insecurity, and childcare, among other areas; and WHEREAS, although as of June 15, 2021 the State substantially lifted public health orders limiting certain activities to mitigate the spread of COVID-19, the pandemic continues to pose risks to public health and the need to respond to those risks and to recover from the negative public health and economic impacts of the pandemic continues, in particular due to the recent surge in COVID-19 cases resulting from the highly contagious Omicron BA.4 and BA.5 variants; and WHEREAS, increasing and preserving affordable housing to address homelessness is an eligible use of ARPA funds and

Item 16.
2 WHEREAS, through this Agreement, the Parties agree to set forth terms and conditions concerning the allocation, administration, and distribution of Five Hundred Thousand Dollars and Zero Cents ($500,000.00) from the CITY’S ARPA funds; and WHEREAS, these funds will enable SUBRECIPIENT to continue managing a home rehabilitation program (“Program”) that provides assistance to homeowners within the City of Coachella to address substandard housing by correcting health and safety hazards in deteriorated housing units, and maintain and extend the life of existing affordable housing inventory; and WHEREAS, SUBRECIPIENT will assist the CITY in administering and distributing the ARPA funds for the Program in City of Coachella.

NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:

TERMS

1. Disbursement of Funds. Upon the Parties’ execution of this Agreement, the CITY will transmit to and deposit with SUBRECIPIENT the sum of Five Hundred Thousand Dollars and Zero Cents ($500,000.00) in ARPA funds. To effectuate the provisions of this section, the City Manager shall have the authority to offset all, or any portion of the amount described in this section against amounts due to SUBRECIPIENT, under this Agreement or any other agreement between SUBRECIPIENT and the CITY.

2. Eligibility. Eligibility for the Program managed by SUBRECIPIENT shall be limited to homeowners living within the jurisdictional boundaries of the CITY as further described as follows:

Jurisdictional Boundaries. As defined by the US Department of The Treasury regarding disbursement of ARPA funds, the 2022 final rule clarified that recipients may transfer funds to any entity to carry out, as a SUBRECIPIENT, an eligible activity on behalf of the SLFRF recipient (transferor), as long as they comply with the SLFRF Award Terms and Conditions and other applicable requirements. SUBRECIPIENT agrees that all homeowners funded with the monies provided will are within the jurisdictional boundaries of the CITY.

3. Use of Unallocated Funds. Upon written request by the City Manager, SUBRECIPIENT shall promptly return any ARPA Funds that were unused or undistributed during the term of this Agreement to CITY for possible redistribution to other federal ARPA-eligible programs authorized by the CITY.

4. Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall terminate on December 31, 2025 (“Term”), unless earlier terminated by either Party or unless all APRA Funds have been distributed by SUBRECIPIENT, as set forth in this Agreement.

Item 16.
3 5. Services Provided by SUBRECIPIENT. The COUNTY OF RIVERSIDE shall be responsible for performing the following services to operate and administer Home Rehabilitation Program (HRP):
a. Identify homeowners in need of repairs with household incomes at or below 80% of the Area Median Income (AMI). The applicant must be the owner-occupant of the property. The property must be located within the City of Coachella. Property taxes must be current. One homeowner must be either a US Citizen or a Qualified Alien as per Section 431 of the Personal Responsibility and Work Opportunity Act (PRWORA).
b. Enter into and administer HRP Grant Agreement, HRP General Contractor Agreement and HRP Covenant Agreement with low-income qualified homeowners in the City of Coachella to identify and complete home repairs and disability accessibility improvements, which include minor roof repairs, broken/missing windows, exterior paint, fence repair, and other eligible exterior/interior improvements. The maximum grant amount is fifty thousand Dollars ($50,000).

The HRP grant is a one-time benefit regardless of the total grant amount awarded. c. Conduct on-site inspection; prepare statement of work; solicit minimum of three (3) bids from licensed general contractors; select the lowest, most responsive, and most efficient bidder; conduct pre-construction conference, pay disbursements to contractor (retaining 25% to ensure completion); and upon receipt of the completion notice from homeowner, invoice and conditional release from Contractor certifying repairs are complete, County shall conduct a final inspection in cooperation with homeowner and contractor and release final payment. d. Ensure participating homeowners enter five (5) year covenant agreement that restricts the use of the property to an affordable single-family dwelling, encumbers the land and restricts the sale and future loans against the property for the duration of the agreement, and requires the property owner to provide continued maintenance of the entire property interior and exterior for the duration of the agreement.

6. Reporting Requirements. SUBRECIPIENT shall provide the CITY with quarterly reports and one final report, in a format reasonably designated by the CITY, detailing (a) all applications received, processed, and approved; and (b) all amounts disbursed to qualifying homeowners. In addition, the CITY reserves the right to require written reports from SUBRECIPIENT, at reasonable intervals until all ARPA funds have been dispersed, and in a format reasonably designated by the CITY. These reports shall include, among other information, the receipts, use and disbursement of all ARPA Funds. SUBRECIPIENT understands and agrees that the ARPA Funds are provided as a sub award of Local Fiscal Recovery Funds under ARPA; that SUBRECIPIENT, as a subrecipient of the ARPA Funds, shall cooperate with CITY to ensure compliance with ARPA and its implementing rules, regulations, reporting and recordkeeping requirements, including without limitation cooperation, as requested, in connection with the CITY’S preparation of interim reports,

Item 16.
4 project and expenditure reports and recovery plan performance reports, and any other reports required by the US Treasury.

7. Single Audit Act Amendments of 1996 (Single Audit Act). The Single Audit Act Amendments of 1996 (Single Audit Act) were enacted to streamline and improve the effectiveness of audits of federal awards expended by states, local governments, and not-forprofit entities, as well as to reduce audit burdens. Amendments include uniform administrative requirements, cost principles, and audit requirements for federal awards found in Chapter 2 of the Federal Acquisition Regulations, Part 200. Single Audits are required when a non-federal entity expends $750,000 or more in federal funds in one year. Single Audits are performed by independent auditors and encompass both financial and compliance components.

The CITY will be subject to future audits of these funds; the audits will be conducted by the CITY’S external auditors and be reviewed by the Inspector General’s Office or the Government Accountability Office. The key to withstanding any future audit will be the CITY’S ability to provide sufficient and appropriate documentation regarding the use of State and Federal funds in response to COVID-19. SUBRECIPIENT agrees to make any and all supporting documentation available to CITY within fifteen (15) working days of a request made by CITY.

8. Documentation and Record Retention. The CITY shall maintain CITY documents in accordance with CITY’S Records Management Policy and record retention schedule. CITY and any subrecipient of Coronavirus Relief Funds must retain records for five years (5) after final payment is made and should be available on requests for audits. It should be noted that documents associated with this agreement could be subject to a Public Records Act request.

If a request is made, CITY will respond to the request in accordance with the CITY’S Public Records Request Policy.

9. Non-Discrimination Requirements for Grantees. SUBRECIPIENT agrees not to discriminate against any person seeking service or assistance because of race, color, creed, religion, national origin, sex, marital status, status in regard to public assistance, immigration status, membership or activity in a local commission, disability, sexual orientation, age, physical or mental disability.

10. Indemnification. Each Party shall Indemnify, defend, protect, hold harmless, and release the other, its officers, agents, representatives, insurers, employees, and servants from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (Including attorneys' fees and costs) arising from or in connection with, or caused by any act, omission, or negligence of such indemnifying Party or its agents, representatives, employees, servants, contractors, subcontractors, or invitees. The duty of a Party to Indemnify and hold harmless another Party shall not apply to injuries or damage for which such other Party has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty to indemnify and hold harmless set forth in this Section shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers' compensation acts,

Item 16.
5 disability benefit acts, or other employee benefit acts, and shall include the duty to defend as set forth in Section 2778 of the California Civil Code. This indemnity/hold harmless provision survives the Agreement.

11. Assignment. This Agreement is not assignable by a Party, in either whole or in part, without the express consent of each other Party in the form of a formal written amendment to this Agreement.

12. Governing Law & Jurisdiction. The validity of this Agreement and of its terms, the rights and duties of the Parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venue either in Riverside County Superior Court or in the United States District Court for the Central District of California.

13. Integration & Modification. This Agreement supersedes any and all prior or contemporaneous agreements, representation, and understandings of or between the Parties, and the Parties warrant that they are not relying on any such prior representations. The Parties understand and agree that the terms of this Agreement may not be altered, amended, modified, or otherwise changed in any respect or particular except by a writing duly executed by the Parties, or their respective authorized representative(s).

14. Severability. In the event that, at any time subsequent to the execution of this Agreement, any portion or provision of it is found to be illegal, invalid, unenforceable, non-binding or otherwise without legal force or effect, the remaining portion(s) will remain in force and be fully binding.

15. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and all of which together will constitute a complete agreement.

Moreover, this Agreement may be signed by electronic signature and copies of original signatures shall be treated the same as the originals.

16. State and Local Fiscal Recovery Fund Sub Recipient. The monies referenced within this agreement represents a sub award of State and Local Fiscal Recovery (SLFRF) funds. As a recipient of these funds, SUBRECIPIENT is a subrecipient of SLFRF funds and must comply will all requirements regarding the use and reporting for expenditures of SLFRF funds.

SUBRECIPIENT agrees to review and comply with the terms contained in the links provided in Attachments 1-3 for SLFRF-related documents detailing the compliance requirements for use of SLFRF funds as follows:
a. Attachment 1: Department of Treasury Final Rule - Coronavirus State and Local Fiscal Recovery Funds
b. Attachment 2: Department of Treasury Overview of the Final Rule - Coronavirus State and Local Fiscal Recovery Funds

Item 16.
6 c. Attachment 3: Department of Treasury Compliance and Reporting Guidance - Coronavirus State and Local Fiscal Recovery Funds
d. And all other federal and state laws rules and regulations including those pertaining to providing funds to undocumented immigrants and all tax reporting requirements of the Internal Revenue Service. The COUNTY OF RIVERSIDE agrees to be responsible for any fines, penalties and audit fees resulting from non-compliance with the items listed in this section.

17. Insurance.
a. Time for Compliance. RECIPIENT 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, RECIPIENT shall not allow any SUBRECIPIENT to commence work on any subcontract until it has provided evidence satisfactory to the CITY that the SUBRECIPIENT 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. b. 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 RECIPIENT, 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, RECIPIENT agrees to amend, supplement or endorse the policies to do so.
i. 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.
ii. 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.
iii. 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.

Item 16.
7 iv. Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to RECIPIENT’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
c. Insurance Endorsements. Required insurance policies shall contain the following provisions, or RECIPIENT shall provide endorsements on forms approved by the CITY to add the following provisions to the insurance policies:
i. 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 RECIPIENT; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, RECIPIENT 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. ii. 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.
iii. Professional Liability (Errors & Omissions): (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) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

Item 16.
8 iv. 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.
d. 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. e. 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 RECIPIENT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. RECIPIENT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its SUBRECIPIENTs. f. Deductibles and Self-Insured Retentions. Any deductible or self-insured 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.
g. Evidence of Insurance. The RECIPIENT, 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, RECIPIENT 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. h. 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

Item 16.
9 insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Enforcement of Agreement Provisions (non-estoppel). RECIPIENT acknowledges and agrees that actual or alleged failure on the part of the CITY to inform RECIPIENT of non-compliance with any requirement imposes no additional obligation on the CITY nor does it waive any rights hereunder.
j. 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. k. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by RECIPIENT, 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 RECIPIENT pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
ii. 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 RECIPIENT or CITY will withhold amounts sufficient to pay premium from RECIPIENT payments. In the alternative, CITY may cancel this Agreement.
iii. The CITY may require the RECIPIENT to provide complete copies of all insurance policies in effect for the duration of the Project. iv. 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.
v. 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 RECIPIENT from liability in excess of such coverage, nor shall it limit the RECIPIENT’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. vi. RECIPIENT shall report to the CITY, in addition to RECIPIENT’s insurer, any and all insurance claims submitted by RECIPIENT in connection with the Services under this Agreement.

Item 16.
10 l. Insurance for SUBRECIPIENTs. RECIPIENT shall include all SUBRECIPIENTs engaged in any work for RECIPIENT relating to this Agreement as additional insureds under the RECIPIENT's policies, or the RECIPIENT shall be responsible for causing SUBRECIPIENTs to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the CITY, its officials, officers, employees, agents, and volunteers as additional insureds to the SUBRECIPIENT’s policies. All policies of Commercial General Liability insurance provided by RECIPIENT’s SUBRECIPIENTs 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. RECIPIENT shall not allow any SUBRECIPIENT to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of SUBRECIPIENT’s compliance with all insurance requirements under this Agreement, to the extent applicable. The RECIPIENT shall provide satisfactory evidence of compliance with this section upon request of the CITY.

Item 16.
11 IN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have signed Agreement as of the Effective Date set forth above.

CITY OF COACHELLA COUTY OF RIVERSIDE,
a General law City a political subdivision of the
State of California
By: ____________________________ By: ____________________________ Dr. Gabriel Martin Heidi Marshall
City Manager Director
City of Coachella Riverside Department of Housing
and Workforce Solutions
ATTEST: APPROVED AS TO FORM:

MINH C. TRAN

COUNTY COUNSEL
By: ____________________________ BY: _________________________ City Clerk Paula S. Salcido,
Deputy County Counsel

APPROVED AS TO FORM:

BY: __________________________
City Attorney

Item 16.
12 Attachment 1:

Department of Treasury Final Rule - Coronavirus State and Local Fiscal Recovery Funds:

Link: https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf

Item 16.
13 Attachment 2:

Department of Treasury Overview of the Final Rule - Coronavirus State and Local Fiscal Recovery Funds
Link: https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf

Item 16.
14 Attachment 3:

Department of Treasury Compliance and Reporting Guidance - Coronavirus State and Local Fiscal Recovery Funds
Link: https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-ReportingGuidance.pdf

Item 16.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Provide staff direction for 2024 Hometown Heroes Honorees.

STAFF RECOMMENDATION:

Provide staff direction for 2024 Hometown Heroes Honorees.

BACKGROUND:

The “Hometown Heroes” monument was created to recognize people who have contributed to the community and culture of our community. Currently, our “Hometown Heroes” include the following:
 Cesar Chavez; Civil Rights and Labor Leader
 Leonila Torres; Community Leader
 Linda Garza; Government Employee
 Elvira Acosta Murillo; Community Leader
 Severio “Cosmo” Lira Jr.; Commitment to Youth
 Raquel G. Medina; Community Volunteer
 Rich Ramirez; Educator and Mentor
 Chauncey Veatch; Educator and Mentor
 Juan Torres; Entrepreneur and Business Leader
 Joe and Maria Celia Munoz; Exceptional Citizens
 Julio Diaz, Antonio Diaz and Joel Diaz; Boxing Family Champions  Eugenia Ortiz; Community Leader and Activist
 Clementine Olloque, Maria Carmona-Marron, Maria Serrano, Maria Munoz; Community Leaders and Activists
 Organización en California de Lideres Campesinas; Leaders and Community Activists  Caballero Family, Boxing Family Champions
 Chris Romero, Exceptional Citizen
 Mary Lou Torres, Exceptional Citizen and Advocate
 Merlyn Hamner, Historian
 Joe Vega; Postmaster and Exceptional Citizen
 Lee Espinoza; Coach and Mentor
 CYSAS La Laja; Youth Sports Leaders
 Vanessa Madera; Youth Sports Leader

Item 17.
 Joe Ceja; Educator and Mentor
 Deputy David Solis; Exceptional Valor
 Mayor Yolanda R. Coba; Community Leader
 Enedina Rapan; Community Activist
 Enedina Rapan, Jesus Mota, Maria Hernandez, Prospero Montes, Jesus Sanchez; Inspirational Community Mentors
 Gabriela Fundora; Youth Sports Leader
 Citlalli Ortiz; Youth Sports Leader
 Cesar Sanchez, Entrepreneur and Business Leader
 Father Guy Wilson; Religious and Spiritual Leader
 Dr. Juan De Lara; Educator and Mentor
 Juanita Godwin; Community Leader and Youth Mentor
 Raices Cultura; Community Leader and Activists
 Rosa Lucas – Community Advocate and Activist
 Mario Lazcano; Community Leader and Activist
 Captain Frank Morales, Lieutenant Cesar Garcia, Engineer Danny Castro, Lieutenant George Torres; Coachella Volunteer Firefighters
 Clara Herrera and Clara Nieblas, Community Advocate and Activist  Rosalia Plata; Community Advocate and Activist
 Baltazar Aguirre; Exceptional Citizen and Activist
 Maria Magdalena Rodriguez; Exceptional Citizen
 Sandra Ramirez; Exceptional Citizen
 Sebastian Fundora; Exceptional Athlete
 Bonifacio De La Cruz; Battalion Chief Coachella Fire Station No. 79  ASM Eduardo Garcia; Community Advocate and Activist
 Emmanuel Martinez; Community Leader and Activist
 Susie Del Toro – Veterans Advocate & Activist
 Hon. Laura C. Garcia – Judge & Advocate
 Araceli De La Torre – Educator & Mentor
 Oralia Ortiz – Community Leader & Activist
 Ruben Gonzalez – Community Advocate & Activist
 Susie Del Toro – Veterans Advocate & Activist
 Hon. Laura C. Garcia – Judge & Advocate
 Araceli De La Torre – Educator & Mentor
DISCUSSION/ANALYSIS:

Annually during the City’s Tree Lighting Ceremony the City has recognized individuals / organizations as Hometown Heroes; staff recommendsselecting up to 5 recognitions per year. The selected Hometown Heroes are also recognized as the Grand Marshalls of the city’s annual Holiday Parade.

Item 17.

Staff is requesting direction for 2024 Hometown Hero nominees. The City has requested community input from late August through early October using its social media platforms and received the following 2024 Hometown Heroes nominee recommendations (83 responses):

1. Juan Torres
o 2 responses

2. Steven Hernandez

3. Maria Ramirez

4. Sylvia Montenegro 1/6
o 6 responses

5. Lupe Gomez

6. Mrs. Rojas

7. Johana Ramirez

8. Aaron Gasu 1/14
o 14 responses

9. Manuel Arriaga

10. Carmen Montenegro

11. Pedro Ayón Jr.

12. Lee Espinoza

13. Gabriel Martin
o 2 responses

14. Diaz Brothers

15. Joe Ochoa

16. Mariana Romero

17. Eva Alvarez

18. Rancho 3 Agavez de Cielo Azul

19. Carnitas Boy

20. Luz Maria Aguilar

21. Lizeth Rivera

22. Angel Chavez
o 7 responses

23. Roberto “Rudo” Diaz ½
o 2 responses

24. Samantha Rhodes

25. Damon Juarez

26. Mayra Pereza Higadera

27. Jorge Ortiz

28. Oralia Ortiz

29. Josie Gonzalez

30. Diana Ramirez
o 16 responses

31. Desert Paws Sanctuary

32. Robert Caballero

33. Marcos Granados

34. Jasmin Ceja
o 3 responses

35. Hector G. Morin

36. Ernesto Rosales

37. Stephen Duffle Sr

38. Michael Arcieri

39. Teresa Campos

40. Karina Andalon
FISCAL IMPACT:

None.

Item 17.

STAFF REPORT
10/9/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award professional services agreement to Grizzly Entertainment for $35,000 for a drone show feature addition to the 2024 Holiday Tree Lighting Ceremony; approve allocation of $35,000 from unallocated general fund reserves for award.

STAFF RECOMMENDATION:

Award professional services agreement to Grizzly Entertainment for $35,000 for a drone show feature addition to the 2024 Holiday Tree Lighting Ceremony; approve allocation of $35,000 from unallocated general fund reserves for award.

EXECUTIVE SUMMARY:

The City informally bid drone show services. The selection criteria used to identify the most qualified Proposer was based upon the highest scoring proposer; scoring was completed based upon a three-member panel. Each panelist member scored all proposals received per the below evaluation criteria (total points 100):
 Understanding of Work to be performed;
o 20 pts
 Demonstrated quality of firm;
o 20 pts
 Familiarity with City, County and State Procedures;
o 15 pts
 Firm’s and Professional Staff References/Satisfaction of Clients; o 20 pts
 Completeness and quality of the Proposal;
o 10 pts
 The price which the Proposer proposes to charge;
o 15 pts

Item 18.

Proposals and scores for firms included in the informal bid process:

HireUAVPro OpenSkyPro DroneStudios Grizzly
Entainment
PyroSpec
Scorer
#1
66 79 63 98 59
Scorer
#2
53 81 61 98 57
Scorer
#3
73 74 69 98 52
Totals 192 234 193 294 168
In addition, to the five firms that provided proposals (shown above), three additional firms were non-responsive and did not submit proposals. Based on the score results, staff is recommending award to Grizzly Entertainment. The proposed agreement, will have a term beginning October 10, 2024 – December 4, 2024 and compensation in the amount of $35,000.

FISCAL IMPACT:

Award of the proposed work will require allocation of $35,000 from unallocated general fund reserves to the Holiday Tree Lighting/Holiday Parade event budget.

Attachments:

Proposed Agreement

Item 18.
- 1 - (BB&K: February 2006)

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 9th day of October, 2024, by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 (“City”) and Grizzly Entertainment LLC, a corporation, with its principal place of business at 1135 Passage Street, Palm Springs, California, 92262 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

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

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

2.3 Project. City desires to engage Consultant to render such services for the Coachella Holiday Tree Lighting Drone Project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from October 10, 2024 to December 4, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

Item 18.
- 2 - (BB&K: February 2006)

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

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

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Themis Violaris.

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

3.2.6 Consultant’s Representative. Consultant hereby designates Themis Violaris, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall

Item 18.
- 3 - (BB&K: February 2006)
be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

3.2.10 Insurance.

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

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to

Item 18.
- 4 - (BB&K: February 2006)
persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors.

Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:

Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of One Million Dollars ($1,000,000) per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to their profession.

Such insurance shall be in an amount not less than $2,000,000 per claim, and shall be endorsed to include contractual liability.

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

Item 18.
- 5 - (BB&K: February 2006)
volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

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

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

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

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty-Five Thousand Dollars ($35,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

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

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

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

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is One Thousand Dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the

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Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

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

City
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez
Consultant
Grizzly Entertainment LLC
1135 Passage Street
Palm Springs, CA 92262

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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

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

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

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

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

3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to