Coachella City Council
November 13, 2024

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

CITY COUNCIL CLOSED SESSION AND

REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
November 13, 2024
5:00 PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

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

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

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

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

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

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

ROLL CALL:

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

ADJOURN TO CLOSED SESSION:

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

City Labor Negotiator: City Manager Gabriel Martin
Employee Organization: Teamsters Local 1932 Representing All the Employee Groups RECONVENE REGULAR MEETING: - 6:00 P.M.

PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

PROCLAMATIONS/PRESENTATIONS/DIRECTION:

2. Rancho Las Flores Park Update Presentation

3. Mission Asset Fund - Coachella Immigrant Families Recovery Program Presentation

4. Coachella Prospera Update Presentation
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.)

5. Regular Meeting Minutes of October 23, 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

6. Voucher Listing- EFT's/Utility Billing Refunds/FY 2024-25 Expenditures as of November 13, 2024, $3,995,019.76

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

7. Approve Amendment #4 to the Professional Services Agreement with Angenious Engineering Services, Inc. in the Amount of $121,000.76 to Provide Professional Engineering Services for the Avenue 50 Bridge over the Whitewater Channel Project, City Project ST-69

8. Authorize a Community-Based Grant to Coachella Valley High School in the Amount of $1,000 to Help Fund its Cheer Team

9. Authorize a Community-Based Grant to Habitat for Humanity of the Coachella Valley (HFHCV) in the Amount of $1,000 to Help Fund its Housing Insecurity Prevention Program

10. Award Professional Services Agreement to DeAztlan Consulting for the Management of the Coachella Prospera Social Media Channels and Website for the City of Coachella in the Amount of $114,000

11. Adopt Ordinance No. 1216 approving Change of Zone (CZ) No. 24-07 2nd Reading to pre-zone 51 parcels currently in unincorporated Riverside County “Pocket 7” to City of Coachella zoning designations of Residential Estate (R-E) and General Commercial (C-G); Applicant: City of Coachella (Second Reading)

12. Resolution No. 2024-60 A Resolution of the City Council of The City of Coachella Authorizing the City of Coachella to Enter into an Agreement with the State of California Department of Water Resources to Receive Funds for the Support of a Stannous Chloride Pilot Project and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Coachella

13. Approve Lease Agreement with Tata’s Bakery Company for the City-Owned Facility (Formerly the Sunline Bus Hub) Located at 790 Vine Avenue in the Downtown Pueblo Viejo District

14. Approve a new lease between the City of Coachella and Coachella Valley Boxing Club & Fitness Center, Inc. for the 51-301 Douma Street facility; authorizing City Attorney to make minor non-substantive changes.

15. Authorize City Manager to Execute a Lease Agreement with the Latino Equity Advocacy & Policy Institute for Office Space at City Hall.

16. Approve Vehicle Leases for FY 2024/25 with Enterprise Fleet Management Inc. (1) Authorize the City Manager to approve the Lease Rate Quotes for: twelve (12) Ford F-150 units and one (1) Ford Explorer from Enterprise Fleet Management, Inc. (2) Authorize FY 24/25 Appropriation of $70,000.00 for Safety Lighting of new units.

17. Authorize Contract Amendment #1 for Coachella Sanitary District Headworks Screening Improvement Project S – 29 in the Amount not to Exceed $53,050.00

18. Authorize Addendum No 4: Professional Additional Engineering Services for Water Systems Consolidation of Mesquite Water Mutual Association, City Project No. W-32 for the Total Amount of $19,400

19. Adopt Resolution No. 2024-61 Authorizing State of California Cannabis Equity Act Grant Funding NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

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

20. Ordinance No. 1217 - An Ordinance Increasing Compensation of the Elected City Clerk and the City Treasurer Positions (First Reading

21. Authorize the City Manager to Execute a Professional Service Agreement with Colleen Edwards, Inc. for the Coachella Youth Cultural Center to Provide Conceptual Design Services in the Amount of $29,700

22. Approve Resolution No. 2024-62 - Approving the Creation and Funding for a Full-Time Executive Assistant Position in the City Manager’s Department
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

23. Annexation Request to LAFCO for the Western Annexation Area (Pocket 7 and Mesquite Areas) and Adoption of a Negative Declaration for EA No. 24-02:
(1) Adopt Resolution No. 2024-56 Approving a Negative Declaration for EA No. 24-02 for the Western Annexation; and
(2) Adopt No. Resolution No. 2024-53 Requesting the Riverside Local Agency Formation Commission (LAFCO) to take Proceedings for the Annexation of 388 Acres of Land Located South of Avenue 50, North of Avenue 52, East of Jackson Street and East and West of Calhoun Street PUBLIC COMMENTS (NON-AGENDA ITEMS):

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

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

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

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

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

MINUTES

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
October 23, 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.

Item 5.

Minutes City Council Regular Meeting October 23, 2024

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

Mayor Hernandez called the City Council Closed Session and Regular Meeting of the City of Coachella to order at 6:00 p.m.

ROLL CALL:

Present: Councilmember Dr. Figueroa, Councilman Delgado, Councilmember Galarza (arrived at 6:03 p.m.), Mayor Pro Tem Virgen, and Mayor Hernandez
City Clerk

Absent: City Treasurer
PLEDGE OF ALLEGIANCE:

The City Clerk led the 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” Motion: To approve the agenda as presented.

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
PROCLAMATIONS/PRESENTATIONS/DIRECTION:

1. Update on Various Commissioner Terms
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 5.

Minutes City Council Regular Meeting October 23, 2024

2. Regular Meeting Minutes of October 9, 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

3. Voucher Listing- EFT's/Utility Billing Refunds/FY 2024-25 Expenditures as of October 23, 2024, $3,281,045.76

4. Planning Division Quarterly Report

5. Adopt Resolution No. 2024-59 to Approve a Supplemental Agreement with the County of Riverside and Authorize the City Manager to Execute the Supplemental Agreement for the Use of Fiscal Year 2024-25 Community Development Block Grant (CDBG) Entitlement Funds in the Amount of $222,938 for the City of Coachella Home Enhancement Program

6. Authorize a Consulting Contract with Holistic System Integration Solutions for Migration of Tyler Technologies Eden to Enterprise ERP Phase 1 and the Appropriation of $97,500 from Unreserved General Fund (101)

7. Authorize the Purchase of a Digital Wireless Conference System for the Amount of $79,671.20 and the Appropriation of $44,671.20 from the Unreserved General Fund (101)

8. Authorize the Purchase of a Zoom One Cloud-Based VOIP Phone System and Appropriate $60,664.39 from the Unreserved General Fund for this Purchase
Motion: To approve the Consent Calendar as presented.

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

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

9. Appoint a Councilmember to the Coachella Rail Station Feasibility Study Advisory Committee Motion: To continue this item
Made by: Mayor Hernandez
Seconded by: Councilmember Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:

Item 5.

Minutes City Council Regular Meeting October 23, 2024

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

10. Adopt Ordinance No. 1216 approving Change of Zone (CZ) No. 24-07 to Pre-Zone 51 Parcels Currently in Unincorporated Riverside County “Pocket 7” to City of Coachella Zoning Designations of Residential Estate (R-E) and General Commercial (C-G); Applicant: City of Coachella Mayor Hernandez opened the public hearing at 6:06 p.m. and closed the hearing at 6:07 p.m.

Motion: To Adopt Ordinance No. 1216 approving Change of Zone (CZ) No. 24-07 to Pre-Zone 51 Parcels Currently in Unincorporated Riverside County “Pocket 7” to City of Coachella Zoning Designations of Residential Estate (R-E) and General Commercial (C-G); Applicant: City of Coachella (First Reading)
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Virgen
Approved: 5-0, Unanimous roll call vote:

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

Item 5.

Minutes City Council Regular Meeting October 23, 2024

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 6:18 p.m.
_____________________
Angela Zepeda
City Clerk

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STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Amendment #4 to the Professional Services Agreement with Angenious Engineering Services, Inc. in the amount of $121,000.76 to provide Professional Engineering Services for the Avenue 50 Bridge over the Whitewater Channel Project, City Project ST-69.

STAFF RECOMMENDATION:

Authorize City Manager to Execute Amendment #4 to the Professional Services Agreement with Angenious Engineering Services, Inc. in the amount of $121,000.76 to provide Professional Engineering Services for the Avenue 50 Bridge over the Whitewater Channel Project, City Project ST-69
EXECUTIVE SUMMARY:

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

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

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

Item 7.

BACKGROUND:

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

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

Design is currently underway and almost complete. Additional design services are necessary to address design comments from CVAG, CVWD and additional utility coordination with IID and SoCal Gas. Amendment No. 4 will include additional design to include for future CV Sync and CV Link connection to the bridge. Overall, Amendment No. 4 will provide additional information and coordination needed to complete the design.

FISCAL IMPACT:

No fiscal impact or additional appropriations needed. Amendment No. 4 will be covered by HBP funds ($107,121.97), CVAG ($10,409.09) and City Fund ($3,469.70) included in the FY 24/25 CIP budget.

ATTACHMENTS:

1. Amendment No. 4

2. AES Amendment Request

Item 7.

FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COACHELLA
AND ANGENIOUS ENGINEERING SERVICES, INC.

THIS THIRD AMENDMENT ("Amendment") is made and entered into as of November 13TH, 2024 by and between the City of Coachella ("City”) and Angenious Engineering Services, Inc. ("Consultant"). In consideration of the mutual covenants and conditions s et forth herein, the parties agree as follows:

1. RECITALS. This Amendment is made with the respect to the following facts and purposes:
a. On or about November 27
th, 2019 the City and Consultant entered into that certain agreement entitled "City of Coachella Professional Services Agreement" between the City and Consultant to provide engineering design, and other services for the Avenue 50 Bridge over the Whitewater Strom Channel, ST-69 & the SR-86/Avenue 50 New Interchange, ST-81 projects in the amount of $148,000.
b. On or about October 14th, 2020 the City and Consultant entered into the “First Amendment” to the agreement between the City and Consultant in the amount of $15,000.00.
c. On or about June 21st, 2021 the City and Consultant entered into the “Second Amendment” to the agreement between the City and Consultant in the amount of $3,260,088.40.
d. On or about November 8th, 2023 the City and Consultant entered into the “Third Amendment” to the agreement between the City and Consultant in the amount of $99,027.50.
e. The parties now desire to amend the Agreement as set forth in this Amendment.

2. AMENDMENT.

3.1 General Scope of Services. Section 3.1.1 of the Agreement is hereby amended to include the additional Scope of Services to be performed for the Avenue 50 Bridge over the Whitewater Storm Channel, ST-69 under this Amendment No. 4 referenced as EXHBIIT “A”.

3.2 Performance Period. Section 3.1.2 of the Agreement is hereby amended to go into effect on November 13, 2024 contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s Agreement Administrator. The Agreement shall end on June 30, 2026, unless extended by Agreement Amendment.

Item 7.

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

The method of payment in Sections 3.3.1.A and B of the Agreement are hereby amended to actual cost plus a ten percent (10%) fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs; plus ten percent fixed fee) incurred by Consultant in performance of the work. The total authorized compensation for the Amendment No. 4 is in the amount not to exceed One Hundred Twenty-One Thousand Dollars and SeventySix Cents ($121,000.76).

The amended total compensation shall not exceed Three Million Six Hundred FortyThree Thousand Thirty-Six Dollars and Sixty-Six Cents ($3,643,036.66) without written approval of the City’s representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this agreement.

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

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

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

Item 7.

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

CITY OF COACHELLA ANGENIOUS ENGINEERING SERVICES, INC.

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

Item 7.
26000 Towne Centre Drive, Suite 100
Foothill Ranch, CA 92610
Tel: 949-599-5400
www.Angenious-es.com
Expert Services | Transportation Engineering
October 15, 2024
Mr. Andrew Simmons
City Engineer
City of Coachella
53-990 Enterprise Way,
Coachella, CA 92236
RE: Avenue 50 Bridge Over Coachella Valley Storm Water Channel, ST-69 Professional Services Agreement (PSA) Amendment Request – Extra Work Dear Mr. Simmons:

As discussed, we are respectfully submitting this PSA amendment request to perform extra work beyond the current scope of services. These tasks are listed as follows:

I. To address Coachella Valley Association of Governments’ two specific needs below:
a. CV/Link Pathway
Based on the recent coordination efforts and review comments received, we need to perform additional design work to ensure that both projects match-up and are consistent with CVAG CV/Link’s pathway requirements, which include incorporating CV/Link branding aesthetic elements, construction details, cable railing, etc.
b. CV/Sync Project
Planning for future traffic synchronization needs, CVAG requested the project to provide some empty conduit for the entire length of Avenue 50, from west end to east end of project, including pull-boxes in sidewalk and bridge sidewalk.

II. To address Coachella Valley Water District Comments Our project team has had to continuously address numerous review iterations with demanding comments. Notably, the channel hydraulics and scour analysis, resulting in larger improvements area.

We are striving to control it, so that it is within fundable limits.

III. To perform additional utility coordination
a. Imperial Irrigation District (IID)
Our project team has had also to continuously assisting IID on transmission poles relocation and provide empty conduits through the bridge cells.
b. Southern California Gas (SoCalGas)
Additional coordination with SoCalGas and their potholing contractor, Arizona Pipeline Compony on lengthy potholing efforts. Redesign the Abutment No. 1 bridge footing to span over the existing 8- inch-high pressure main. Prepare additional construction details to shield off the pipe and technical provisions to be included in the construction contract documents to control operations during construction.

Refer to attached spreadsheets, our fee proposal is based on the required efforts above; Angenious and its’ subconsultant are requesting an amended amount of $121,000.76 that is to be added to the previously authorized budget of $3,522,035.90. A total summation of amended authorized budget amount of $3,643,036.66.

Item 7.

Mr. Andrew Simmons
October 15, 2024

Expert Services | Transportation
We always strive to improve quality, utilization, and productivity in our sustainable engineering services.

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

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

Item 7.

CITY OF COACHELLA
Avenue 50 Bridge Over CVSC Project

SCOPE OF WORK - ESTIMATED HOURS WORKSHEET
$328.29 $109.64 $126.13
Staff Name A. Cheah T. Bong D. Cheah
Staff Classification PM Engineer I Engineer II
1 Project Management Services

1.1 Administration 8 8 2,626.32

1.2 Coordination and Meetings 40 40 13,131.60

1.3 Quality Assurance and Quality Control 16 24 40 8,279.76 7 Final Design Services – 100% PS&E Submittal
CV/Link Pathway

7.3 Plan and Profile Sheets 8 40 20 68 9,534.52

7.4 Construction Details 8 20 20 48 7,341.72

7.5 Grading Plans 8 40 20 68 9,534.52

7.6 Drainage Plans 8 20 20 48 7,341.72

7.13 Signing and Pavement Delineation Plans 8 32 20 60 8,657.40 CV/Sync Project

7.14 Traffic Signal and Street Lighting Plans 16 40 56 9,638.24 Utility Coordination

7.9 Utility Plans 8 40 48 7,011.92

7.17 Bridge Plans 8 20 24 52 7,846.24
Technical Specifications

7.19 Specifications 40 40 80 18,176.80
176 252 188 616
$ 109,120.76
Subconsultant: NV5 $ 10,800.00
$ 10,800.00
$ 1,080.00
$121,000.76
$3,522,035.90
GRAND TOTAL COSTS $3,643,036.66

TOTAL AES LABOR COST
Fully Loaded Hourly Rate (Direct Labor, overhead, and profit) TOTAL
HOURS

TOTAL FULLY

LOADED LABOR COST

PER TASK
TASKS Task No.

TOTAL HOURS FOR PROJECT

TOTAL SUBCONSULTANT'S COSTS
Total Requested Amount
10% Admistration Fee
Previously Authorized Budget

Item 7.

August 13, 2024
Mr. Andy Cheah
Angenious Engineering
Services, Inc
26000 Towne Centre
Drive North, Suite 100
Lake Forest, CA 92610
Subject: Additional Services Request – Avenue 50 Bridge Conduit Plans Dear Andy:

Please consider this a request for additional fees to design proposed conduit plans per the attached conceptual mark ups provided by Advantec Consulting Engineers, Inc dated 8/6/24.

Pursuant to our discussions, A future communications backbone are anticipated for the Avenue 50 corridor. As such, NV5 has been asked to prepare conduit plans to accommodate a future 144 strand single mode fiber optic cable (144 SMFO) and future CV Sync Broadband Cable. The plans will be including two conduits along the south side of realigned Avenue 50 from the westerly bridge abutment to approximately Station 32+55 for future CV Sync Broadband cable and 144 SMFO, two conduits on top of the south side of the bridge and one steel conduit underneath the south side of the bridge, and two conduits along the south side of Avenue 50 from the easterly bridge abutment to approximately Station 55+40. Additional conduits will run underneath Avenue 50 just east of Magnolia from the south side of Avenue 50 to the controller at the SE corner of Avenue 50 and Magnolia/Tyler Street. All conduits will be designed to be empty for future use.

The following fees will apply:
 Additional Conduit Plans and Coordination ($10,800)
Total additional services fee: $10,800
All terms of this agreement of the original contract will remain in effect. Please sign this agreement as our contract, and email the signed agreement to [email protected] Sincerely,
James Miller, P.E.

Agreed to and Accepted by:

Angenious Engineering Services, Inc
Name, Title Date
15092 Avenue of Science, Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.385.0400

CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL

Item 7.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Authorize a Community-Based Grant to Coachella Valley High School in the Amount of $1,000 to Help Fund its Cheer Team
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community-Based Grant (CBG) to Coachella Valley High School in the amount of $1,000 to help fund its Cheer Team Program.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 24-25 budget included an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

The Coachella Valley High School Cheer Elite Camp offers a great experience for cheerleading/student athletes, fostering their growth as skilled cheerleaders and community mentors. Through this program, students gain advanced skills in preparation for the school year, providing school spirit and community engagement. The Elite Camp serves a dual purpose, as team members take on the role of mentors for younger cheerleaders from the Coachella Junior All American Cheer Squad and After School Education and Safety (ASES) mini cheer teams across the Coachella Valley Unified School District. These younger participants – ages 5 to 13, from all backgrounds – benefit immensely from the mentorship of high school cheerleaders while gaining confidence, discipline, and a sense of community pride. Through this program, cheerleaders learn leadership and team-building skills, while younger children see firsthand the rewards of dedication and hard work. Funding requested for this program will help cover the

Item 8.
costs associated with the implementing the Cheer Elite Camp.

ALTERNATIVES:

1. Award a Community Based Grant in the amount of $1,000.

2. Do not award a Community Based Grant
FISCAL IMPACT:

Should the City Council approve the staff recommendation, the Community-Based Grant Program account will be reduced by $1,000.

ATTACHMENT(S):

CBG Application Packet

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$1,000

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Cheer Budget 24-25
Camp $500 per member- (29 members =$14,500)
Uniforms $600 per member- (29 members = $17,400)
Camp wear $100 per member – (29 members = $2,900)
Transportation to away games $800 per game – (4 games = $3,200) Snacks/food – Provided by Coach Canela
Grand Total - $38,000.00

Item 8.

Item 8.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Authorize a Community-Based Grant to Habitat for Humanity of the Coachella Valley (HFHCV) in the Amount of $1,000 to Help Fund its Housing Insecurity Prevention Program
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community-Based Grant (CBG) to Habitat for Humanity of the Coachella Valley (HFHCV) in the amount of $1,000 to help fund its Housing Insecurity Prevention Program.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 24-25 budget included an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

The Habitat for Humanity of the Coachella Valley (HFHCV) first implemented the Housing Insecurity Prevention Program in 2010. The program reduces low-income households’ risks of housing and financial insecurity through three components: A Brush with Kindness; Emergency Household Needs Assistance; and Wellness Checks, Linkages and Referrals. These services include free assistance to low-income households in need of repairing safety hazards and property damage, neighborhood revitalization projects, appliance and furniture donations, onetime payment of an overdue utility bill to restore services, and linking clients to communitybased service providers. The HFHCV serves the entire Coachella Valley region, however, grant funds from the City of Coachella will specifically be used to provide services to the City’s lowPage 89 Item 9.
income residents, including seniors, people of color, the disabled, and struggling families.

ALTERNATIVES:

1. Award a Community Based Grant in the amount of $1,000.

2. Do not award a Community Based Grant
FISCAL IMPACT:

Should the City Council approve the staff recommendation, the Community-Based Grant Program account will be reduced by $1,000.

ATTACHMENT(S):

CBG Application Packet

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Item 9.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT:

Award Professional Services Agreement to DeAztlan Consulting for the Management of the Coachella Prospera Social Media Channels and Website for the City of Coachella in the Amount of $114,000
STAFF RECOMMENDATION:

Staff recommends that the City of Coachella considers awarding a professional services agreement to DeAztlan Consulting for the management of the Coachella Prospera social media channels and website for the City of Coachella in the amount of $114,000.

BACKGROUND:

The grant funds community-led development and infrastructure projects that achieve major environmental, health, and economic benefits in California’s most disadvantaged communities.

Through this grant, the City was able to implement its Coachella Prospera project, which will improve green spaces, provide affordable housing, increase clean micromobility options and electric vehicle car sharing services, install solar panel in income-qualified homes, and create workforce development opportunities all centered on addressing climate change at the local level.

At the time, the City had entered into a contract with Deaztlan Consulting for media, video and event production services in relation to the announcement and rollout of the Coachella Prospera project. This new Professional Services Agreement is the next iteration of their services in continuing to keep the residents of Coachella informed of the Coachella Prospera projects and the benefits available to them.

DISCUSSION/ANALYSIS:

Through this Professional Services Agreement, DeAztlan Consulting will develop and oversee the management of the Coachella Prospera social media channels and project website, aimed at informing current and potential residents and business owners of the benefits of Coachella Prospera. The proposed services below are for a one-year project timeline; with a year-on-year renewal option for five years.

The proposed services include developing a comprehensive social media strategy, creating engaging content (graphics, videos, and photos), and maintaining active community engagement

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through interactive polls and prompt responses. The project will involve regular performance reporting and data analysis to refine strategies and optimize reach and engagement.

These services will include the following:

Web Hosting & Management Services
• Task 1: Web Hosting
• Task 2: Domain Name & SSL Certificate
• Task 3: Content Mangement Systems (CMS) Maintenance
• Task 4: Security & Backups
• Task 5: Performance Optimization
• Task 6: Technical Support
• Task 7: Content Updates
Social Media Management & Content Creation
• Task 1: Two Channel Management
• Task 2: Content Creation (Graphic Design, Video Production, Photography, Community Polls)
• Task 3: Community Management
• Task 4: Reporting, Analytics & Strategy Review
•
ALTERNATIVES:

1. DeAztlan Consulting for the management of the Coachella Prospera social channels and website for the City of Coachella in the amount of $114,000

2. Not award
FISCAL IMPACT:

Grant funds from the TCC grant have been budgeted to cover the cost of this contract for the duration of the project.

ATTACHMENTS:

1. DeAztlan Consulting Proposal

Item 10.

SUMMARY OF SERVICES
In collaboration with city staff, DeAztlan Consulting will develop and oversee the management of the Coachella Prospera social channels and project website, aimed at informing current and potential residents and business owners of the benefits of Coachella Prospera. The proposed services below are for a one-year project timeline from October1, 2024, through October 1, 2025; with a year-on-year renewal option for five years.
¡COACHELLA PROSPERA!

WEB HOSTING & MANAGEMENT SERVICES

WEB HOSTING

DOMAIN NAME & SSL CERTIFICATE

CONTENT MANAGEMENT SYSTEM (CMS) MAINTENANCE

SECURITY & BACKUPS

PERFORMANCE OPTIMIZATION

TECHNICAL SUPPORT

CONTENT UPDATES

SOCIAL MEDIA MANAGEMENT & CONTENT CREATION

TWO CHANNEL MANAGEMENT

CONTENT CREATION
Graphic Design
Video Production
Photography
Community and Story Polls

COMMUNITY MANAGEMENT

REPORTING & ANALYTICS

*Ad buy and print costs not included
Total Cost: $114,000.00
These services will ensure the management of the Coachella Prospera social channels and project website to inform residents and business owners of its many benefits, highlighting recreational resources, zero-emission transportation, affordable housing, urban forests, solar programs, and infrastructure. The estimated cost covers services from DeAztlan Consulting from October, 2024 to October 2025. 1

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WEB HOSTING & MANAGEMENT SERVICES
TASK 1: WEB HOSTING
- Regularly monitor hosting performance to ensure server stability and reliability. - Perform upgrades or changes to hosting plans as needed to accommodate traffic increases - Ensures the website remains accessible and performs well under varying traffic loads. - Evaluate hosting performance quarterly; consider scalability options for future needs.

TASK 2: DOMAIN RENEWAL & SSL CERTIFICATE
- Renew the domain name and SSL certificate annually or as needed. - Monitor SSL certificate expiration dates and renew them promptly to maintain website security. - Set up automated reminders for renewals; verify SSL installation post-renewal for any issues.

TASK 3: CMS MAINTENANCE
- Regularly update the CMS (Content Management System) to the latest version, including core files and themes.
- Apply patches and updates to fix bugs and security vulnerabilities. - Test updates in a staging environment before applying them to the live site to avoid disruptions.

TASK 4: SECURITY & BACKUPS
- Conduct regular security scans to identify potential threats and vulnerabilities. - Perform automated and manual backups of the entire website, including databases and content. - Automate backups and store them in multiple locations; perform periodic test restores to ensure backup integrity.

TASK 5: PERFORMANCE OPTIMIZATION
- Monitor and optimize website speed, load times, and server response rates. - Implement caching, image optimization, and other techniques to improve overall site performance. - Regularly review performance metrics and adjust optimization strategies as needed.

TASK 6: TECHNICAL SUPPORT
- Provide ongoing technical support for any website-related issues, including server errors, bugs, and downtime.
- Troubleshoot and resolve problems to maintain optimal functionality and user experience.

TASK 7: CONTENT UPDATES
- Update and manage website content regularly, including text, images, and multimedia elements. - Ensure all content is relevant, up-to-date, and aligned with the city's communication strategies. - Coordinate with city departments for content input; ensure content meets accessibility standards. 2

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PROJECT SCHEDULE
Month Task Due Date Frequency

OCTOBER
Web Hosting Review 10/04/2024 Quarterly
CMS Maintenance 10/05/2024 Monthly
Security & Backups 10/11/2024 Weekly
Performance Optimization 10/12/2024 Weekly
Content Updates 10/18/2024 Bi-Weekly
Technical Support As needed As needed
Analytics & Reporting 10/25/2024 Monthly

NOVEMBER
Web Hosting Review 11/01/2024 Quarterly
Domain Renewal & SSL Certificate Check 11/02/2024 Annually CMS Maintenance 11/08/2024 Monthly
Security & Backups 11/09/2024 Weekly
Performance Optimization 11/15/2024 Weekly
Content Updates 11/22/2024 Bi-Weekly
Technical Support As needed As needed

DECEMBER
CMS Maintenance 12/06/2024 Monthly
Security & Backups 12/13/2024 Weekly
Performance Optimization 12/13/2024 Weekly
Content Updates 12/20/2024 Bi-Weekly
Technical Support As needed As needed
Analytics & Reporting 12/27/2024 Monthly
3

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This six-month sample project schedule ensures that the project is closely monitored and managed, allowing for effective decision-making, timely adjustments, and successful project outcomes. Adjustments can still be made based on project needs or evolving requirements during implementation.

Month Task Due Date Frequency

JANUARY
Web Hosting Review 01/03/2025 Quarterly
CMS Maintenance 01/08/2025 Monthly
Security & Backups 01/09/2025 Weekly
Performance Optimization 01/15/2025 Weekly
Content Updates 01/22/2025 Bi-Weekly
Technical Support As needed As needed

FEBRUARY
CMS Maintenance 02/03/2025 Monthly
Security & Backups 02/12/2025 Weekly
Performance Optimization 02/12/2025 Weekly
Content Updates 02/19/2025 Bi-Weekly
Technical Support As needed As needed
Analytics & Reporting 02/26/2025 Monthly
MARCH
Web Hosting Review 03/03/2025 Quarterly
CMS Maintenance 03/08/2025 Monthly
Security & Backups 03/09/2025 Weekly
Performance Optimization 03/15/2025 Weekly
Content Updates 03/22/2025 Bi-Weekly
Technical Support As needed As needed
4

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PROJECT BUDGET ALLOCATION
Task Cost
TASK 1: WEB HOSTING $4,000.00
TASK 2: DOMAIN RENEWAL & SSL CERTIFICATE $1,000.00
TASK 3: CMS MAINTENANCE $10,000.00
TASK 4: SECURITY & BACKUPS $4,500.00
TASK 5: PERFORMANCE OPTIMIZATION $5,000.00
TASK 6: TECHNICAL SUPPORT $6,500.00
TASK 7: CONTENT UPDATES $11,000.00
TOTAL $42,000.00
5

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PROJECT DELIVERABLES

The proposed services ensure that all aspects of the Coachella Prospera project website's maintenance are regularly reviewed and updated, keeping the site secure, functional, and optimized for all residents of the City of Coachella. The proposed budget covers services from DeAztlan Consulting from October 1, 2024, through October 1, 2025.
6 Task Description
TASK 1: WEB HOSTING SETUP & REVIEW
Ensure web hosting is configured correctly and meets performance needs.

Conduct quarterly reviews to evaluate hosting requirements TASK 2: DOMAIN RENEWAL & SSL
Renew domain name and SSL certificate to maintain secure and continuous website access.

TASK 3: CMS MAINTENANCE UPDATES
Regular updates to the CMS core, themes, and plugins to ensure security and functionality.

TASK 4: SECURITY AUDIT & BACKUPS
Perform weekly security audits and backups of the website to ensure data protection and recovery capabilities.

TASK 5: PERFORMANCE OPTIMIZATION
Conduct performance optimization checks and provide a report on website speed, load times, and areas for improvement.

TASK 6:TECHNICAL SUPPORT
Ongoing technical support to troubleshoot and resolve website issues promptly.

TASK 7: CONTENT UPDATE
Regular updates to website content, including news, events, and community information to keep the site current and engaging.

TASK 8: SEO & ANALYTICS REPORT
Monthly review of SEO performance and website analytics to assess traffic, user engagement, and SEO effectiveness.

TASK 9: ANNUAL MAINTENANCE REVIEW
Comprehensive review of all maintenance activities, performance, and outcomes over the past year, with planning for the next cycle.

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SOCIAL MEDIA MANAGEMENT & CONTENT CREATION
TASK 1: TWO CHANNEL MANAGEMENT
- Develop and execute a social media strategy for both channels to align with city goals. - Schedule and manage posts to ensure consistent messaging and brand voice. - Monitor trends and adjust strategies to stay relevant and effective.

TASK 2: CONTENT CREATION
- Create visually engaging graphics for posts, stories, and campaigns that align with the city’s branding and objectives. This includes designing event promotions, informational posts, and other visual content.
- Develop short, engaging videos, such as event recaps, community highlights, and informational clips, optimized for social media platforms to increase engagement and reach. - Conduct photoshoots to capture high-quality images of any upcoming projects, events, and activities. These images will be used in social media posts to visually represent the Coachella Prospera ethos.
- Plan and schedule all content creation activities in advance to ensure a steady flow of engaging content throughout the month.
- Create interactive content like polls and quizzes to engage followers. - Use feedback to improve content and better connect with the community.

TASK 3: COMMUNITY MANAGEMENT
- Respond to comments, messages, and mentions promptly. - Engage with followers and manage online interactions to foster a positive community.

TASK 4: REPORTING, ANALYTICS, & STRATEGY REVIEW
- Analyze social media performance data and prepare monthly reports. - Conduct quarterly reviews to refine strategies based on data insights and trends. - Adjust strategies to improve engagement and reach.

TASK 5: ANNUAL REVIEW & FUTURE PLANNING
- Evaluate the year’s social media efforts, highlighting successes and areas for improvement. - Plan strategies and set new goals for the coming year based on insights and trends. 7

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PROJECT SCHEDULE
Month Task Due Date

OCTOBER
Project Kickoff & Strategy Development 10/15/2024
Content Creation Begins 10/31/2024
Two Channel Management Begins 10/31/2024
Content Posting Starts 10/31/2024

NOVEMBER
Community & Story Polls 11/15/2024
Community Management 11/30/2024
Reporting & Analytics 11/30/2024
Content Posting Throughout

DECEMBER
Community & Story Polls 12/15/2024
Content Creation for Q1 2025 12/31/2024
Reporting & Analytics 12/31/2024
Content Posting Throughout
8

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The sample project schedule details a six-month plan for managing Instagram and Facebook social media channels for the Coachella Prospera project. The schedule ensures a consistent flow of engaging content, regular community interaction, and data-driven strategy adjustments to optimize social media performance and achieve the city’s communication goals.

Month Task Due Date

JANUARY
Quarterly Strategy Review 01/31/2025
Content Posting Throughout
Community & Story Polls 01/31/2025
Community Management 01/31/2025

FEBRUARY
Content Creation & Management 02/28/2025
Reporting & Analytics 02/28/2025
Content Posting Throughout
MARCH
Content Creation for Q2 2025 03/31/2025
Community Engagement & Story Polls 03/31/2025
Quarterly Strategy Review 03/31/2025
Content Posting Throughout
9

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PROJECT BUDGET ALLOCATION
Task Cost
TASK 1: TWO CHANNEL MANAGEMENT $12,000.00
TASK 2: GRAPHIC DESIGN $15,000.00
TASK 3: VIDEO PRODUCTION $26,000.00
TASK 4: PHOTOGRAPHY $9,000.00
TASK 5: COMMUNITY MANAGEMENT $7,000.00
TASK 6: REPORTING, ANALYTICS, & STRATEGY $3,000.00
TOTAL $72,000.00
10

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PROJECT DELIVERABLES

The proposed services include developing a comprehensive social media strategy, creating engaging content (graphics, videos, and photos), and maintaining active community engagement through interactive polls and prompt responses. Additionally, the project involves regular performance reporting and data analysis to refine strategies and optimize reach and engagement. *Average monthly project deliverables DeAztlan Consulting will develop and manage the Coachella Prospera social media channels and project website, with the goal of informing current and potential residents and business owners about the benefits of Coachella Prospera. The proposed services below are for a one-year project timeline from October 1, 2024, through October 1, 2025; with a year-on-year renewal option for five years. This proposal is subject to a five percent fee increase for each new year. Each yearly contract extension must be mutually agreed upon by both parties, DeAztlan Consulting and the City of Coachella 11 Task Description
TASK 1: TWO CHANNEL MANAGEMENT
Social Media Strategy Document
Content Calendar
TASK 2: CONTENT CREATION
Ten monthly graphics for social media posts and campaigns.

Four monthly 0:15-0:30 videos optimized for social media engagement.

High-quality images captured during scheduled and organized project events.

Two interactive monthly community polls for Instagram and Facebook.

TASK 3: COMMUNITY MANAGEMENT
Community Engagement Report
TASK 4: REPORTING & ANALYTICS
Monthly Performance Report
Quarterly Strategy Review Report

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1 STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Ordinance No. 1216 approving Change of Zone (CZ) No. 24-07 2 nd
Reading to pre-zone 51 parcels currently in unincorporated Riverside County “Pocket 7” to City of Coachella zoning designations of Residential Estate (R-E) and General Commercial (C-G); Applicant: City of Coachella (Second Reading)

STAFF RECOMMENDATION
Staff recommends that the City Council adopt Ordinance No. 1216 approving Change of Zone No. 24-07 for the pre-zoning of 51 assessor parcels to City of Coachella zoning designations of Residential Estate (R-E) and General Commercial (C-G) located in the area generally bounded by Jackson Street on the west, approximately 0.25 mile north of 51st Avenue on the north, Calhoun Street on the east, and 52nd Avenue on the south.

EXECUTIVE SUMMARY:

The City of Coachella has initiated the above referenced change of zone in conjunction with the proposed annexation to the City of Coachella of the Pocket 7 area. The pre-zoning of the parcels is a pre-cursor to the submittal of the annexation request to the Riverside Local Agency Formation Commission. (LAFCO). The subject area is illustrated on the exhibits below :

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2 The area consists of a combination of vacant properties, agricultural uses and single-family homes on large lots. A commercial use, Forest Lawn-Coachella, is located at the NE corner of Avenue 52 and Jackson Street. The area also includes the Old Polo Estate event facility and the Rancho 51 Date Garden. The project area also includes three parcels that are in Agricultural Preserves as shown on the exhibit below. The City of Indio is located adjacent to the subject area, west of Jackson Street. An aerial photograph of the subject area is shown below.

Figure 1: Aerial of Pocket 7 Area
BACKGROUND:

The above referenced area was added to the City’s General Plan Planning area in 2023 through a General Plan Amendment. The majority of the planning area was designated Estate Rancho while a small area at the Northeast corner of Avenue 52 and Jackson (Forest Lawn-Coachella) was designated Suburban Retail District as shown on the exhibit below.

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3 Figure 2: General Plan Land Use Designations and Sphere of Influence The pre-zoning of the subject area to Residential Estate (R-E) and General Commercial (C-G) will implement the Estate Rancho and Suburban Retail District General Plan designations within the City zoning code.

Consistency with the Riverside County and City of Coachella General Plan The project area is within the Estate Density Residential and the Commercial Retail Riverside County General Plan land use designations. City of Coachella land use designations include Estate Rancho and the Suburban Retail General Plan land use designations. The Estate Rancho designation accommodates low intensity residential development in an estate or low-density suburban format. These areas are generally located on the outside edges of the City of Coachella and serve as a transition zone between more dense residential areas and the rural and agricultural landscape surrounding the City. The Estate Rancho land use designation is a new land use designation that was created in 2023 to match the existing County general plan designation because there was not a direct match for this density. Recent State legislation mandates that if there is a conflict in residential density between the General Plan and zoning, the higher density shall prevail

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4 (not necessarily the General Plan). The Estate Rancho designation allows up to 2.2 du/ac (1 unit per 20,000 square feet) while the existing County General Plan designation allows 0.5 du/ac. The City Estate Rancho designation would allow a density of 1.2 to 2 du/ac.

The Suburban Retail designation at the southeast corner of Avenue 52 and Jackson Street is intended to provide a concentration of retail business “large format” retailers in a setting that accommodates the parking requirements of such businesses. Allowed land uses for the Suburban Retail designation primarily include retail and services, sometimes with commercial uses on upper floors with a density of 0.35 to 1.0 FAR. This site currently exists as Forest Lawn-Coachella.

Figures 3 and 4: County and City General Plan designations

County General Plan City General Plan
Consistency with Zoning
The project area is currently within unincorporated Riverside County and includes zoning of A-1, Light Agriculture, A-1-20, Light Agriculture with a 20-acre minimum lot size and CPS, Scenic Highway Commercial (Figure 6).

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5 Figure 6: Riverside County Zoning for Pocket 7
The proposed Residential Estate Zoning and General Commercial zoning would be consistent with the current County of Riverside zoning.

Environmental Analysis
The City has determined that analyses of project environmental effects has been provided through use of an Addendum that was adopted as Environmental Assessment No. 23-03 by the City Council on July 2, 2023 prepared in association with a General Plan Amendment that established General Plan land uses for the subject properties and that none of the conditions set forth in Public Resources Code Section 21166 or Section 15162 of the State CEQA Guidelines requiring preparation of a subsequent or supplemental EIR have been met. 1) There are no substantial changes to the project that would require major revisions of the certified 2015 Program EIR or the Addendum due to new significant environmental effects or a substantial increase in severity of impacts identified in the 2015 Program EIR or the Addendum; 2) Substantial changes have not occurred in the circumstances under which the project is being undertaken that will require major revisions to the certified 2015 Program EIR or the Addendum to disclose new significant environmental effects or that would result in a substantial increase in severity of impacts identified in the 2015 Program EIR; and 3) There is no new information of substantial importance that was not known at the time the 2015 Program EIR or the Addendum was certified, indicating any of the following:

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6 • The project will have one or more new significant effects not discussed in the 2015 Program EIR or the Addendum.
• There are impacts determined to be significant in the 2015 Program EIR or the Addendum that would be substantially more severe; and
• There are additional mitigation measures or alternatives to the project that would substantially reduce one or more significant effects identified in the 2015 Program EIR or the Addendum; and
• There are additional mitigation measures or alternatives rejected by the project proponent that are considerably different from those analyzed in the 2015 Program EIR or the Addendum that would substantially reduce a significant impact identified in that EIR ALTERNATIVES:
1) Adopt Ordinance No. 1216 (2nd Reading) approving Change of Zone No. 24-07 to pre-zone the “Pocket 7” area consisting of 51 parcels currently in unincorporated Riverside County to City of Coachella zoning designations of Residential Estate (R-E) and General Commercial (C-G).
2) Deny Ordinance No. 1216.
3) Continue this item and provide staff with direction.

RECOMMENDED ALTERNATIVE(S):

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

1. Ordinance No. 1216 (2nd Reading) - Change of Zone No. 24-07 Exhibit A – Change of Zone Exhibit
Exhibit B – List of Assessor’s Parcel Numbers.

Item 11.
7

Item 11.

ORDINANCE NO. 1216

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA, APPROVAL OF
CHANGE OF ZONE NO. 24-07 THAT PROPOSES TO PREZONE 51 PARCELS TO RESIDENTIAL ESTATE AND

GENERAL COMMERCIAL, LOCATED WEST OF
CALHOUN STREET, SOUTH OF AVENUE 51, NORTH OF
AVENUE 52; AND EAST OF JACKSON STREET. CITY OF
COACHELLA, APPLICANT.

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 pre-rezone 51 parcels located east of Jackson Street. west of Calhoun Street, south of Avenue 51 and north of Avenue 52 implement the General Plan; and
WHEREAS, the Project is permitted pursuant to the Coachella Municipal Code, for a Change of Zone; and,
WHEREAS, the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and,
WHEREAS, the proposed area is adequate in size and shape to accommodate the proposed zoning and,
WHEREAS, the City has processed said application pursuant to Title 17 of the Coachella Municipal Code, and the California Environmental Quality Act of 1970 as amended; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, it was determined that the prior EIR prepared for the 2015 General Plan Update and 2023 General Plan Addendum was sufficient and that no additional analysis is required for the proposed prezoning; and, WHEREAS, the proposed pre-zoning as stipulated by the City is necessary to protect the public health, safety and welfare of the community.

WHEREAS, on October 2, 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.

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WHEREAS, on October 23, 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.

SECTION 2. Consistency with City of Coachella General Plan. The proposed change of zone is consistent with the City of Coachella General Plan land use designations. The subject area will allow for the pre-zoning of Residential Estate (R-E) and General Commercial (G-C) development in a manner consistent with the Estate Rancho and Suburban Retail land use designations of the general plan. 2. The site is physically suitable for the proposed zoning designations. The proposed zoning will provide for land uses consistent with the Residential Estate and General Commercial zoning designations.

SECTION 3. CEQA Analysis. The City has determined that analyses of project environmental effects are best provided through use of an Addendum that was adopted as Environmental Assessment No. 23-03 by the City Council on July 2, 2023 prepared in association with a General Plan Amendment that established General Plan land uses for the subject properties and that none of the conditions set forth in Public Resources Code Section 21166 or Section 15162 of the State CEQA Guidelines requiring preparation of a subsequent or supplemental EIR have been met. 1) There are no substantial changes to the project that would require major revisions of the certified 2015 Program EIR or the Addendum due to new significant environmental effects or a substantial increase in severity of impacts identified in the 2015 Program EIR or the Addendum; 2) Substantial changes have not occurred in the circumstances under which the project is being undertaken that will require major revisions to the certified 2015 Program EIR or the Addendum to disclose new significant environmental effects or that would result in a substantial increase in severity of impacts identified in the 2015 Program EIR; and 3) There is no new information of substantial importance that was not known at the time the 2015 Program EIR or the Addendum was certified, indicating any of the following:
 The project will have one or more new significant effects not discussed in the 2015 Program EIR or the Addendum.
 There are impacts determined to be significant in the 2015 Program EIR or the Addendum that would be substantially more severe; and
 There are additional mitigation measures or alternatives to the project that would substantially reduce one or more significant effects identified in the 2015 Program EIR or the Addendum; and
 There are additional mitigation measures or alternatives rejected by the project proponent that are considerably different from those analyzed in the 2015 Program EIR or the Addendum that would substantially reduce a significant impact identified in that EIR

Item 11.

SECTION 4. Amendment to City of Coachella Zoning Map is hereby amended as identified in Change of Zone No. 24-07 Exhibit A and including parcel numbers in Exhibit B.

SECTION 5. 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 6. 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 11.

PASSED, APPROVED, AND ADOPTED this 13th of November, 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 11.
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Source:CityofCoachellaand
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forthemostup-to-date
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Legend
Pocket7LineBoundary
CityBoundary
SphereofInfluence(LAFCO)
GeneralPlanPlanningArea
TribalLand
PlannedUnitDevelopment
Legend
RuralRancho(R-R)
SuburbanNeighborhood(S-N)
MobileHome(R-MH)
GeneralNeighborhood(G-N)
UrbanNeighborhood(U-N)
NeighborhoodCommercial(C-N)
GeneralCommercial(C-G)
RegionalCommercial(R-C)
DowntownTransition(TR-PV)
Downtown(DT-PV)
ResortDistrict(R-D)
UrbanEmployment(U-E)
ManufacturingService(M-S)
HeavyIndustrial(M-H)
WreckingYard(M-W)
OpenSpace(O-S)
SpecificPlan
ResidentialEstate(R-E)
ResidentialEstate
General
Neighborhood
General
Neighborhood
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Commercial
Rural
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Item 11.

Exhibit B - Ordinance No. 1216
Assessor Parcel Numbers:
779330003, 779330005, 779330008, 779330015, 779330018, 779330006, 779330002, 779330007, 779330012, 779330017, 779330020, 779350003, 779330004, 779330014, 779330019, 779330010, 779330013, 779330001, 779330009, 779330011, 779350001, 779350007, 779350010, 779350002, 779350008, 779350011, 779330016, 779350004, 779350005, 779350006, 779350012, 779310009, 779310008, 779310013, 779310001, 779310003, 779310004, 779310012, 779310014, 779310015, 779310019, 779310006, 779310017, 779310002, 779310007, 779310016, 779310018, 779310005, 779310010, 779310011, 779350009

Item 11.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Director
SUBJECT: Resolution No. 2024-60 A Resolution of the City Council of The City of Coachella Authorizing the City of Coachella to Enter into an Agreement with the State of California Department of Water Resources to Receive Funds for the Support of a Stannous Chloride Pilot Project and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Coachella STAFF RECOMMENDATION:

Authorize Resolution No. 2024-60 A Resolution of the City Council of The City of Coachella Authorizing the City of Coachella to Enter into an Agreement with the State of California Department of Water Resources to Receive Funds for the Support of a Stannous Chloride Pilot Project and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Coachella
BACKGROUND:

The City of Coachella, is a general-law City that provides water service through the Coachella Water Authority (CWA), a joint powers authority formed as a component of the City of Coachella and the Housing Authority of the City of Coachella, and manages municipal wastewater in its service area through its subsidiary Coachella Sanitary District. The City was incorporated in 1946 and encompasses approximately 32 square miles and has a sphere of influence that encompasses 53 square miles in the eastern Coachella Valley approximately 40 miles south of Palm Springs, California.

Coachella Water Authority has one principal source of water supply, local groundwater pumped from CWA owned and operated wells. There are currently six (6) wells within the City’s distribution system; of which, all six (6) wells are currently operational. The total pumping capacity of active wells is approximately 11,400 gallons per minute (gpm) or 16.5 million gallons per day (MGD). CWA has three (3) storage reservoirs within the City, with a total reservoir storage capacity of approximately 10.5 MG. In addition, CWA operates two booster pumping stations.

CWA’s distribution system network consists of approximately 120 miles of pipeline, which range from 4‐inches to 36‐inches in diameter. The current system serves approximately 9,000 residential and commercial customers.

Item 12.

Chromium is naturally occurring constituent in the Coachella Valley groundwater. In 2014, California’s Division of Drinking Water (DDW) established a hexavalent chromium (Cr6) maximum contaminant level (MCL) of 10 ug/L. DDW retracted the Cr6 MCL in September 2017 because it was determined the Water Board “failed to demonstrate Cr6 compliance as economically feasible.” In March 2022, DDW proposed a draft MCL of 10 ug/L for Cr6.

CWA currently has 6 active groundwater wells, all of which have Cr6 concentrations above the proposed MCL. In 2016 the City completed the Coachella Water Authority Hexavalent Chromium Treatment Facilities Project Basis of Design Report. In 2022 the City through work performed via the Coachella Valley Water District analyzed the following: 1) Cr6 reduction using SnCl2 (0.5 mg/L dose as Sn) in a chlorinated system (0.5 mg/L as free Cl2).

In April of 2023, the City wrote a letter to Assemblymember Garcia and Senator Padilla to request a $500,000 appropriation through the 2023-2024 State Budget to help the city finance a pilot demonstration project on the efficacy of stannous chloride to lower levels of hexavalent chromium 6 (Chromium - 6) in the city’s drinking water. With the State Water Resources Control Board (“Water Board”) expected to issue a new chromium-6 drinking water standard later this year, a pilot study demonstrating the efficacy of stannous chloride is the city’s only viable path at being able to afford the cost of complying with the forthcoming choromium-6 standard.

On October of 2023, the City of Coachella received a direct-action grant from the legislature for the $500,000 for the Support of a Stannous Chloride Pilot Project. On January of 2024, the funding for AB 102 CS 19.56 earmark was frozen due to state’s budget shortfall, any work on the funding agreement for the earmark and work associated with it was put on hold with funding paused pending budget discussions. CWA received notification on February of 2024 from the Division of Fiscal Services that the earmark funding for the AB 102 Budget Act CS 19.56, which was frozen due to the State’s budget shortfall, was reinstated and work would further proceed to continue.

The City of Coachella is currently working with the California Department of Water Resources Division of Regional Assistance, Financial Assistance Branch on finalizing the Funding Agreement to receive the funds. To finalize the Funding Agreement an Authorizing Resolution is required.

FISCAL IMPACT:

None

Item 12.

RESOLUTION NO. 2024-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA AUTHORIZING THE CITY OF COACHELLA

TO ENTER INTO AN AGREEMENT WITH THE STATE OF

CALIFORNIA DEPARTMENT OF WATER RESOURCES TO

RECEIVE FUNDS FOR THE SUPPORT OF A STANNOUS

CHLORIDE PILOT PROJECT AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT ON

BEHALF OF THE CITY OF COACHELLA
WHEREAS, the July 2023 Assembly Bill 102 designated $500,000 in funding to the City of Coachella for its Support of a Stannous Chloride Pilot Project, a “Project” which may include a testing program and evaluation of a water treatment process utilizing stannous chloride and potentially other alternative treatment processes to remove Chromium- 6 from groundwater to levels sufficiently below the proposed State of California’s MCL of 10 ppb. (collectively, the “Project”); and
WHEREAS, the responsibility for the administration of the fund, including establishing the necessary procedures for disbursement of the fund, to the California Department of Water Resources (“CDWR”); and
WHEREAS, the City agrees that the funds should be allocated by CDWR to the City of Coachella and
WHEREAS, CDWR requires a resolution from the City of Coachella authorizing the City of Coachella to enter into an agreement with CDWR to receive funds and to authorize the City Manager to execute the agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES HEREBY RESOLVE AND FIND AS FOLLOWS:

Authorizes the City of Coachella to enter into an agreement with the State of California Department of Water Resources to receive $500,000 in funding for its Support of a Stannous Chloride Pilot Project and authorizes the City Manager, or designee to execute the agreement, any amendments thereto; and to submit any required documents, invoices, and reports required to obtain State funds.

PASSED, APPROVED, and ADOPTED this 13th day of November 2024.

Item 12.

Resolution No.2024-60

Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-60 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of November 2024, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
___________________________________

Item 12.

FUNDING AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

CITY OF COACHELLA
AGREEMENT NUMBER 4600016049
THIS FUNDING AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" and the City of Coachella, a municipal agency>, in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Funding Recipient," which parties do hereby agree as follows:

1. PURPOSE. State shall provide funding from the Budget Act of 2023 (Stats. 2023, ch. 38, § 258) to Funding Recipient to assist in financing the Support of a Stannous Chloride Pilot Project (Project).

2. TERM OF FUNDING AGREEMENT. The term of this Funding Agreement begins on the date this Funding Agreement is initially executed by the State, through Final Project Completion Report plus three (3) years unless otherwise terminated or amended as provided in this Agreement.

3. FUNDING AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $500,000.

4. DISBURSEMENT OF FUNDS. State will disburse to Funding Recipient the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Funding Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to Funding Recipient under this Funding Agreement shall be used solely to pay Eligible Project Costs.

5. ELIGIBLE PROJECT COST. Funding Recipient shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction.

Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs that are not eligible for reimbursement or payment include but are not limited to the following items:

A. Purchase of equipment not an integral part of the Project.

B. Purchase of water supply not an integral part of the Project.

C. Replacement of existing funding sources for ongoing programs.

D. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of the Project, as set forth and detailed by engineering and feasibility studies.

E. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.

6. METHOD OF PAYMENT. State will disburse the whole of State funding to Funding Recipient. The Funding Recipient shall submit one or more certified invoices, transmitted via electronic/digital signature system (e.g., DocuSign) or, via U.S. mail or Express mail delivery of a “wet signature.” State will notify Funding Recipient, in a timely manner, whenever, upon review of the Invoice(s), State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to State. Funding Recipient shall, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies).

Invoices submitted by Funding Recipient shall include the following information:

Item 12.

Funding Agreement No. 4600016049

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the implementation of the Project.

C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i. Invoices must contain the date of the invoice and the time period covered by the invoice. ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, time sheets) must be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs incurred during that time period. v. Each invoice shall contain the signature and date via electronic/digital signature system (e.g., DocuSign) of Funding Recipient’s Project Representative. The invoice shall be certified and transmitted via electronic/digital signature system (e.g., DocuSign) or, via U.S. mail or Express mail delivery to the State’s Project Manager.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Funding Recipient shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources.

Any eligible costs for which the Funding Recipient is seeking State funding pursuant to this Agreement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ.

Code, §§ 1572-1573; Pen. Code, §§ 470, 489-490.)

7. DEFAULT PROVISIONS. Funding Recipient will be in default under this Funding Agreement if any of the following occur:

A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Funding Recipient and State evidencing or securing Funding Recipient’s obligations;
B. Making any false warranty, representation, or statement with respect to this Funding Agreement; C. Failure to operate or maintain Project in accordance with this Funding Agreement.

D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5.

E. Failure to submit timely progress reports.

F. Failure to routinely invoice State.

G. Failure to meet any of the requirements set forth in Paragraph 8, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Funding Recipient and shall give Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent

Item 12.

Funding Agreement No. 4600016049

via first-class mail to the Funding Recipient. If the Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following:
a. Declare the funding be immediately repaid at the time of the default. b. Terminate the Funding Agreement.
c. Take any other action that it deems necessary to protect its interests.

In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

8. CONTINUING ELIGIBILITY. Funding Recipient shall meet the following ongoing requirements (as applicable) to remain eligible to receive State funds:

A. An urban water supplier that receives state funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Water Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Water Code, § 10608 et seq.).

B. An agricultural water supplier receiving state funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code § 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR.

C. A surface water diverter receiving state funds shall maintain compliance with diversion reporting requirements as outlined in Part 5.1 of Division 2 of the Water Code.

D. Funding Recipient shall maintain continuing eligibility with the current Sustainable Groundwater Management Act (SGMA, Water Code §10720 et seq.) requirements as they come into effect.

E. If Funding Recipient is designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, Funding Recipient shall maintain reporting compliance, as required by Water Code §10932 and the CASGEM Program.

F. Funding Recipient shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Water. Code, § 12405, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Funding Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Funding Recipient advance written notice of such termination, allowing the Funding Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

9. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager, and shall be submitted via DWR’s “Grants Review and Tracking System” (GRanTS) or via e-mail. If requested, Funding Recipient shall promptly provide any additional information deemed necessary by State for the approval of reports.

Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds.

Item 12.

Funding Agreement No. 4600016049

A. Annual Progress Reports: Funding Recipient shall submit Annual Progress Reports to meet the State’s requirement for disbursement of funds. Annual Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload, or or via e-mail to the State’s Project Manager. Annual Progress Reports shall, at a minimum, provide a brief description of the work performed, Funding Recipients activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Annual Progress Report should be submitted to the State no later than one year after the execution of the Agreement with future reports then due on successive year increments based on the first Annual Progress Report submittal date, with the exception of the final Annual Progress Report which may also serve as the Project Completion Report and can extend beyond a year-long increment to account for Project closeout information.

B. Project Completion Report: Funding Recipient shall prepare and submit to State a Project Completion Report, either separately or as part of the final Annual Progress Report. Funding Recipient shall submit the Project Completion Report within ninety (90) calendar days of Project completion. The Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, and copies of any final documents or reports generated or utilized during the Project.

10. NOTIFICATION OF STATE. Funding Recipient shall promptly notify State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Funding Recipient agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Funding Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Funding Recipient agrees to implement appropriate actions as directed by the State.

C. The initiation of any litigation or the threat of litigation against the Funding Recipient regarding the Project or that may affect the Project in any way.

11. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding Agreement shall be in writing.

A. Notices may be transmitted by any of the following means:
i. By delivery in person.
ii. By certified U.S. mail, return receipt requested, postage prepaid. iii. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.
iv. By electronic means.

B. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

Item 12.

Funding Agreement No. 4600016049

12. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Funding Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236-0001
Phone: 916-902-6713
Email: [email protected]
<Name of Agency>
<Name>
<Title>
<Mailing Address>
<Phone>
<e-mail>
Direct all inquiries to the Project Manager:

Department of Water Resources
Ted Daum
Senior Environmental Scientist
P.O. Box 942836
Sacramento, CA 94236-0001
916-902-7800
[email protected]
<Name of Agency>
<Name>
<Title>
<Mailing Address>
<Phone>
<e-mail>
Either party may change its Project Representative or Project Manager upon written notice to the other party.

13. STANDARD PROVISIONS AND INTEGRATION. This Funding Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Funding Agreement by this reference:

Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Exhibit G – State Audit Document Requirements for Funding Recipients

Item 12.

Funding Agreement No. 4600016049

IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
______________________________
Arthur Hinojosa
Manager, Division of Regional Assistance
Date__________________________
<NAME OF AGENCY>
______________________________
<name>
<title>
Date__________________________
Approved as to Legal Form and Sufficiency
______________________________
Robin Brewer, Assistant General Counsel
Office of the General Counsel
Date__________________________
Approved as to Legal Form and Sufficiency (if
applicable)
______________________________
<name>
<title>
Date__________________________

Item 12.

Funding Agreement No. 4600016049

EXHIBIT A

WORK PLAN
PROJECT: Support of a Stannous Chloride Pilot Project
IMPLEMENTING AGENCY: City of Coachella
PROJECT DESCRIPTION: Brief description of project – one to two paragraphs.

Budget Category A: Administration
Task A.1: Agreement Administration
The Funding Recipient will respond to DWR’s reporting and compliance requirements associated with the agreement administration and will coordinate with the Project managers responsible for implementing the Project. The Funding Recipient will be responsible for compiling invoices for submittal to DWR.

Deliverables
 Annual Invoices and associated backup documentation
Task A.2: Reporting
The Funding Recipient will be responsible for compiling progress reports for submittal to DWR. The Funding Recipient may retain consultants as needed to prepare and submit progress reports and final project completion report, as well as the funding agreement completion report.

Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement.

Deliverables
 Documentation (e.g., photo) of "Acknowledgment of Credit" per Standard Condition D.2  Annual Progress Reports
 Final Funding Agreement Completion Report
Budget Category B: Permitting and Environmental Documentation Identify required environmental and regulatory permits for the Project and obtain required permits..

Deliverables
 All applicable CEQA documentation.
 Copies of permits as required.

Budget Category C: Planning and Design - EXAMPLE
Task C.1: Preliminary Design Engineering Services
(Example) Prepare preliminary water well siting feasibility study and detailed site study, including land use considerations, hydraulic analysis, consideration of alternative piping alignment, permitting requirements, infrastructure considerations, and cost analysis.

Item 12.

Funding Agreement No. 4600016049

Deliverables
 Water Well Siting Feasibility Report
 Preliminary Engineering Design Report
Task C.2: Final Design Engineering Services
Prepare relevant 65%, 95% and 100% level construction drawings and technical specifications. Prepare Stormwater Pollution Preventions Plan (SWPPP) and Water Quality Management Plan (WQMP), if applicable.

Prepare recommended construction schedule.

Deliverables
 100% Design (Plans/Specs/Engineer’s Estimate)
 SWPPP and WQMP (If applicable)
 Construction Schedule
Budget Category D: Construction (as applicable) - EXAMPLE Task D.1: Construction Administration
Manage contractor submittal review, answer requests for information, and issue work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties may include, but are not limited to: documenting of pre-construction conditions, daily construction on-site inspections of construction activities, preparing owner change orders, addressing questions of contractors on site via Request for Information or Request for Clarification, coordination of specialty inspection and testing, reviewing/updating project schedule, reviewing contractor log submittals and progress payment requests, notifying Contractor if work is not acceptable.

Deliverables
 Bid Documents
 Notice of Advertisement
 Notice of Award
 Fully executed Contract
 Purchase Order
 Notice to Proceed
Task D.2: Construction Activities
Construction activities are outlined below.
11(a): Mobilization and Demobilization <Add applicable detail> 11(b): Site preparation will include <Add applicable detail> 11(c): Install, construct, excavate <Add applicable detail> 11(d): Improve <Add applicable detail>
Deliverables
 Notice of Completion

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Funding Agreement No. 4600016049

 Record Drawings

EXHIBIT B
BUDGET
PROJECT: Support of a Stannous Chloride Pilot Project
Budget Category State Funds Agency Cost Total Project
Cost
A: Administration
B: Permitting and Environmental
Documentation
C: Planning and Design
D: Construction
Total $500,000

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EXHIBIT C

SCHEDULE
PROJECT: Support of a Stannous Chloride Pilot Project

DESCRIPTION START FINISH
A: Administration
B: Permitting and Environmental Documentation
C: Planning and Design
D: Construction

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Funding Agreement No. 4600016049

EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Funding Recipient shall account for the money disbursed pursuant to this Funding Agreement separately from all other Funding Recipient funds.

Funding Recipient shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Funding Recipient shall keep complete and accurate records of all receipts, disbursements, and any interest earned on expenditures of such funds. Funding Recipient shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a separate account, administered, and accounted for pursuant to the provisions of applicable law.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Funding Recipient shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Funding Recipient’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the California State Budget Act of 2022 and through an agreement with the State Department of Water Resources.” The Funding Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law.

Requests by the Funding Recipient for amendments must be in writing stating the amendment request and the reason for the request.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Funding Recipient assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Funding Recipient to conduct a final audit to State’s specifications, at Funding Recipient’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 7 or take any other action it deems necessary to protect its interests.

The Funding Recipient agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Funding Recipient shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Funding Recipient or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

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D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Funding Recipient or to furnish any other considerations under this Funding Agreement and Funding Recipient shall not be obligated to perform any provisions of this Funding Agreement.

Nothing in this Funding Agreement shall be construed to provide Funding Recipient with a right of priority for payment over any other Funding Recipient. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to the State, or offer a Funding Agreement amendment to Funding Recipient to reflect the reduced amount.

D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Funding Recipient is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 7.

D.8. CHILD SUPPORT COMPLIANCE ACT: The Funding Recipient acknowledges in accordance with Public Contract Code section 7110, that:

A. The Funding Recipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Funding Recipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.9. CLAIMS DISPUTE: Any claim that the Funding Recipient may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Funding Recipient’s knowledge of the claim. State and Funding Recipient shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Funding Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Funding Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-LegalServices-Resources-List-Folder/State-Contracting.

D.11. COMPUTER SOFTWARE: Funding Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

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D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelvemonth period prior to his or her leaving State service.

C. Employees of the Funding Recipient: Employees of the Funding Recipient shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Funding Recipient: Individuals working on behalf of a Funding Recipient may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Funding Recipient agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. DISPOSITION OF EQUIPMENT: Funding Recipient shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Funding Recipient with a list of the items on the inventory that State will take title to. All other items shall become the property of Funding Recipient. State shall arrange for delivery from Funding Recipient of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Funding Recipient, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:

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i. The dangers of drug abuse in the workplace,
ii. Funding Recipient’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Funding Recipient’s drug-free policy statement, and ii. Will agree to abide by terms of Funding Recipient’s condition of employment, contract or subcontract.

D.16. EASEMENTS: Where the Funding Recipient acquires property in fee title or funds improvements to real property already owned in fee by the Funding Recipient or improved using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Funding Recipient acquires an easement under this Agreement, the Funding Recipient agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement acceptable to the State may result in termination of this Agreement.

D.17. FUNDING RECIPIENT'S RESPONSIBILITIES: Funding Recipient and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Funding Recipient in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Funding Recipient shall provide copies of permits and approvals to State.

G. Be solely responsible for design, construction, and operation and maintenance of the Project within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Funding Recipient under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Funding Recipient shall be responsible for any and all disputes arising out of its

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contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Funding Recipient and any other entity concerning responsibility for performance of work.

D.18. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.19. INDEMNIFICATION: Funding Recipient shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Funding Recipient shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.20. INDEPENDENT CAPACITY: Funding Recipient, and the agents and employees of Funding Recipients, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.21. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Funding Recipient or take any other action it deems necessary to protect its interests.

D.22. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Funding Recipient shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.23. LABOR CODE COMPLIANCE: The Funding Recipient agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to payment from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.

For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Funding Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Funding Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.24. MODIFICATION OF OVERALL WORK PLAN: At the request of the Funding Recipient, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Funding Recipient to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

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D.25. NONDISCRIMINATION: During the performance of this Funding Agreement, Funding Recipient and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medical and family care leave or pregnancy disability leave.

Funding Recipient and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Funding Recipient and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Funding Recipient and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Funding Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

D.26. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.27. PERFORMANCE BOND: Where contractors are used, the Funding Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Funding Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.28. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Funding Recipient shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.29. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Funding Recipient shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Funding Recipient’s service of water, without prior permission of State. Funding Recipient shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Funding Recipient meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.30. PROJECT ACCESS: The Funding Recipient shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.31. REMAINING BALANCE: In the event the Funding Recipient does not submit invoices requesting all of the funds encumbered under this Funding Agreement, any remaining funds revert to the State. The State will notify the Funding Recipient stating that the Project file is closed, and any remaining balance will be disencumbered and unavailable for further use under this Funding Agreement.

D.32. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

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D.33. RIGHTS IN DATA: Funding Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Funding Recipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Funding Recipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.34. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

D.35. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Funding Recipient, its contractors, or subcontractors have made a false certification, or B. Funding Recipient, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.

D.36. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Funding Recipient shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.37. TERMINATION BY FUNDING RECIPIENT: Subject to State approval which may be reasonably withheld, Funding Recipient may terminate this Agreement and be relieved of contractual obligations. In doing so, Funding Recipient must provide a reason(s) for termination. Funding Recipient must submit all progress reports summarizing accomplishments up until termination date and repay all funds disbursed pursuant to this Agreement.

D.38. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 7, the State may terminate this Funding Agreement and be relieved of any payments should Funding Recipient fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 7.

D.39. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days advance written notice. The Funding Recipient shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.40. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.41. TIMELINESS: Time is of the essence in this Funding Agreement.

D.42. UNION ORGANIZING: Funding Recipient, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement.

Furthermore, Funding Recipient, by signing this Funding Agreement, hereby certifies that:

A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.

B. Funding Recipient shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.

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C. Funding Recipient shall, where State funds are not designated as described in (B) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Funding Recipient makes expenditures to assist, promote, or deter union organizing, Funding Recipient will maintain records sufficient to show that no State funds were used for those expenditures and that Funding Recipient shall provide those records to the Attorney General upon request.

D.43. VENUE: The State and the Funding Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Funding Recipient hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.44. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties hereto that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

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EXHIBIT E

AUTHORIZING RESOLUTION

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EXHIBIT F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

1. PROGRESS REPORTS
Progress reports shall generally use the following format. In general, wherever possible please use bulleted format. This format may be modified as necessary to effectively communicate information.

PROJECT STATUS
Briefly describe the work performed during the time period covered by the report including but not limited to:

PROJECT INFORMATION (as applicable)
 Legal matters
 Engineering Evaluations
 Environmental matters
 Status of permits, easements, rights-of-way, rights of entry and approvals as may be required by other State, federal, and/or local agencies
 Major accomplishments during the reporting period (i.e. tasks completed, milestones met, meetings held or attended, press releases, etc.)
 Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
 Identify key issues that need to be resolved
COST INFORMATION (as applicable)
 Provide a list showing all project costs incurred during the time period covered by the report by the Funding Recipient and each contractor working on the Project and which of these costs are Eligible Project Costs
 A brief discussion on how the actual budget is progressing in comparison to the project budget included in the Work Plan
 A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Work Plan SCHEDULE INFORMATION (as applicable)
 A schedule showing actual progress verses planned progress  A brief discussion on how the actual schedule is progressing in comparison to the original or last reported schedule
 A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task, if changed from latest reported schedule

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The Final Annual Report shall contain the following Project completion information and shall generally use the following format.

EXECUTIVE SUMMARY – Should include a brief summary of project information and include the following items:
 Brief description of work proposed to be done in the original application  Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
COSTS AND DISPOSITION OF FUNDS – A list of showing:
 The date each invoice was submitted to State
 The amount of the invoice
 The date the check was received
 The amount of the check (If a check has not been received for the final invoice, then state this in this section.)
 Summary of project cost including the following items:
o Accounting of the cost of project expenditure
o Include all internal and external costs not previously disclosed o A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate.

ADDITIONAL INFORMATION – Any relevant additional Information should be included.

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EXHIBIT G

STATE AUDIT DOCUMENT REQUIREMENTS FOR FUNDING RECIPIENTS The following provides a list of documents typically required by State Auditors and general guidelines for Funding Recipients. List of documents pertains to both State funding and details the documents/records that State Auditors would need to review in the event of this Funding Agreement is audited. Funding Recipients should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State payment requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Funding Recipient internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Project.

State Funding:

1. Original Funding Agreement, any amendment(s) and budget modification documents.

2. A listing of public funds received from the State.

3. A listing of all other funding sources for the Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Funding Recipient and other public agencies as related to the State funded Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Funding Agreement.

2. Documentation linking subcontractor invoices to State payment, requests and related Funding Agreement budget line items.

3. Payment requests submitted to the State for the Funding Agreement.

Cash Documents:

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1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Funding Agreement payment.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Funding Recipient’s personnel who provided services charged to the Project
Project Files:

1. All supporting documentation maintained in the Project files.

2. All Funding Agreement related correspondence.

Item 12.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Economic Development Director
SUBJECT: Approve Lease Agreement with Tata’s Bakery Company for the City-Owned Facility (Formerly the Sunline Bus Hub) Located at 790 Vine Avenue in the Downtown Pueblo Viejo District
STAFF RECOMMENDATION:

Staff recommends the City Council authorize the City Manager to execute a lease agreement between the City of Coachella and Tata’s Bakery Company for the 1,040 square foot building which was formerly the Sunline Transit Building located at 790 Vine Avenue in the Downtown Pueblo Viejo District and that the City Attorney can approve any minor changes to the lease agreement prior to its execution.

BACKGROUND:

On July 11, 2024, the City of Coachella Economic Development/Planning Subcommittee supported repurposing the vacant former Sunline Transit Building. The repurposing would be issuing a Request for Proposal (RFP) similar to that of the Utility Billing Building located at City Hall.

On October 1, 2024, the City of Coachella Economic Development Department issued a Request for Proposals (RFP) to solicit well-qualified business entities the opportunity to operate a 1,040 sq.ft. restaurant/retail business in the former Sunline Transit Building located in the Downtown Pueblo Viejo District. The objective was to provide a unique destination restaurant/café with a distinctive menu and experience that will cater to visitors of the Downtown Pueblo Viejo District and draw people to the area for a memorable experience. The RFP also provided economic development incentives to the well-qualified business in order to assist with startup costs. The deadline for proposals was October 31, 2024. As a result, the City only received one proposal.

Staff reviewed and evaluated the proposal received and qualified Tata’s Bakery Co. as an exceptional proposal based on the RFP requirements, conceptual design, marketing, customer service, related business experience and capital investment.

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Tata’s Bakery Co. will be a unique, American bakery with a soul rooted in Coachella’s vibrant Mexican heritage featuring baked goods and a sandwich deli, using fresh and locally sourced produce. Tata’s Bakery seeks to create a warm, inclusive and inviting environment by bringing people together through home-baked goods and delicious sandwiches. Tata’s Bakery Co. is slated to be a place for connection, celebration, and community.

DISCUSSION/ANALYSIS:

The proposed lease agreement will allow Tata’s Bakery Co. to function on an annual basis and provide economic development incentives that will allow for a successful start-up. The Lessee will be responsible for all tenant improvements; however, will be subsidized by the City with a reduced lease rate until the cost of the tenant improvements is recovered. The City will also waive all permitting/planning fees for the first year of operation. The lease rate will be $1.00/square foot, which shall equal to a $1,040/monthly payment to the City, once the cost of the tenant improvements are recovered. The anticipated cost of the tenant improvements are anticipated to be $216,500.

FISCAL IMPACT
If the City Council approves the staff recommendation, the lease agreement will yield annual revenue of $12,480.00 plus sales tax revenue, while providing a much-needed amenity to the Downtown Pueblo Viejo District.

ATTACHMENTS:

1. RFP – Building Lease of Former Sunline Transit Building

2. Tata’s Bakery Co. Proposal

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Site Address:
790 Vine Avenue
Coachella, CA 92236
Issued: October 1, 2024
Proposals Due: Thursday, October 31 , 2024 at 4:00 PM
53462 Enterprise Way, Coachella, CA 92236
Request for Proposals
City of Coachella
Building Lease

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1 Table of Contents
Section Page
I. Introduction 2
II. Invitation to Propose 2
III. Sunline Building Description 3
IV. Goal/Objectives 4
V. Proposal Requirements 5
VI. Lease Terms and Economic Development Incentives 7
VII. Instructions and Schedule for Submitting of Proposals 8 VIII. RFP Inquires 8
IX. Public Records 8
X. Evaluation Process and Selection Criteria 9
Exhibit “A” – Site Pictures 10
Exhibit “B” – Lease Agreement Template 13

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2 I. Introduction
The City of Coachella is known as the “City of Eternal Sunshine” and the “Gateway to the Salton Sea”, and along with its largely young, rural and family oriented demographics makes it one of the most appealing and up-and-coming areas in Southern California and the County of Riverside. The City of Coachella was incorporated on December 13, 1946. According to the 2010 U.S. Census and Southern California Association of Governments (SCAG), the City of Coachella has a population of over 46,000 people with forecasting numbers that indicate a population of 135,000 by 2035, making it the 2nd largest city in the Coachella Valley. The City has over 29 square miles of mix use zoning opportunities, such as agriculture, commercial retail, industrial and housing. This culturally rich and family oriented City has a median age of 24.5 years old with an average family size of

4.57/household.

II. Invitation to Propose
The City of Coachella is pleased to offer an exciting economic development opportunity for a well‐qualified business entity to operate within the 1,040 square foot old sunline station building located at the City Hall site on 790 Vine Avenue in the Downtown Pueblo Viejo District (APN: 778-060-007).

Qualified proposals must have demonstrated experience, and knowledge of restaurant/retail business operations—including financing, marketing, design, leasing, management and oversight. It is further expected that proposals will be based on a thorough understanding of existing and future business market conditions and trends and that final proposals will contain realistic financial projections.

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3 III. Building Description
The existing 1,040 square foot, building is in the C-01 (Commercial) Zone, please see site map and site pictures (Exhibit “A” and “B”). The project site has existing separate utility connections and will include the following:
• 1,040 Square Feet:
o 3 Office Spaces
o Front Patio Area
o Restroom
o Kitchen Area

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4 IV. Goals/Objectives
The goals/objective of this Request for Proposals (RFP) is to award a long term lease to an operation who will accomplish the following:
• Provide a unique destination restaurant and/or related retail operation with a distinctive menu/experience that will cater to visitors of the Downtown Pueblo Viejo District and draw people to the area for a memorable experience;
• Develop a creative façade and tenant improvement design that utilizes the current amenities of the City Hall campus;
• Maximize attendance through featured menu items, service, ambiance, and special events marketing;
• Assess, provide, and install all necessary furnishings and equipment in order to create an attractive and inviting destination;
• Implement quality marketing and advertising campaign; and • Work in a collaborative effort with the City to incorporate to the vision of a walkable and sustainable Downtown Pueblo Viejo District and ensure an optimum experience for those going to the new City Library, expanded Senior Center, City Hall, new County DPSS Building, new Palm View Elementary and the surrounding community.

Furthermore, the proposed restaurant/retail development will promote public enjoyment, provide job opportunities for local residents, and complement the Downtown Pueblo Viejo Implementation Plan (”Plan). (Please note the Plan is available on the website - https://www.coachella.org/departments/pueblo-viejorevitalization-plan)

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5 Eligible Projects:
• Restaurant/Café – (Diverse Food Menu Preferred)
• Bar/Saloon
• Retail Store (Non-Cannabis)
• Business/Sales Tax Generating Incubator
• Art Gallery
Ineligible Projects:
• Visitor Center
• Non-Profit Organization
• Church
• Dispensary
V. Proposal Requirements
Interested parties shall submit written proposals that contain the following essential elements:

A. Conceptual: Please describe in detail the business concept being proposed and how it will fit into the Downtown Pueblo Viejo District and compliment the culture and quality of life. Provide preliminary plans, sections, diagrams and elevations in sufficient detail showing the manner in which proposer plans to develop the premises as follows:
• Floor plans of space showing proposed uses, layout, circulation and utilities.
• Proposed integration with the Downtown Pueblo Viejo District Design Guidelines, on City website:
https://www.coachella.org/departments/pueblo-viejo-revitalization-plan. • One or more architectural rendering(s) of business indicating layout of space, general color scheme, style of furniture, fixtures, materials to be used for flooring, walls and lighting.
• For all products, please include quality grade, brand names and anticipated costs.

B. Business Plan, Marketing and Customer Service: Please describe the business and marketing plan proposed for use in operations, with an emphasis on measures designed to obtain maximum patronage during peak and non‐peak periods. Please include any market study analysis or

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6 Per Forma statements that will illustrate the viability, sustainability and importance of proposed business:
• Describe customer service objectives for the business, specifically employee training and retention programs to support and meet objectives.
• Menu (if applicable): include a copy of the proposed menu for the restaurant Menu: include a copy of the proposed menu for the restaurant food/beverage and any associated merchandise being proposed, which includes non‐alcoholic and alcoholic beverages indicating as applicable portion size, suggested price, and name brands.
• Hours: provide proposed days and hours of operation for the proposed business.

C. Project Team (Applicant): Please describe a brief history and experience of the applicant and their team:
• Operational: submit sufficient information to allow the City to evaluate the management structure and operating program of the proposed business concept.
• Business operations: describe current business operations. Please note that City staff may elect to perform a site visit to review/confirm current business conditions
• Minimum Qualifications: provide evidence that the proposer has experience in business administration and be able to show progressive quality management of similar types of business for the past five (5) years.
• References: provide references to evidence the minimum experience requirements, including the name of the operation, address, contact person, telephone number, and annual gross sales generated.
• Management Structure: describe the management structure to be employed in the operation of the business. Please include a job description for the on‐site manager, include the number of employees and a proposed daily schedule to deliver good customer service during the proposed hours of operation.

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7 • Insurance Coverage: provide evidence that the proposer has the ability to obtain the necessary insurance required for the operation of the proposed business. Acceptable evidence includes letters from the proposer’s insurance company dated no earlier than two weeks before the submittal deadline date and signed by an officer of the insurance and security provider.

D. Capital Investment: Please provide the cost for interior construction, finishes, furnishings, fixtures, trade equipment, and architectural and engineering fees and the proposed method of financing, such as small business loan, micro-loan, saving account, etc. The applicant will be responsible for ALL tenant improvements and obtaining all the necessary permits. Please note that the City has pre-existing utility connections that will be changed to the new tenant once the Lease Agreement has been executed.

E. Art Murals: The water billing building currently has three (3) art mural installations that will be kept in their current location. The tenant will NOT be allowed to remove or modify the art murals in any way. The tenant will be responsible if the art murals become damaged during the tenant improvements or the construction phase.

VI. Lease Terms and Economic Development Incentives
Multiple City incentives will be available to the selected restaurant/retail space operator which include, but are not limited to:
• Fast Track Permitting Assistance/Ombudsman Service: The City’s Economic Development team will assist with expediting the permit approval process and will monitor the permit application through the development review and approval process. Furthermore, the Economic Development team will provide personalized ombudsman assistance which simplifies the process of navigating City departments and processes. All tenant improvement application and inspection fees will be waived.
• City will subsidize the lease rate with potential tenant until the full cost of their tenant improvements has been recovered – 3 years maximum. • Lease Rate will be $1.50/square foot after cost of tenant improvements have been recovered or 3 years have passed, whichever is first. • Lease Term – 3 years maximum (with an opportunity to renew).

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8 • City will be responsible for the maintenance and operations of existing landscaping, Art Murals and major mechanical, plumbing and electrical systems.

VII. Instructions and Schedule for Submitting of Proposals The City shall not be liable for any expenses incurred by any proposer in relation to the preparation or submittal of Proposals. Expenses include, but are not limited to, expenses by proposer in: preparing a Proposal or related information in response to RFP; negotiations with City on any matter related to this RFP; and costs associated with interviews, meetings, travel or presentations. Additionally, City shall not be liable for expenses incurred as a result of City’s rejection of any Proposals made in response to this RFP.

Proposals are due before 5:00 PM on October 31, 2024. This time and date is fixed and extensions will not be granted. The City does not recognize the U. S. Postal Service, its postmarks or any other organization as its agent for purposes of dating the Proposal. All Proposals received after the deadline shown will be rejected, returned to sender and will not receive further consideration. Furthermore, the City reserves the right to reject any and all Proposals and to waive information and minor irregularities in any Proposal received.

Mail or hand‐deliver five (5) copies of your Proposal to:

Ms. Celina Jimenez
Director of Economic Development
City of Coachella
53462 Enterprise Way, Coachella, CA 92236
VIII. RFP Inquires
For questions or clarifications pertaining to this RFP, please contact Celina Jiménez, Economic Development Director, at (760) 398-3502 ext. 119 or [email protected]
IX. Public Records
All proposals submitted in response to this RFP become property of the City and under the Public Records Act (Government Code § 6250 et. seq.) are public records, and as such may be subject to public review at least ten (10) days before selection and award.

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9 If a proposer claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified in the Proposal. Personal information should be labeled as confidential and will remain so. Note under California law, a price proposal to a public agency is not a trade secret.

X. Evaluation Process and Selection Criteria
The City will conduct the selection process. The City is the final decision‐maker regarding this selection, and it reserves the right to reject any or all responses or to terminate development negotiations at any time. The City reserves the right to request clarification or additional information from individual respondents and to request some or all respondents to make presentations to City staff, community groups, or others.

As part of the evaluation process, the City expects to interview some, but not necessarily all, of the parties submitting proposals.

The intent of the RFP step of this selection process is to identify qualified parties interested in operating and maintaining a full‐service business and related amenities within the Downtown Pueblo Viejo District. The selection of a qualified proposer will be based generally upon his/her experience in the retail business industry and ability to demonstrate progressive quality business management practices for over a five (5) year period, including the quality of the proposed business and capacity to carry out the business development in a carefully and coordinated manner with the full collaboration of the City.

The proposal will be evaluated based upon the following criteria:

Selection Criteria – Sunline Building Proposed Business Score:

Benefit of Proposed Business to the Downtown Pueblo Viejo District
30 Strength of Business Team and Management Experience 25 Financial Strength & Capital Accessibility 20
Quality of Proposed Business Plan 15
Conceptual Rendering and Floor Plan 10
TOTAL: 100

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10 Exhibit “A”
Site Pictures
Outside:

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11 Inside

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12

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13 Exhibit “B”
Lease Agreement Template - DRAFT

LEASE AGREEMENT

BETWEEN THE CITY OF COACHELLA AND

LESSEE FOR RETAIL SPACE
THIS LEASE AGREEMENT (the "Lease") is made as of December 1, 2024 by and between THE CITY OF COACHELLA, a California municipal corporation (the "Lessor"), and ENTITY NAME, a private entity (the "Lessee"), with reference to the following facts:

RECITALS
A. The City owns a 1,040 square foot, Sunline building, located at 790 Vine Avenue, Coachella, CA 92236, which is described in Exhibit “A” (the “Leased Premises”); and B. Lessee desires to lease all 1,040 square feet in the Leased Premises from the City for retail space and programming use; and
C. City Plans to relocate the Sunline Depot to a new building in the corner of Cesar Chavez and 4th St.

D. Lessee will be responsible for all tenant improvements and utility services; and E. Lessee is eligible for all Economic Development Incentives provided in Section 5 of this agreement and approved by the Economic Development/Planning Sub-Committee; and F. Lessor will not be liable or responsible for any damage or injury occurring on the Leased Premises; and
G. Lessor will still be responsible for all landscape and building maintenance of Leased Premises.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

AGREEMENT

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14 1. Recitals. Lessor and Lessee acknowledge the Recitals set forth above which are incorporated herein by this reference together with the Exhibits attached hereto.

2. Leasehold. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental and upon the conditions set forth herein. Lessee accepts the Premises, including the appurtenant improvements, structures, and facilities, if any, in "AS IS" condition.

3. Premises. The Premises described in Exhibit "A" amounts to an area of approximately 1,040 square feet. Upon execution of this Lease, Lessor grants to Lessee the right to survey the Premises (the "Survey") and such Survey, if performed, shall replace Exhibit "B" as the description of the Premise

4. Term of Lease.
a) The original term of the Lease shall be for a three (3) year period commencing on December 1, 2024 and terminating on December 1, 2027 (the "Term"). b) During the Term of this Lease, Lessee shall pay to Lessor as rent the sum of One Thousand Five Hundred Sixty Dollars ($1,560.00) per month, once all the costs of the tenant improvements have been recovered by the Lessee. c) The annual rent will be paid by the Lessee to the Lessor in advance of the 27th day of each month and continuing throughout the term of this Lease. d) Where to Pay Rent. All rent shall be paid to Lessor at the address specified below in Section 19.

5. Economic Development Incentives.
a) Fast Track Permitting Assistance/Ombudsman Service: The City’s Economic Development team will assist with expediting the permit approval process and will monitor the permit application through the development review and approval process. Furthermore, the Economic Development team will provide personalized ombudsman assistance which simplifies the process of navigating City departments and processes.
b) All tenant improvement application and inspection fees will be waived. c) City will subsidize the lease rate with Lessee until the full cost of their tenant improvements has been recovered – three (3) years maximum. d) Lease Rate will be $1.50/square foot after cost of tenant improvements have been

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15 recovered or three (3) years have passed, which ever one if first. e) Lease Term – 3 years maximum (with an opportunity to renew).

6. Utilities, Maintenance and Insurance.
a) Utilities. Lessee shall make all arrangements for and shall pay for all utilities and services furnished to the Premises or used by Lessee on the Premises, including, without limitation: electricity, water, sewer, internet and trash removal services. Lessee shall pay for any and all charges for establishment or connection of utility services to the Premises.
b) Maintenance. Lessor shall provide all maintenance and repairs, at Lessor’s sole cost and expense, to keep the Premises in good order and condition, including, without limitation, weed abatement, fencing, all improvements existing at the commencement of this Lease, and any improvements approved by the Lessor to be constructed and/or installed by the Lessee during the term of this Lease.
c) Insurance. All insurance carried by Lessee shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. Lessee shall carry and maintain, during the entire term hereof, at Lessee's sole cost and expense, the following types of insurance in the amounts specified and in the form provided for in this section:
i. Public Liability and Property Damage. Broad-form comprehensive public liability insurance with limits of not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) each occurrence, insuring against any and all liability of Lessee with respect to the Premises or arising out of the maintenance, use or occupancy thereof, and property damage liability insurance with a limit of not less than One Million Dollars ($1,000,000) each accident, or One Million Dollars ($1,000,000) combined single limit. ii. Property Insurance. Lessee shall obtain and maintain in force a policy or policies of insurance in the name of Lessee, with any loss payable to Lessee, and any lender of Lessor insuring against loss or damage to the improvements on the Premises, including, without limitation, any improvements installed or constructed by Lessee. The amount of such insurance shall be equal to the full insurable replacement cost of such improvements, as the same shall exist from time to time, or the amount required by any lender of Lessor, but in no event more than the

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16 commercially reasonable and available insurance value thereof. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct loss or physical damage (except the perils of flood and earthquake unless required by a lender of Lessor). If such insurance coverage has a deductible clause, the deductible amount shall not exceed 'the amount permitted by a lender of Lessor. In the event any casualty results in damage to the improvements on the Premises which are the property of Lessor (and not constructed or installed by Lessee in accordance with the provisions hereof), Lessee shall either (i) use the proceeds of insurance to cause the restoration of such property of Lessor or (ii) pay or cause payment to Lessor or any lender of Lessor in an amount of the proportionate share of insurance proceeds attributable to damage to such property of Lessor. iii. Delivery of Certificate of Insurance. Lessee shall deliver to Lessor certificates of insurance evidencing the insurance procured by Lessee, which certificates shall name Lessor as an additional insured together with any lender of Lessor. The Certificates of Insurance shall be delivered by Lessee to Lessor at the time of the execution of the Lease and shall be monitored regularly.
iv. Notice of Cancellation. All insurance p o l i c i e s s h a ll contain a provision that such policies shall not be canceled or terminated without thirty (30) days' prior notice from the insurance company to Lessor.

Lessee agrees that on or before thirty (30) days prior to expiration of any insurance policy, Lessee will deliver to Lessor written notification in the form of a receipt or other similar document from the applicable insurance company that said policy or policies have been renewed, or deliver certificates of coverage from another good and solvent insurance company for such coverage.

7. Use. Lessee shall use and occupy the Premises for purposes of retail space and programming use. Lessee shall not use the Premises for the purposes of storing, manufacturing or selling any inherently dangerous substance, chemical, thing, or device.

8. Hazardous Substances and Hazardous Materials.
a) Defined. For purposes of this Lease, the term "Hazardous Substances" shall be as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq., and any regulations promulgated pursuant thereto, and as used to define "Hazardous Wastes" in the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., and any regulations promulgated thereto, or as may be identified or defined by any federal, state

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17 or local law or regulation.
b) Prohibition and Indemnity. Lessee shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Substances or Hazardous Wastes in any manner not sanctioned by law. In all events, Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) (collectively "Claims") from the presence or release of any Hazardous Substances or Hazardous Wastes on the Premises if caused by Lessee or persons acting under Lessee. The foregoing indemnity shall apply regardless of whether or not any such Claims are contributed to by the negligence or fault of the indemnified party, by the violation of any law, statute or regulation by the indemnified party, and even if the indemnified party is strictly liable therefore. However, in the event of such contributory negligence or other fault of the indemnified party, then the indemnified party shall not be indemnified hereunder in the proportion that the indemnified party’s negligence or other fault caused any such Claims. Lessee shall execute such affidavits, representations or other documents from time to time as Lessor may reasonably request concerning Lessee's best knowledge and belief as to the presence of Hazardous Substances or Hazardous Wastes on the Premises. This paragraph shall survive the termination of this Lease.

9. Improvements.
a) Consent of Lessor. Lessee shall not construct or make any installations, additions, improvements or alterations in or to the Premises, without the prior written consent of Lessor.
b) Lessee to Pay Improvement Cost. All installations, additions, improvements, or alterations constructed or made to the Premises, with the consent of Lessor, shall be made at the sole cost and expense of Lessee. Any tenant improvement designs must be approved by the City and undergo the tenant improvement permit process through the Development Services Department. c) Removal of Improvements. All installations, additions, improvements, or alterations constructed or made to the Premises by Lessee shall remain Lessee's personal property and, notwithstanding principles of law applicable to real property improvements, Lessee's installations, additions, improvements or alternations shall not be deemed improvements to Lessor's Premises and may be removed from the Premises by Lessee upon termination of this Lease in the sole

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18 discretion of Lessee. Notwithstanding the foregoing, upon termination of this Lease, Lessor may require Lessee to remove some or all of Lessee's installations, additions, improvements and alterations, at Lessee's sole cost and expense. Further, upon termination of this Lease and following removal of Lessee's property, the Premises shall be restored to a condition reasonably satisfactory to Lessor, at Lessee's expense. Any of Lessee’s property, as aforesaid, not removed from the Premises upon termination of this Lease shall become the property of Lessor.
d) Mechanic’s Liens. Lessee agrees to pay promptly for all labor or materials furnished for any work of construction, improvements, alterations, additions, repairs or maintenance performed by Lessee in connection with the Premises, and to keep and to hold the Premises free, clear, and harmless of and from all liens that could arise by reason of any such work.

10. Termination. Within ninety (90) days prior to expiration of the Term, either Lessor or Lessee may terminate this Lease, without cause, by serving the other party with thirty (30) days' prior written notice of such termination (a "Notice of Termination"). Upon termination of this Lease, Lessee shall return the Premises in good condition and repair to the reasonable satisfaction or Lessor.

11. Signs. Lessee shall not install any signs on the Premises without the prior written consent of Lessor. Lessor has the option to authorize a billboard to be installed on the Premises during the term of the Lease.

12. Lessor’s Consent Required. Lessee shall not assign, mortgage, or hypothecate this Lease in whole or in part, nor sublet all or any part of the Premises, without the prior written consent of Lessor in each instance, which consent may be granted or denied in Lessor's sole discretion.

13. Assignment and Subleasing. Lessee shall not assign, mortgage, or hypothecate this Lease in whole or in part, nor sublet all or any part of the Premises, without the prior written consent of Lessor in each instance, which consent may be granted or denied in Lessor's sole discretion. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. In the event that Lessor's written consent is granted, Lessee shall pay all expenses in connection with such assignment and Lessee shall remain primarily obligated to Lessor for performance of all provisions of this Lease.

14. Use of Premises by City. The Premises will be used for as retail space and programming for the Lessee.

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19 15. Entry and Inspection. Lessee shall permit Lessor or Lessor’s agents to· enter upon the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same.

16. Indemnification. To the extent permitted by law, Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the Premises or any part thereof in connection with this Lease, unless caused by the gross negligence or willful misconduct of Lessor. Lessee agrees to indemnify and hold Lessor harmless from any claims for damages which arise in connection with any such occurrence. Lessor agrees to indemnify and hold Lessee harmless from any claims for damages which arise from the gross negligence or willful misconduct of Lessor in connection with the Premises or this Lease. Said indemnifications shall include indemnity from any reasonable costs or fees which the indemnified party may incur in defending any such claim. The provisions of this Section shall survive termination of this Lease.

17. Lessor's Remedies on Default. If Lessee defaults in the payment of rent or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within thirty (30) days after the giving of such notice (or if the default is of a nature that it cannot be completely cured within such period, if Lessee does not commence such cure within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease on not less than thirty (30) days' notice to Lessee. On the date specified in such notice, the term of this Lease shall terminate and Lessee shall then quit and surrender the Premises to Lessor, without extinguishing Lessee’s liability. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Premises by any lawful means and remove Lessee or other occupants and their effects.

18. Waiver. No Failure to Lessor to enforce any term hereof shall be deemed to be a waiver.

19. Notices. Any notice, request, demand, or other communication which either party may or is required to give, shall be in writing and shall be delivered in person or sent to the address set forth herein below by registered or certified mail, return receipt requested with postage prepaid, by commercial overnight courier, with written verification of receipt, or by telecopy. A notice shall be deemed given: (a) w h e n delivered by personal delivery (as evidenced by the receipt); (b) three (3) days after deposit in the mail if sent by registered or certified mail; (c) one (1) business day after having been sent by commercial overnight courier as evidenced by the written verification of receipt or (d) on the date of confirmation if telecopies. Either party may change its address for

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20 receiving notice by written notice given to the other in accordance with the provisions of this Notices section.

To Lessee:

City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Celina Jimenez
Director of Economic Development
Phone: 760) 398-3502 Ext. 124
E-mail: [email protected]
To Lessor:

Name, Address, Telephone No., Email Address

20. No Agency/Employment. In performing the terms of this Lease, the Lessor and Lessee each remain an autonomous and separate entity, solely responsible for its own actions and those of its officers, employees, agents and volunteers. No relationship of employment, agency, partnership or joint venture is to be created by or implied from this Lease.

21. Heirs, Assigns, Successors. This Lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties.

22. Time of Essence. Time is of the essence of this Lease.

23. Entire Agreement. This instrument constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties.

24. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of California.

25. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above:

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LESSEE:

L E SS E E
California Private Entity
By:

Name, Position
LESSOR:

THE CITY OF COACHELLA
California Municipal Corporation
By:

Dr. Gabriel Martin., City Manager
Attest:

By:

Angela M. Zepeda
City Clerk - City of Coachella
Approved as to Form:

By:

Best, Best & Krieger LLP
City Attorney

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STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve a new lease between the City of Coachella and Coachella Valley Boxing Club & Fitness Center, Inc. for the 51-301 Douma Street facility; authorizing City Attorney to make minor non-substantive changes.

STAFF RECOMMENDATION:

Approve a new lease between the City of Coachella and Coachella Valley Boxing Club & Fitness Center, Inc. for the 51-301 Douma Street facility; authorizing City Attorney to make minor nonsubstantive changes.

EXECUTIVE SUMMARY:

In 1999, the City of Coachella entered into a lease with the Coachella Valley Boxing Club & Fitness Center, Inc., a non-profit; located at 51-301 Douma Street and also known as the Lee Espinoza Coachella Valley Boxing Club. This facility’s original lease was for a term spanning 25 years. The facility is home to many local Coachella and regional (Coachella Valley) boxers.

Additionally, the facility is also a gym accessible to all Coachella residents without charge. This facility is maintained and operated by the Coachella Valley Boxing Club & Fitness Center, Inc.

This lease’s term has expired and staff is recommending execution of a similar lease, below are the terms of the new lease for Lee Espinoza Coachella Valley Boxing Club facility:
 Rent = one dollar annually
 Term = 5 years
 Utilities = to be paid by Lessor for said property
 Maintenance/Janitorial = to be completed by Lessee for said property  Insurance = to be provided be Lessee for said property FISCAL IMPACT:

None.

Attachments: Proposed Lease

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LEASE AGREEMENT
THIS IS A LEASE AGREEMENT entered into on November 13, 2024, whereby the City of Coachella (hereafter called "Lessor"), leases to the Coachella Valley Boxing Club & Fitness Center, Inc., a California Not-For- Profit Corporation (hereafter called "Lessee") those certain premises (hereafter called "Premises") located at Bagdouma Park, 51-301 Douma Street, Coachella, California consisting of a commercial building containing approximately 5,000 square feet and more particularly described in Exhibit A attached hereto.

ARTICLE 1. LEASE TERM

1.1 Original Term. This lease shall be for a term of five (5) years commencing on October 1, 2024 at 12:00am and terminating at 11:59pm on September 30, 2029 (original term).

1.2 Termination. During the Original Term of the Lease, Lessee/Lessor may terminate the Lease, without cause, by serving Lessor with six (6) months prior written notice of such termination.

1.3 Hold Over. Should Lessee hold over and continue in possession of said Premises after expiration of the term of this lease or any extension thereof, Lessee's continued occupancy of said Premises shall be considered a month-to-month tenancy subject to all the terms and conditions of this lease.

1.4 Lessor's Inability to Deliver Possession. Should Lessor for any reason be unable to deliver possession of said Premises to Lessee on the date specified in Section

1.1 of this lease as the date on which the term of this lease is to commence, this lease shall not be void or voidable nor shall Lessor be liable to Lessee for any loss or damage resulting from such failure to deliver possession to Lessee so long as Lessor has exercised, and continues to exercise, reasonable diligence to deliver possession of said Premises to Lessee. No rent shall, however, accrue or become due from Lessee to Lessor under this lease until the actual physical possession of said Premises is delivered, or the right to actual unrestricted physical possession of said Premises under this lease is tendered, by Lessor to Lessee. Furthermore, the term of this lease shall not be extended by Lessor's inability to deliver possession of said Premises to Lessee on the date specified in Section 1.1 for commencement of the term of this lease.

ARTICLE 2. RENT

2.1 Rent. Lessee agrees to pay to Lessor $1.00 per year for the use and occupancy of the Premises payable on the first day of each month commencing October 1, 2024.

Lessee shall pay said rent to the Lessor at 53462 Enterprise Way, Coachella, California 92236, or at such other place as the Lessor may designate in writing to Lessee.

ARTICLE 3. USE OF PREMISES

3.1 Permitted Use. Said Premises shall, during the term of this lease and any extension thereof, be used for the purpose operating and conducting thereon and therein a Boxing Club program and Fitness Center and such uses normally incidental to such purpose, and for no other purpose.

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3.2 Operation of Boxing Club and Fitness Center. Lessee shall during the term of this lease and any extensions thereof, unless prevented by conditions beyond Lessee’s control, conduct business ofthe nature specified in Section 3.1 of this lease on said Premises in an efficient and diligent manner.

3.3 Insurance Hazards. Lessee shall not commit or permit the commission of any acts on said Premises nor use or permit the use of said Premises in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring said Premises or the improvements on said Premises. Lessee shall, at his own costs and expense, comply with any and all requirements of Lessor's insurance carrier necessary for the continued maintenance at reasonable rates of fire and liability insurance policies on said Premises and the improvements on said Premises.

3.4 Waste or Nuisance. Lessee shall not commit or permit the commission by others of any waste on said Premises. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code on said Premises; and Lessee shall not use or permit the use of said premise for any unlawful purpose.

3.5 Compliance With Law. Lessee shall at Lessee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, whether federal, state, county or municipal, relating to Lessee's use and occupancy of said Premises whether such statues, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Lessor and Lessee and shall be ground for termination of this lease by Lessor.

ARTICLE 4. TAXES AND UTILITIES

4.1 Payment of Utility Charges. Lessor shall pay or provide electricity and water for said Premises during the term of this lease and extensions thereof. Lessee shall pay, and hold Lessor harmless from, all other utility charges for said Premises during the term of this lease or any extensions thereof. All other utility charges will be paid by Lessee.

4.2 Personal Property Taxes. Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about said Premises including, without limiting the generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall safes, partitions, fixtures, equipment, music equipment, television or radio antennas, or communication equipment brought on said Premises by Lessee.

4.3 Real Property Taxes. All real property taxes and assessments levied or assessed against said Premises by any governmental entity, including any special assessments imposed on or against said Premises for the construction or improvement of public works in, on, or about said Premises, shall be paid, before they become delinquent, by Lessee.

ARTICLE 5. ALTERATIONS AND REPAIRS

5.1 Condition of Premises. The Premises will be inspected by the Building Inspector for the City of Coachella to determine that the Premises is in compliance with the Uniform Building Code. Lessee accepts said Premises, as well as the improvements thereon and the facilities appurtenant thereto, in their present condition and stipulates with

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Lessor that said Premises as well as the improvements thereon and the facilities appurtenant thereto are in a condition suitable for Lessee purpose as of the date of this lease. Lessee further agrees with and represents to Lessor that said Premises have been inspected by Lessee and that he has been assured by means independent of Lessor or any agent of Lessor of the truth of all facts material to this lease and that said Premises are being leased by Lessee as a result of his inspection and investigation and not as a result of any representations made by Lessor or any agent of Lessor.

5.2 Maintenance by Lessee. Lessee shall at his own cost and expense keep and maintain all portions of the Premises, including all improvements and all facilities appurtenant to said Premises, in good repair and in as good condition as they were when received by Lessee, reasonable wear and tear excepted.

5.3 Alterations and Liens. Lessee shall not make or permit any other person to make any alterations to said Premises or to make any improvement thereon or facility appurtenant thereto without the written consent of Lessor which Lessor shall not withhold unreasonably. Prior to any alteration, construction or remodeling of the Premises, Lessee shall notify Lessor of the commencement date thereof such that the Lessor may record a "Notice of Non Responsibility" for any such work performed by the Lessee or at his request. Lessee shall keep the Premises free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operations conducted on said Premises at the instance or request of Lessee. Furthermore, any and all alterations, additions, improvements, and fixtures, except furniture and trade fixtures, made or placed in or on said Premises by Lessee or any other person shall upon the expiration, or sooner termination, of this lease become the property of Lessor and remain on said Premises; provided, however, that Lessor shall have the option on expiration, or sooner termination, of this lease of requiring Lessee, at Lessee's sole cost and expense, to remove any or all such alterations, additions, improvements, or fixtures from said Premises.

5.4 Inspection by Lessor. Lessee shall permit Lessor or Lessor's agents, representatives, or employees to enter said Premises at all reasonable times for the purpose of inspecting said Premises to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect Lessor's interest in said Premises under this lease or to perform Lessor's duties under this lease.

5.5 Surrender of Premises. On expiration or sooner termination of this lease, Lessee shall promptly surrender and deliver said Premises to Lessor in as good condition as they are now at the date of this lease, reasonable wear and tear and repairs herein required to be made by Lessor excepted.

ARTICLE 6. INDEMNITY AND INSURANCE

6.1 Hold Harmless Clause. Lessee agrees to indemnify and hold Lessor and the Premises, free and harmless from any and all claims, liability, loss, damage, or expenses resulting from Lessee's occupation and use of said Premises, specifically including, without limitation, any claim, liability, loss or damage arising by reason of:
(a) The death or injury of any person or persons, including Lessee or any person who is an employee or agent of Lessee, or by reason of the damage to or destruction of any property, including property owned by Lessee or any person who is an employee or agent of Lessee, and caused or allegedly caused by either the condition of said Premises, or some act or omission of Lessee or of some agent, contractor, employee, servant, sublessee, or concessionaire of Lessee on said Premises;

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(b) Any work performed on said Premises or materials furnished to said Premises at the instance or request of Lessee or any agent or employee of Lessee; or
(c) Lessee’s failure to perform any provision of this lease or to comply with any requirement of law or any requirement imposed on Lessor or the leased Premises by any duly authorized governmental agency or political subdivision.

6.2 Liability Insurance. Lessee shall, at his own cost and expense, secure ten (10) days prior to the effective date of this lease and maintain during the entire term of this lease, and any renewals or extensions thereof, a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to Lessor and insuring Lessor against loss or liability caused by or connected with Lessee's occupation and use of said Premises under this lease in amounts not less than:
(a) $1,000,000 (one million dollars) for injury to or death of one person and,subject to such limitation forthe injury or death of one person, of not lessthan $1,000,000.00 forinjury to or death oftwo or more persons as a result of any one accident orincident; and
(b) $1,000,000.00 for damage to or destruction of any property of others.

6.3 Fire Insurance. In order that the business of Lessee may continue with as little interruption as possible, Lessor shall, during the full term of this lease, and any renewals or extensions thereof, maintain an insurance policy issued by a reputable company authorized to conduct insurance business in California insuring for the full insurable value of the Premises and all fixtures and equipment in or on said Premises against damage or destruction by fire, theft, or the elements. The Lessor shall be an additional insured on any such policy of insurance. The coverage under said insurance shall not be for an amount less than $1,000,000.00, and Lessee shall reimburse Lessor for the cost of providing same.

6.4 Insurance by Lessor. Should Lessee at any time fail to procure or maintain the insurance required by this Article, Lessor may obtain such insurance and pay the premiums on such insurance for the benefit of Lessee. Any amounts paid by Lessor to procure or maintain insurance pursuant to this section shall be immediately due and repayable to Lessor by Lessee.

ARTICLE 7. TRADE FIXTURES

7.1 Installation and Removal of Trade Fixtures. With the written consent of Lessor, Lessee shall have the right at any time and from time to time during the term of this lease, and any renewal or extension of such term, at Lessee's sole cost and expense, to install and affix in, to, or on said Premises such items, herein called "trade fixture," for use in Lessee’s boxing club and fitness center as Lessee may deem advisable. Any and all such

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trade fixtures that can be removed without structural damage to said Premises or any building or improvements on said Premises shall, subject to Section 7.2 of this lease, remain the property of the Lessee and may be removed by Lessee at any time or times prior to the expiration or sooner termination of this lease.

7.2 Trade Fixtures as Security for Lease. As security for the faithful performance of all the terms, conditions, and covenants of this lease to be performed by Lessee, Lessee hereby grants to Lessor a security interest in all trade fixtures and equipment owned by Lessee and now or hereafter placed on said Premises by Lessee. Any right or rights of removal of trade fixtures given Lessee by the provisions of Section 7.1 of this lease shall be exercisable only if, at the time of the removal, Lessee is not in default in performance of this lease. Lessee may, however, at any time it is not in default in performance of this lease, trade in or replace any trade fixture free of the security interest created by this section and this security interest will then attach to the item that replaced such trade fixture. On default in performance of any obligation of this lease to be performed by Lessee, Lessor shall immediately have as to the trade fixtures the remedies provided to a secured party under the Uniform Commercial Code as enacted in California.

7.3 Unremoved Trade Fixtures. Any trade fixtures described in this Article that are not removed from said Premises by Lessee within sixty (60) days after the expiration or sooner termination, regardless of cause, of this lease shall be deemed abandoned by Lessee and shall automatically become the property of Lessor as owner of the real property to which they are affixed and not simply because of the lien described in Section

7.2 of this lease.

ARTICLE 8. DESTRUCTION AND CONDEMNATION

8.1 Partial Destruction. Should said Premises be partially destroyed by any cause not the fault of the Lessee, or any agent or employee or member of Lessee, this lease shall continue in full force and effect and Lessor, at Lessor's own cost and expense, shall promptly commence the work of repairing and restoring said Premises to their prior condition provided that the cost thereof does not exceed twenty five percent (25 %) of the insured value thereof and provided that Lessor shall not be obligated to repair or replace any alterations, construction or remodeling performed by Lessee nor repair or replace any of Lessee’s fixtures.

8.2 Total Destruction. Should said Premises be so far destroyed by any cause that they cannot be repaired or restored to their former condition within ninety (90) working days or at a cost exceeding twenty five percent {25%) percent of the total insured value of said Premises, Lessor may at Lessor's option either:
(a) Continue this lease in full force and effect by repairing and restoring, at Lessor's own cost and expense, said Premises to their former condition; or

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(b) Terminate this lease by giving Lessee written notice of such termination.

8.3 Insurance. Any insurance proceedsreceived by Lessor because of the total or partial destruction of said Premises or the building on said Premisesshallbe the sole property of Lessor, free from any claims of Lessee, but shall be used by Lessor for the restoration of the Premises under paragraph 8.1 hereof.

8.4 Lessor's Obligations. Should Lessor elect under Section 8.2 of this lease to repair and restore said Premises to their former condition following destruction of said Premises or the building on said Premises:
(a) Lessee shall not be entitled to any damages for anY IOSS Or inconvenience sustained by Lessee by reason of the making of such repairs and restoration; (b) Lessor shall have full right to enter said Premises and take possession of so much of said Premises, including the whole of said Premises, as may be reasonably necessary to enable Lessor promptly and efficiently to carry out the work of repair and restoration.

8.5 Total Condemnation. Should, during the term of this lease, or any renewal or extension thereof, title and possession of all ofsaid Premises be taken under the power of eminent domain by any public or quasi-public agency or entity, this lease shall terminate as of 12:01 A.M. of the date actual physical possession of said Premises is taken by the agency or entity exercising the power of eminent domain and both Lessor and Lessee shall thereafter be released from all obligations, except those specified in Section

8.8 of this lease.

8.6 Termination Option for Partial Condemnation. Should, during the term of lhis lease or any renewal or extension thereof, title and possession of only a portion of said Premises be taken under the power of eminent domain by any public or quasi-public agency or entity, Lessee may, at Lessee's option, terminate this lease if more than twenty five percent (25 %) of the floor space of said Premises is taken under the power of eminent domain. Lessee shall exercise his option by giving written notice to Lessor within thirty (30) days before actual physical possession of the portion subject to the eminent domain power is taken by the agency or entity exercising that power. This lease shall terminate as of 12:01 A.M. of the date the notice is deemed given to Lessor but the minimum rent specified in Section 2.1 of this lease shall be reduced in the manner specified in Section 8.7 of this lease from the date of taking to the date of termination of the lease.

8.7 PartialCondemnationWithout Termination. Should Lessee fail to exercise the option described in Section 8.6 of this lease or should the portion of said Premises taken under the power of eminent domain be insufficient to give rise to the option described in Section 8.6 of this lease, then:

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(a) This lease shall terminate as to the portion of said Premises taken by eminent domain as of 12:01 A.M. of the day, herein called the "date of taking," actual physical possession of that portion of said Premises is taken by the agency or entity exercising the power of eminent domain; (b) The minimum rent specified in Section 2.1 of the lease shall after the date of taking, be reduced by an amount that bears the same ratio to the minimum rent specified in Section 2.1 of this lease as the square footage floor space of the portion of said Premises taken under the power of eminent domain bears to the total square footage floor space of said Premises as of the date of this lease; and (c) Lessor, at Lessor's own cost and expense, will remodel and reconstruct the building remaining on the portion of said Premises not taken by eminent domain into a single efficient architectural until as soon after the date of taking, or before, as can be reasonably done; provided, however, that neither the minimum nor percentage rent specified in this lease shall be abated or reduced, except as provided in subparagraph (b) of this section, during such remodeling and reconstruction.

8.8 Condemnation Award. Should, during the term of this lease or any renewal or extension thereof, title and possession of all or any portion of said Premises be taken under the power of eminent domain by any public or quasi-public agency or entity, the portion of the compensation or damage for the taking awarded to each of the parties to this lease shall belong to and be the sole property of the party, Lessor or Lessee, to whom it is awarded. Lessee shall be entitled to that portion of the compensation or damages awarded for the eminent domain taking that represents (1) the reasonable value of Lessee’s rights under this lease for the unexpired term of this lease and (2) the costs or loss sustained by Lessee because of the removal of Lessee's merchandise, trade fixtures, equipment, and furnishings from the portion of said Premises taken by eminent domain.

ARTICLE 9. DEFAULT, ASSIGNMENT, AND TERMINATION

9.1 Subleasing or Assigning as Breach. Lessee shall not assign, encumber, or otherwise transfer this lease, any right or interest in this lease, or anyright or interest in said Premises or any of the improvements that may now or hereafter be constructed or installed on said Premises without the express written consent of Lessor first had and obtained. Lessee shall not sublet said Premises or any part thereof or allow any other person, other than Lessee's members, agents, servants, and employees, to occupy said Premises or any part thereof without the prior written consent of Lessor. A Consent by Lessor to one assignment, one subletting, or one occupation of said Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of said Premises by another person. Any assignment, encumbrance, transfer, or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option

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of Lessor, terminate this lease. Lessor and Lessee acknowledge that this provision has been specifically negotiated by and between themselves in order to prevent Lessee from obtaining a windfall if Lessee should seek to assign or sublet the Premises, because Lessee obtained the Premises to continue its Boxing Club and Fitness Center which was located in another building.

9.2 Abandonment of Lessee. Should Lessee breach this lease and abandon said Premises prior to the expiration of the term of this lease, Lessor may:
(a) Continue this lease in affect by not terminating Lessee’s right to possession of said Premises, in which event Lessor shall be entitled to enforce all its rights and remedies under this lease, including the right to recover the rent specified in this lease as it becomes due under this lease; or (b) Terminate this lease and entitle Lessor to re-enter and regain possession of said premises.

9.3 Default by Lessee. Should Lessee default in the performance of any of the covenants, conditions, or agreements contained in this lease, Lessee shall have breached the lease and Lessor may, in addition to the remedy specified in the subparagraph (b) of Section 9.2 of this lease, re-enter and regain possession of said Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect.

9.4 Insolvency of Lessee. The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, shall terminate this lease and entitle Lessor to re-enter and regain possession of said Premises.

9.5 Cumulative Remedies. The remedies given to Lessor in this Article shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this lease.

9.6 Waiver of Breach. The waiver by Lessor of any breach of Lessee of any of the provisions of this lease shall not constitute a continuing waiver or waiver of any subsequent breach by Lessee either of the same or another provision of this lease.

ARTICLE 10. MISCELLANEOUS

10.1 Attornev's Fees. Should any litigation be commenced between the parties to this lease concerning said Premises, this lease, or the rights and duties of eiit›er in relation thereto, the party, Lessor or Lessee, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for attorney's fees in
such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose.

10.2 Notices. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or bylaw to be served on or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to

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whom they are directed, or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid, addressed as follows:

LESSOR: City of Coachella
53462 Enterprise Way
Coachella, California 92236
LESSEE: Coachella Valley Boxing Club & Fitness Center
51-301 Douma Street
Coachella, California 92236
Either party may change his address for the purpose of this section by given written notice of such change to the other party in the manner provided in this section.

10.3 Binding on Heirs and Successors. This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing in this section shall be construed as a consent by Lessor to any assignment of this lease or any interest therein by Lessee except as provided in Article 9 of this lease.

10.4 Partial Invalidity. Should any provision of this lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding.

10.5 Entire Agreement. This instrument constitutes the sole and only agreement between Lessor and Lessee respecting said Premises, the leasing of said Premises to Lessee, or the lease term herein specified, and it correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting said Premises or their leasing by Lessor to Lessee not expressly set forth in this instrument are null and void.

10.6 Time of Essence. Time is expressly declared to be the essence of this lease.

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WHEREFORE, on November 13, 2024, Lessor and Lessee executed this Lease in Coachella, California.

LESSEE:

Coachella Valley Boxing Club & Fitness Center Inc.
a non-profit
By: _____________________________________
Name: ___________________________________
Title: ____________________________________
LESSOR:

THE CITY OF COACHELLA
a California municipal corporation
By: _______________________________________________________ Steven Hernandez, Mayor
City of Coachella
Attest:

By: _________________________
Angela M. Zepeda, City Clerk
City of Coachella
Approved as to Form:

By: _____________________
Carlos L. Campos
City Attorney, Best Best & Krieger LLP

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EXHIBIT A
The legal description of the premises located at 51-301 Douma Street, Bagdouma Park, Coachella, California is set forth as follows:

Located at the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 6, Township 6 South, Range 8 East, San Bernardino Base and Meridian, more particularly described as follows: located at the Southwest corner of Douma Street and Bagdad Avenue.

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.

Item 14.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize City Manager to execute a Lease Agreement with the Latino Equity Advocacy & Policy Institute for office space at City Hall.

STAFF RECOMMENDATION:

Authorize City Manager to execute a Lease Agreement with the Latino Equity Advocacy & Policy Institute for use of office space at City Hall.

EXECUTIVE SUMMARY:

The Latino Equity Advocacy & Policy Institute (LEAP) is a partner with the city in both the awarded Affordable Housing Sustainable Communities (AHSC) and Transformative Climate Communities (TCC) Grants. LEAP is a partner providing transportation services through its Green Raiteros Electric Vehicle Ride-Share Program. The city has procured the electric vehicles for this program and LEAP is looking to launch this program in the coming months. To start providing these services locally LEAP is in need of a small amount of office space; that is exactly what remains unused at the City Hall non-profit hub. There is unused office space of approximately 100 square feet near the east wing entrance between the Greater Coachella Valley Chamber of Commerce and Green Room Theatre Company office spaces.

The available office space will accommodate the office needs for the LEAP Institute. Execution of the proposed one-year lease will allow the centralized launch of programing in the city’s Downtown until LEAP can move into its permanent home which they anticipate will occur within the next 8-12 months (also in Downtown Coachella); the proposed lease details are noted below:
 Term = one year; December 1, 2024 – November 30, 2025  Utilities = to be paid by Lessor for said property; with the exception of the following:
phone, cable, wifi, etc.
 Maintenance/Janitorial = to be completed by Lessee for said property.  Insurance = to be provided by Lessee for said property.  Monthly Rent = $0.45 per square foot (100 square feet) = $45.00 FISCAL IMPACT:

The recommended action would have a positive fiscal impact of $540.00 annually.

Attachments: Proposed Lease

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LEASE AGREEMENT

BETWEEN THE CITY OF COACHELLA AND

LATINO EQUITY ADVOCACY & POLICY INSTITUTE
THIS LEASE AGREEMENT (the "Lease") is made as of November 13, 2024 by and between THE CITY OF COACHELLA, a California municipal corporation (the "Lessor"), and the LATINO EQUITY ADVOCACY & POLICY INSTITUE, a California Non-Profit organization (the "Lessee"), with reference to the following facts:

RECITALS
A. The Lessor owns a civic building located at City Hall 1515 Sixth Street, Coachella, CA 92236, which is described in Exhibit A and totals 9,589 square feet (the “Building”).

B. Lessee desires to lease 100 square feet of the Building (the “Premises”) from the Lessor, described in more detail in Exhibit “A” for purposes of providing ridesharing programming and services to residents of the City of Coachella and for all activities incidental or necessary to accomplish said purpose.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

AGREEMENT

1. Recitals. Lessor and Lessee acknowledge the Recitals set forth above which are incorporated herein by this reference together with the Exhibits attached hereto.

2. Leasehold. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental and upon the conditions set forth herein. Lessee accepts the Premises, including the appurtenant improvements, structures, and facilities, if any, in "AS IS" condition.

3. Premises. The Premises described in Exhibit A amount to an area of approximately 100 square feet. Upon execution of this Lease, Lessor grants to Lessee the right to survey the Premises (the "Survey") and such Survey, if performed, shall replace Exhibit B as the description of the Premises.

4. Term of Lease. The original term of the Lease shall be for a one (1) year period commencing on December 1, 2024 and terminating on November 30, 2025 (the "Term").

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5. Rent. Term Minimum Annual Rent. During the Term of this Lease, Lessee shall pay to Lessor monthly rent in the sum of Forty-Five Dollars and Zero Cents ($45.00). Lessee shall pay Lessor all sums due for monthly rent without deduction, set off, prior notice, or demand, in advance of the 1
st day of each month and continuing through the term of this Lease.

5.1 Where to Pay Rent. All rent shall be paid to Lessor at the address specified below in Section 19.

6. Utilities, Maintenance and Insurance.
a) Utilities. Lessee shall make all arrangements for and shall pay for all utilities, with the exception of: electricity, trash, water, sewer and alarm system for the Premises. b) Maintenance. Lessee shall provide all maintenance and repairs, at Lessee’s sole cost and expense, to keep the Premises in good order and condition, including any improvements approved by the Lessor to be constructed and/or installed by the Lessee during the term of this Lease. Lessee agrees to maintain the leased premises in the same condition as when received, wear and tear in the usual and ordinary operation by Lessee; provided Lessor agrees to repair and maintain all exterior walls, the roof and other structural portions of the building, except for damages caused by Lessee, its officers, agents and patrons of the Green Room Theatre Company. Lessor further agrees to: maintain and keep in good working condition the heating and cooling system including normal servicing and preventative maintenance.
c) Insurance. All insurance carried by Lessee shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. Lessee shall carry and maintain, during the entire term thereof, at Lessee's sole cost and expense, the following types of insurance in the amounts specified and in the form provided for in this section:
i. General Liability Insurance. Broad-form comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) each occurrence, insuring against any and all liability of Lessee with respect to the Premises or arising out of the maintenance, use or occupancy thereof, and property damage liability insurance with a limit of not less than One Million Dollars ($1,000,000) each accident, or One Million Dollars ($1,000,000) combined single limit.

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ii. Property Insurance. Lessee shall obtain and maintain in force a policy or policies of insurance in the name of Lessee, with any loss payable to Lessee, and any lender of Lessor insuring against loss or damage to the improvements on the Premises, including, without limitation, any improvements installed or constructed by Lessee. The amount of such insurance shall be equal to the full insurable replacement cost of such improvements, as the same shall exist from time to time, or the amount required by any lender of Lessor, but in no event more than the commercially reasonable and available insurance value thereof. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct loss or physical damage (except the perils of flood and earthquake unless required by a lender of Lessor). If such insurance coverage has a deductible clause, the deductible amount shall not exceed 'the amount permitted by a lender of Lessor. In the event any casualty results in damage to the improvements on the Premises which are the property of Lessor (and not constructed or installed by Lessee in accordance with the provisions hereof), Lessee shall either (i) use the proceeds of insurance to cause the restoration of such property of Lessor or (ii) pay or cause payment to Lessor or any lender of Lessor in an amount of the proportionate share of insurance proceeds attributable to damage to such property of Lessor. iii. Delivery of Certificate of Insurance. Lessee shall deliver to Lessor certificates of insurance evidencing the insurance procured by Lessee, which certificates shall name Lessor as an additional insured together with any lender of Lessor. The Certificates of Insurance shall be delivered by Lessee to Lessor at the time of the execution of the Lease and shall be monitored regularly.
iv. Notice of Cancellation. All insurance p o l i c i e s s h a ll contain a provision that such policies shall not be canceled or terminated without thirty (30) days' prior notice from the insurance company to Lessor.

Lessee agrees that on or before thirty (30) days prior to expiration of any insurance policy, Lessee will deliver to Lessor written notification in the form of a receipt or other similar document from the applicable insurance company that said policy or policies have been renewed, or deliver certificates of coverage from another good and solvent insurance company for such coverage.

7. Use. Lessee shall use and occupy the Premises for purposes of providing theatre programming and education services and for all activities incidental or necessary to accomplish said purpose, and for no other purpose. Lessee shall not use the Premises for

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the purposes of storing, manufacturing or selling any inherently dangerous substance, chemical, thing, or device.

8. Janitorial Services. The Lessee agrees to provide at its sole cost and expense janitorial services for the leased Premises.

9. Hazardous Substances and Hazardous Materials.
a) Defined. For purposes of this Lease, the term "Hazardous Substances" shall be as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq., and any regulations promulgated pursuant thereto, and as used to define "Hazardous Wastes" in the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., and any regulations promulgated thereto, or as may be identified or defined by any federal, state or local law or regulation.
b) Prohibition and Indemnity. Lessee shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Substances or Hazardous Wastes in any manner not sanctioned by law. In all events, Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) (collectively "Claims") from the presence or release of any Hazardous Substances or Hazardous Wastes on the Premises if caused by Lessee or persons acting under Lessee. The foregoing indemnity shall apply regardless of whether or not any such Claims are contributed to by the negligence or fault of the indemnified party, by the violation of any law, statute or regulation by the indemnified party, and even if the indemnified party is strictly liable therefore. However, in the event of such contributory negligence or other fault of the indemnified party, then the indemnified party shall not be indemnified hereunder in the proportion that the indemnified party’s negligence or other fault caused any such Claims. Lessee shall execute such affidavits, representations or other documents from time to time as Lessor may reasonably request concerning Lessee's best knowledge and belief as to the presence of Hazardous Substances or Hazardous Wastes on the Premises. This paragraph shall survive the termination of this Lease.

10. Improvements.
a) Consent of Lessor. Lessee shall not construct or make any installations, additions, improvements or alterations in or to the Premises, without the prior written

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consent of Lessor, which would not be unreasonably withheld. b) Lessee to Pay Improvement Cost. All installations, additions, improvements, or alterations constructed or made to the Premises, with the consent of Lessor, shall be made at the sole cost and expense of Lessee.
c) Removal of Improvements. All installations, additions, improvements, or alterations constructed or made to the Premises by Lessee shall remain Lessee's personal property and, notwithstanding principles of law applicable to real property improvements, Lessee's installations, additions, improvements or alternations shall not be deemed improvements to Lessor's Premises and may be removed from the Premises by Lessee upon termination of this Lease in the sole discretion of Lessee. Further, upon termination of this Lease and following removal of Lessee's property, the Premises shall be restored to a condition reasonably satisfactory to Lessor, at Lessee's expense. Any of Lessee’s property, as aforesaid, not removed from the Premises upon termination of this Lease shall become the property of Lessor.
d) Mechanic’s Liens. Lessee agrees to pay promptly for all labor or materials furnished for any work of construction, improvements, alterations, additions, repairs or maintenance performed by Lessee in connection with the Premises, and to keep and to hold the Premises free, clear, and harmless of and from all liens that could arise by reason of any such work.

11. Termination. Within ninety (90) days prior to expiration of the Term, either Lessor or Lessee may terminate this Lease, without cause, by serving the other party with thirty (30) days' prior written notice of such termination (a "Notice of Termination"). Upon termination of this Lease, Lessee shall return the Premises in good condition and repair to the reasonable satisfaction of Lessor.

12. Signs. Lessee shall not install any signs on the Premises without the prior written consent of Lessor, which would not be unreasonably withheld.

13. Assignment and Subleasing. Lessee shall not assign, o r m o r t g a g e , this Lease in whole or in part, nor sublet all or any part of the Premises, without the prior written consent of Lessor in each instance, which consent may be granted or denied in Lessor's sole discretion. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. In the event that Lessor's written consent is granted, Lessee shall pay all expenses in connection with such assignment and Lessee shall remain primarily obligated to Lessor

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for performance of all provisions of this Lease.

14. Use of Premises by Lessee. The Premises will be used as office space for the Lessee.

15. Entry and Inspection. Lessee shall permit Lessor or Lessor’s agents to· enter upon the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same.

16. Indemnification. To the extent permitted by law, Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the Premises or any part thereof in connection with this Lease, unless caused by the gross negligence or willful misconduct of Lessor. Lessee agrees to indemnify and hold Lessor harmless from any claims for damages which arise in connection with any such occurrence. Lessor agrees to indemnify and hold Lessee harmless from any claims for damages which arise from the gross negligence or willful misconduct of Lessor in connection with the Premises or this Lease. Said indemnifications shall include indemnity from any reasonable costs or fees which the indemnified party may incur in defending any such claim. The provisions of this Section shall survive termination of this Lease.

17. Lessor's Remedies on Default. If Lessee defaults in the payment of rent or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within thirty (30) days after the giving of such notice (or if the default is of a nature that it cannot be completely cured within such period, if Lessee does not commence such cure within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease on not less than thirty (30) days' notice to Lessee. On the date specified in such notice, the term of this Lease shall terminate and Lessee shall then quit and surrender the Premises to Lessor, without extinguishing Lessee’s liability. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Premises by any lawful means and remove Lessee or other occupants and their effects.

18. Waiver. No Failure to Lessor to enforce any term hereof shall be deemed to be a waiver.

19. Notices. Any notice, request, demand, or other communication which either party may or is required to give, shall be in writing and shall be delivered in person or sent to the address set forth herein below by registered or certified mail, return receipt requested with postage prepaid, by commercial overnight courier, with written verification of receipt, or by telecopy. A notice shall be deemed given: (a) w h e n delivered by personal

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delivery (as evidenced by the receipt); (b) three (3) days after deposit in the mail if sent by registered or certified mail; (c) one (1) business day after having been sent by commercial overnight courier as evidenced by the written verification of receipt or (d) on the date of confirmation if telecopies. Either party may change its address for receiving notice by written notice given to the other in accordance with the provisions of this Notices section.

To Lessor
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez
Phone: (760) 501-8111
E-mail: [email protected]
To Lessee
LEAP Institute
P.O. Box 1497
Huron, CA 93234-1497
Attn: Rey Leon

20. No Agency/Employment. In performing the terms of this Lease, the Lessor and Lessee each remain an autonomous and separate entity, solely responsible for its own actions and those of its officers, employees, agents and volunteers. No relationship of employment, agency, partnership or joint venture is to be created by or implied from this Lease.

21. Time of Essence. Time is of the essence of this Lease.

22. Entire Agreement. This instrument constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties.

23. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of California.

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IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above:

LESSEE:

L A T I N O EQ U I T Y A D V O C A C Y & PO L I C Y I N S T IT U T E California Non-Profit
By:

Rey Leon, Executive Director
LESSOR:

CITY OF COACHELLA
California Municipal Corporation
By:

Dr. Gabriel D. Martin, City Manager
Attest:

By:

Angela M. Zepeda
City Clerk - City of Coachella
Approved as to Form:

By:

Best, Best & Krieger LLP
City Attorney

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EXHIBIT "A"
DESCRIPTION OF BUILDING:

The City of Coachella (Lessor) owns real property (approximately 9,589 square foot “Building”) located at 1515 Sixth Street, Assessor Parcel Numbers: 009 - 618 - 4 7 2 , in the City of Coachella, County of Riverside, and the State of California.
“Premises” (100 square feet); highlighted below.

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EXHIBIT “B"

SURVEY OF PREMISES
Pending

Item 15.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve vehicle leases for FY 2024/25 with Enterprise Fleet Management Inc.

SPECIFICS:  Authorize the City Manager to approve the Lease Rate Quotes for:
twelve (12) Ford F-150 units and one (1) Ford Explorer from Enterprise Fleet Management, Inc.
 Authorize FY 24/25 appropriation of $70,000.00 for safety lighting of new units.

STAFF RECOMMENDATION:

It is recommended that the City Council:
 Authorize the City Manager to approve a Lease Rate Quote for twelve (12) Ford F-150 units and one (1) Ford Explorer from Enterprise Fleet Management, Inc.  Authorize FY 24/25 appropriation of $70,000.00 for safety lighting of new units.

EXECUTIVE SUMMARY:

The City maintains a fleet of vehicles and equipment for use by various City departments, which include light, medium and heavy-duty vehicles. Prior to 2020, the City of Coachella has historically purchased and owned all fleet vehicles and equipment. Since 2020, the City of Coachella has leased its light duty vehicles to decrease the average age of these units; in 2019 the average age of these units was 13 years.

Today the average age of the City’s fleet is 6 years. This positive change in the reduced age of the City’s fleet is due to the City Council’s decision, in February 2020, to surplus and replace eleven/twelve units annually through a Master Equity Lease Agreement with Enterprise Fleet Management (EFM).

The first lease order made in February 2020 was for twelve (12) Ford F-150 units; in June 2025 the lease for these twelve units will expire. Staff recommends placing the order for the replacement units now to ensure there is no operational impact to staff as they are factory ordered units; additionally, this will ensure the city can return the 2020 units to EFM as scheduled in the lease agreement to maximize the per unit equity.

Item 16.

Staff recommends authorizing the City Manager to approve the lease rate quotes and order the following: twelve Ford F-150 replacement units and one additional unit identified by City staff for operational needs (Ford Explorer (Code Enforcement)). The lease rates are identified below:
- twelve (12) 2025 Ford F-150XL 4x4 SuperCab units; monthly cost per unit with maintenance $766.28;
- one (1) Ford Explorer; monthly cost per unit with maintenance $879.39; FISCAL IMPACT:

The total cost to install needed safety equipment to required units is $70,000. Staff is requesting an appropriation of $70,000.00 to appropriately outfit the identified equipment.

Attachments:

Lease Rate Quotes
- 2025 Ford F-150XL 4x4
- 2025 Ford Explorer

Item 16.

Prepared For: City of Coachella Date 09/30/2024
Martinez, Maritza AE/AM JDD/am
Unit #
Year 2025 Make Ford Model F-150
Series XL 4x4 SuperCab 6.5 ft. box 145 in. WB
Vehicle Order Type Ordered Term 60 State CA Customer# 588084 $ 48,141.00 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 683.05 * Initial License Fee
$ 0.00 Registration Fee
$ 300.00 Other: (See Page 2)
$ 0.00 * Capitalized Price Reduction
$ 0.00 * Tax on Capitalized Price Reduction
$ 13,000.00 Gain Applied From Prior Unit
$ 1,137.50 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color Oxford White
Interior Color Black w/Medium Dark Slate w/Vinyl 40/20/40 Fr Lic. Plate Type Exempt
GVWR 0
$ 35,441.00 Total Capitalized Amount (Delivered Price)
$ 478.45 Depreciation Reserve @ 1.3500%
$ 173.73 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 652.18 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 57.03 Full Maintenance Program 3 Contract Miles 37,500 OverMileage Charge $ 0.0720 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 57.03 Additional Services SubTotal
$ 57.07 Sales Tax 8.7500% State CA
$ 766.28 Total Monthly Rental Including Additional Services $ 6,734.00 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Coachella

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 8336325
Printed On 09/30/2024 11:38:27 AM Page 1 of 6

Item 16.

Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge B $ 125.00
Courtesy Delivery Fee C $ 300.00
Total Other Charges Billed $ 125.00
Total Other Charges Capitalized $ 300.00
Other Charges Total $ 425.00
Open-End (Equity) Lease Rate Quote Quote No: 8336325
Printed On 09/30/2024 11:38:27 AM Page 2 of 6

Item 16.

VEHICLE INFORMATION:
2025 Ford F-150 XL 4x4 SuperCab 6.5 ft. box 145 in. WB - US Series ID: X1L
Pricing Summary:

INVOICE MSRP
Base Vehicle $43,319 $45,360.00
Total Options $2,767.00 $3,040.00
Destination Charge $1,995.00 $1,995.00
Total Price
SELECTED COLOR:

Exterior: YZ-Oxford White
Interior: AS-Black w/Medium Dark Slate w/Vinyl 40/20/40 Front Seat SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
101A Equipment Group 101A Standard NC NC
145WB 145" Wheelbase STD STD
153 Front License Plate Bracket NC NC
425 50 State Emissions System STD STD
44G Transmission: Electronic 10-Speed Automatic Included Included 53T Tow/Haul Package $715.00 $785.00
64C Wheels: 17" Silver Steel Included Included
67T Integrated Trailer Brake Controller Included Included 96W Tough Bed Spray-In Bedliner $542.00 $595.00
998 Engine: 3.5L V6 EcoBoost $1,510.00 $1,660.00
A Vinyl 40/20/40 Front Seat NC NC
AS_02 Black w/Medium Dark Slate w/Vinyl 40/20/40 Front Seat NC NC NONGV GVWR: 7,100 lbs Payload Package Included Included PAINT Monotone Paint Application STD STD
STDRD Radio: AM/FM Stereo w/6 Speakers Included Included STDTR Tires: 265/70R17 BSW A/T Included Included
SYNC SYNC 4 w/Enhanced Voice Recognition Included Included WARANT Fleet Customer Powertrain Limited Warranty NC NC XL9 Electronic Locking w/3.55 Axle Ratio Included Included YZ_01 Oxford White NC NC
$48,081.00 $50,395.00
Open-End (Equity) Lease Rate Quote Quote No: 8336325
Printed On 09/30/2024 11:38:27 AM Page 3 of 6

Item 16.

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Driver Door: reverse opening rear passenger doors
Rear Cargo Door Type: tailgate
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Door Handles: black
Front And Rear Bumpers: black front and rear bumpers with black rub strip Rear Step Bumper: rear step bumper
Front Tow Hooks: 2 front tow hooks
Front License Plate Bracket: front license plate bracket Bed Liner: bed liner
Box Style: regular
Integrated Storage: pickup integrated storage
Body Material: aluminum body material
: class IV trailering with harness, hitch, brake controller Grille: black grille
Convenience Features:

Air Conditioning manual air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (front doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Remote Engine Start: remote start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Emergency SOS: SYNC 4 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Overhead Console: mini overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
Interior Concealed Storage: interior concealed storage
IP Storage: bin instrument-panel storage
Entertainment Features:
radio AM/FM stereo with seek-scan
Radio Data System: radio data system
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: FordPass Connect 5G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off reflector LED low/high beam headlamps Auto-Dimming Headlights: Auto High Beam auto high-beam headlights Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Printed On 09/30/2024 11:38:27 AM Page 4 of 6

Item 16.

Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance
Tachometer: tachometer
Voltometer: voltmeter
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: rear parking sensors
Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: front pedestrian detection
Forward Collision Alert: forward collision
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Clock: in-radio display clock
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: manual tailgate/rear door lock Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-rollover Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Printed On 09/30/2024 11:38:27 AM Page 5 of 6

Item 16.

Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear 60-40 split-bench seat
Rear Folding Position: rear seat fold-up cushion
Leather Upholstery: vinyl front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Cabback Insulator: cabback insulator
Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
Standard Engine:

Engine 400-hp, 3.5-liter V-6 (regular gas)
Standard Transmission:

Transmission 10-speed automatic w/ OD and PowerShift automatic Printed On 09/30/2024 11:38:27 AM Page 6 of 6

Item 16.

Prepared For: City of Coachella Date 11/06/2024
Martinez, Maritza AE/AM JDD/ALI
Unit #
Year 2025 Make Ford Model Explorer
Series Active 4dr 4x4
Vehicle Order Type Ordered Term 60 State CA Customer# 588084 $ 40,836.00 Capitalized Price of Vehicle1
$0.00 * Sales Tax 0.0000% State CA
$ 601.09 * Initial License Fee
$ 0.00 Registration Fee
$ 300.00 Other: (See Page 2)
$ 0.00 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$87.50 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color Oxford White
Interior Color Dark Gray/Onyx w/Unique Heated Cloth Captain' Lic. Plate Type Exempt
GVWR 0
$ 41,136.00 Total Capitalized Amount (Delivered Price)
$ 555.34 Depreciation Reserve @ 1.3500%
$ 200.86 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 756.20 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 57.03 Full Maintenance Program 3 Contract Miles 37,500 OverMileage Charge $ 0.0720 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 57.03 Additional Services SubTotal
$ 66.16 Tax 8.7500% State CA
$ 879.39 Total Monthly Rental Including Additional Services $ 7,815.60 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Coachella

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 8443760
Printed On 11/06/2024 07:00:34 PM Page 1 of 6

Item 16.

Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge B $ 125.00
Courtesy Delivery Fee C $ 300.00
Total Other Charges Billed $ 125.00
Total Other Charges Capitalized $ 300.00
Other Charges Total $ 425.00
Open-End (Equity) Lease Rate Quote Quote No: 8443760
Printed On 11/06/2024 07:00:34 PM Page 2 of 6

Item 16.

VEHICLE INFORMATION:
2025 Ford Explorer Active 4dr 4x4 - US
Series ID: K8D
Pricing Summary:

INVOICE MSRP
Base Vehicle $40,181 $41,855.00
Total Options $0.00 $0.00
Destination Charge $1,595.00 $1,595.00
Total Price
SELECTED COLOR:

Exterior: YZ-Oxford White
Interior: 8H-Dark Gray/Onyx w/Unique Heated Cloth Captain's Chairs SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
119WB 119.1" Wheelbase STD STD
200A Equipment Group 200A Standard Package NC NC
8 Unique Heated Cloth Captain's Chairs Included Included 153 Front License Plate Bracket NC NC
425 50 State Emissions System STD STD
44T Transmission: 10-Speed Automatic Included Included
8H_02 Dark Gray/Onyx w/Unique Heated Cloth Captain's Chairs NC NC 99H Engine: 2.3L EcoBoost I-4 Included Included
PAINT Monotone Paint Application STD STD
STDAX 3.58 Non-Limited Slip Rear Axle Included Included STDRD Radio: AM/FM Stereo Included Included
STDTR Tires: P255/65R18 AS BSW Included Included
STDWL Wheels: 18" Sparkle Silver-Painted Aluminum Included Included YZ_02 Oxford White NC NC
$41,776.00 $43,450.00
Open-End (Equity) Lease Rate Quote Quote No: 8443760
Printed On 11/06/2024 07:00:34 PM Page 3 of 6

Item 16.

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Spoiler: rear lip spoiler
Door Handles: body-coloured
Front And Rear Bumpers: body-coloured front and rear bumpers Front Bumper Insert: metal-look front bumper insert
Front License Plate Bracket: front license plate bracket Body Material: galvanized steel/aluminum body material
: class III trailering with harness, hitch
Body Side Cladding: black bodyside cladding
Grille: black w/chrome accents grille
Convenience Features:

Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Rear Air Conditioning: rear air conditioning with separate controls Voice Activated A/C: voice activated air conditioning
Cruise Control: cruise control with steering wheel controls, adaptive Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Passive Entry: Intelligent Access proximity key
Trunk FOB Controls: keyfob trunk/hatch/door release
Remote Engine Start: remote start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors Emergency SOS: 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 4 12V DC power outlets
Entertainment Features:
radio SiriusXM AM/FM/Satellite with seek-scan
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: FordPass Connect 5G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off reflector LED low/high beam headlamps Auto-Dimming Headlights: Auto High Beam auto high-beam headlights Front Wipers: variable intermittent speed-sensitive wipers wipers Printed On 11/06/2024 07:00:34 PM Page 4 of 6

Item 16.

Rear Window wiper: fixed interval rear window wiper with heating wiper park Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front and rear reading lights
Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance
Tachometer: tachometer
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: Reverse Sensing System rear parking sensors Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: front pedestrian detection
Following Distance Indicator: following distance alert
Forward Collision Alert: forward collision
Water Temp Gauge: water temp. gauge
Oil Level Gauge: oil level gauge
Clock: in-radio display clock
Systems Monitor: driver information centre
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Bulb Failure Warning: bulb-failure warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: compact spare tire
Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st, 2nd and 3rd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated w/puddle lights perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: SecuriLock immobilizer
Printed On 11/06/2024 07:00:34 PM Page 5 of 6

Item 16.

Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-rollover Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 2 rear head restraints
3rd Row Headrests: 2 manual adjustable third row head restraints Seats And Trim:

Seating Capacity max. seating capacity of 6
Front Bucket Seats: front bucket seats
Front Heated Cushion: driver and passenger heated-cushions Front Heated Seatback: driver and passenger heated-seatbacks Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Lumbar: power 2-way driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining captain seat
Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: rear seat fold-forward seatback
Rear Seat Mounted Armrests: rear seat mounted armrest
3rd Row Seat Type: fixed third row 50-50 bench seat
3rd Row Electric Control: fold into floor third row seat Leather Upholstery: cloth front and rear seat upholstery Door Trim Insert: cloth door panel trim
Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: piano black/metal-look instrument panel insert, door panel insert, console insert LeatherSteeringWheel: leather steering wheel
Floor Mats: carpet front and rear floor mats
Interior Accents: chrome/metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Tie Downs: cargo tie-downs
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:

Engine 300-hp, 2.3-liter I-4 (premium)
Standard Transmission:

Transmission 10-speed automatic w/ OD
Printed On 11/06/2024 07:00:34 PM Page 6 of 6

Item 16.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Director
SUBJECT: Authorize Contract Amendment #1 for Coachella Sanitary District Headworks Screening Improvement Project S – 29 in the Amount not to Exceed $53,050.00 STAFF RECOMMENDATION:

Authorize the City Manager to execute contract amendment #1 for Coachella Sanitary District Headworks Screening Improvement Project S – 29 in the Amount not to Exceed $53,050.00 BACKGROUND:

On February 28, 2024, City Council authorized the execution of a Professional Service Agreement with Dudek in the amount of $144,825.00 for final engineering plans, construction specifications and cost estimates for Coachella Sanitary District Headworks Screening Improvements.

DISCUSSION/ANALYSIS:

The initial contract covered the design of headworks screening improvements including the addition of a new screening device, screening conveyance device, dewatering device and associated combined control panel. The project has completed the 50% design submittal of the project and is in the process of completing the 100% design submittal for the project.

During the progressing of the design to 100%, it was determined that the area pre-selected for the installation of the combined control panel is a Class 1 Div 2 classification as per NFPA-820. This classification requires NEMA 7 control panel enclosures, the NEMA 7 control panel in this location will experience temperatures that exceed the safe working temperatures of the PLC components inside of the enclosures.

City staff and the project team propose that the conflict can be abated by relocating he proposed location for the control panel into the existing MCC building. In addition to the relocation of the Control Panel, changes must be made to the design documents that were not captured in the original scope of work, including the starters for the screens, conveyor, and washer/compactor being in the MCC, not in the vendor control panel. Dudek will provide additional schematic drawings and additional design time spent on the conduit block diagram and P&IDs.

Item 17.

FISCAL IMPACT:

An additional allocation of $53,050.00 is requested from the Sewer Connection Fund (361) to CIP Project S-29 – 361-21-449-60-737-000
ATTACHMENTS:

1. Contract Amendment #1 Proposal for Coachella Sanitary District Headworks Screening Improvement Project

Item 17.

Budget Amendment Request 1
October 1, 2024
Castulo Estrada
Utilities Manager
City of Coachella
87075 Avenue 54
Coachella, California 92236
Subject: Contract Amendment for Coachella Sanitary District Headworks Screening Improvement Project Dear Mr. Estada,
Dudek and the City entered into a professional services agreement for the Headworks Screening Improvement project on May 5, 2024 for a total contract value of $144,825. The initial contract covered the design of headworks screening improvements including the addition of a new screening device, screening conveyance device, dewatering device and associated combined control panel. Our team has already completed he 50% design submittal of the project and is in the process of completing the 100% design submittal for the project.

During the progressing of the design to 100%, it was determined that the area pre-selected for the installation of the combined control panel is a Class 1 Div 2 classification as per NFPA-820. This classification requires NEMA 7 control panel enclosures, the NEMA 7 control panel in this location will experience temperatures that exceed the safe working temperatures of the PLC components inside of the enclosures. We propose that the conflict can be abated by relocating he proposed location for the control panel into the existing MCC building. In addition to the relocation of the Control Panel, changes must be made to the design documents that were not captured in he original scope of work, including the starters for the screens, conveyor, and washer/compactor being in the MCC, not in the vendor control panel. This required two additional schematic drawings and a additional design time spent on the conduit block diagram and P&IDs.

Scope of Work
The following scope of work is proposed to assist the City with the relocation of the Control Panel to the MCC building and to progress a pre-purchase of major equipment agreement between the City and Misco.

Task 1: Project Management and Project Status Reporting  Preparation of monthly invoices and progress reports
 Monthly budget and schedule tracking
 Regular communication between Dudek project manager, City, and project team  Facilitate quality control reviews of deliverables
 Meetings:
o Provide slide deck for the City Council meeting in late October, due to client 10/16

Item 17.

Budget Amendment Request 2
Task 2: Design Documents Updates
 Revise design drawings to place control panel in the MCC building and provide remote control stations in the field located at each piece of equipment.
 Coordination with equipment vendors
 Update specifications
 Updated 100% EOPCC
 Updated design drawings to include vendor-provided drawings, when available Fee Estimate
A time and materials not to exceed fee of $53,050 is estimated for this work in accordance with the fee estimate Table 1 below.

Table 1. Fee Estimate
Schedule
Dudek estimates the following updated schedule to complete the Contract Amendment work and produce an updated final design submittal.

Item 17.

Budget Amendment Request 3
Thank you for your consideration of this budget amendment request. We are here to discuss any questions or concerns you may have so please do not hesitate to contact me at (510) 636-5640 or [email protected].

Sincerely,
Sam Hawkinson, P.E.

Project Manager
Dudek

Item 17.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Director
SUBJECT: Authorize Addendum No 4: Professional Additional Engineering Services for Water Systems Consolidation of Mesquite Water Mutual Association, City Project No. W-32 for the Total Amount of $19,400
STAFF RECOMMENDATION:

Authorize the City Manager to execute Addendum No 4: Professional Additional Engineering Services for Water Systems Consolidation of Mesquite Water Mutual Association, City Project No. W-32 for the Total Amount of $19,400.00.

BACKGROUND:

The City of Coachella secured a Drinking Water State Revolving Fund (DWSRF) grant in the amount of $1,575,100.00 to provide water services to the Mesquite community. The existing onsite private well failed and can no longer provide adequate potable water supply. The Coachella Water Authority (CWA) has provided emergency “temporary” water connection to the Mesquite community since September of 2016. Since the City and CWA has been coordinating with the State, Riverside County and the Mesquite community to develop a permanent connection to its system.

DISCUSSION/ANALYSIS:

On June 12, 2024, the City Council authorized the execution of a construction contract with Jacobsson Engineering Construction Inc. in the amount of $2,136,711.50 plus 10% contingency.

The total project cost authorized by council action, including the construction contract, 10% construction contingency, materials testing, construction survey is as follows:

Project Item: Project Cost:

Materials Testing $ 15,000.00
Construction $ 2,136,711.50
Construction Survey $ 10,000.00
Construction Contingency (10%) $ 213,674.15
TOTAL PROJECT COST: $2,375,385.65

Item 18.

Construction services will be provided on a time and materials basis at the request of the City.

This addendum includes 90 hours of staff at a cost not to exceed $19,400.00 FISCAL IMPACT:

No fiscal impact, the budget approved on June 12, 2024 has the necessary funds for the proposed cost to provide professional engineering support during construction. CIP Project No. W-32 ATTACHMENTS:

1. Addendum No 4: Professional Additional Engineering Design Services for Water Systems Consolidation of Mesquite Water Mutual Association and Fee Proposal

Item 18.








 


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 Page 250
Item 18.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Adopt Resolution No. 2024-61 Authorizing State of California Cannabis Equity Act Grant Funding
STAFF RECOMMENDATION:

Staff recommends that the City Council consider adopting Resolution No. 2024-61 authorizing the City Manager to submit an application to the Office of the Governor’s Business and Economic Development’s (Go-Biz) under the FY 2024-25 Cannabis Equity Grants Program for Local Jurisdictions in the amount of $500,000 and authorize the City Manager to execute any and all necessary documentation, including a standard agreement to accept the grant funds, if awarded.

BACKGROUND:

In 2019, the City of Coachella Cannabis Equity Program was established to support equitable opportunities in the local cannabis industry by making legal cannabis business ownership and employment opportunities more accessible to individuals negatively impacted by the prior criminalization of cannabis in Long Beach. This support includes access to resources such as direct technical assistance and grants, expedited application review, and priority consideration in the licensing process for Local Equity Applicants/Licensees. GO-Biz, in accordance with the California Cannabis Equity Act, administers the Cannabis Equity Grants Program for Local Jurisdictions to aid local equity program efforts to support equity applicants. GO-Biz requires 80 percent of the City's total grant award to be redistributed to equity applicants in the form of direct grants. The remaining 20 percent is split evenly between administrative costs and direct technical assistant costs.

DISCUSSION/ANALYSIS:

The latest grant award will be utilized to assist equity applicants with ongoing and startup costs including rent/lease payments, local licensing and regulatory fees, legal assistance, regulatory compliance, capital improvements, furniture, fixtures, and equipment. In addition, the grant award will help to continue to fund administrative costs and technical assistance to provide educational resources and one-on-one advisory services in the areas of site location and lease negotiation, financial assistance, and regulatory compliance.

Item 19.

ALTERNATIVES:

1. Adopt Resolution No. 2024-61 Authorizing State of California Cannabis Equity Act Grant Funding

2. Not Adopt Resolution No. 2024-61 Authorizing State of California Cannabis Equity Act Grant Funding
FISCAL IMPACT:

The grant has no required match or in-kind service mandate. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. This recommendation will result in the continued employment of City staff funded through this grant who help administer the Cannabis Equity Program in the Development Services Department.

ATTACHMENT:

Resolution No. 2024-61

Item 19.

RESOLUTION 2024-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA

CALIFORNIA AUTHORIZING STATE OF CALIFORNIA CANNABIS EQUITY ACT

GRANT FUNDING
The City Council of the City of Coachella finds:

WHEREAS, the members of the California Legislature have recognized the need for cannabis equity grant funding;
WHEREAS, funding has been provided to the Governor’s Office of Business and Economic Development to provide grant funds to local governments; WHEREAS, the City Council of the City of Coachella has adopted and operates a local equity program for commercial cannabis activity.

WHEREAS, the City Council of the City of Coachella has determined that it will use grant funds from the Governor’s Office of Business and Economic Development to assist local equity applicants and licensees through its local equity program for commercial cannabis activity as described in its application for grant funds.

NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Coachella is authorized to execute by electronic signature on behalf of the City Council of the City of Coachella, the grant agreement with the Governor’s Office of Business and Economic Development, including any extensions or amendments thereof and any subsequent grant agreement with the Governor’s Office of Business and Economic Development in relation thereto.

IT IS AGREED that any liability arising out of the performance of this grant agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The Governor’s Office of Business and Economic Development and the State of California disclaim responsibility for any such liability.

Item 19.

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

Item 19.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-61 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of November, 2024, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 19.

TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Ordinance No. 1217 - An Ordinance Increasing Compensation of the Elected City Clerk and the City Treasurer Positions
RECOMMENDED ACTION:

It is recommended that the City Council discuss and consider adopting an ordinance to increase the salary compensation of the City Clerk and the City Treasurer.

BACKGROUND:

In 2005, the City Council set the monthly salary for the City Clerk and City Treasurer at Three Hundred Dollars and Zero Cents ($300.00). Since that time, nineteen (19) years have passed and the compensation amount has not been adjusted.

DISCUSSION/ANALYSIS:

The Coachella Municipal Code Section 2.08.010 provides for the salary of the City Clerk and City Treasurer to be $300.00 per month. However, the salary of the City Clerk and City Treasurer was set in 2005 and there has not been an increase or adjustment in the last nineteen (19) years.

The City Clerk and the City Treasurer, in a general-law city, must receive, at stated times, a compensation fixed by ordinance or resolution, pursuant to California Government Code Section 36517.

The only other City in the Coachella Valley with an elected City Clerk and City Treasurer is the City of Indio. The salary for the City Clerk in 2023 was $1,200.00 per year and the City Treasurer salary was $200 per year per transparentcalifornia.com. Similarly, the elected City Clerk and City Treasurer for the City of Banning have a fixed yearly salary of $1,200.00 not including benefits.

In contrast, in the City of Blythe the elected City Clerk has a fixed yearly salary of $7,200.00 plus benefits. The City of Blythe elected City Treasurer has a fixed yearly salary of $6,000 plus benefits.

Currently, the monthly salary for each City Council member is $1,275.00.

The proposed Ordinance would increase the City Clerk and City Treasurer salary by an amount decided by the City Council. Any City Clerk and City Treasurer salary increase would take effect on the proposed Ordinance’s effective date.

STAFF REPORT
11/13/2024

Item 20.

The increase in salary is in the best interests of the City because it will encourage qualified persons to seek the positions of the City Clerk and City Treasurer and ensure that the City Clerk and City Treasurer positions are compensated comparably to City Clerk and City Treasurer positions of other general law cities.

Proposed Salary Increases:

Option: Annual Compensation: Monthly Compensation:

A $7,200/year $600/month
B $12,000/year $1,000/month
C $14,400/year $1,200/month
ALTERNATIVES:

1. Provide Staff with an alternative compensation

2. Continue this item and provide staff with direction

FISCAL IMPACTS
City Clerk and City Treasurer compensation, under this ordinance, will increase the impact to the General Fund below:

Option: Annual Impact to the General Fund:

A $3,600 x 2 = $7,200
B $8,400 x 2 = $16,800
C $10,800 x 2 = $21,600

ATTACHMENT

1. Ordinance No. 1217 - An Ordinance Increasing Compensation of the Elected City Clerk and the City Treasurer Positions

Item 20.

ORDINANCE NO. 1217

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA, AMENDING
COACHELLA MUNICIPAL CODE SECTION 2.08.010

REGARDING CITY CLERK AND TREASURER

COMPENSATION
WHEREAS, the City of Coachella, California (“City”) is a general law city organized and existing under the Constitution and laws of the State of California; and WHEREAS, the City Municipal Code Section 2.08.010 provides for the salary of the City Clerk and City Treasurer to be Three Hundred and Zero Cents ($300.00) per month; and WHEREAS, Government Code section 36517 allows the City Council to fix City Clerk and City Treasurer salaries by ordinance or resolution; and WHEREAS, in line with recent City employee salary increases, the City Council desires to also increase the salaries for the City Clerk and City Treasurer by amending Coachella Municipal Code section 2.08.010; and
WHEREAS, the proposed salary increases are in compliance with the Government Code; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred; and

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

SECTION 1. Incorporation of Recitals. The Recitals herein are true and correct and incorporated herein by this reference.

SECTION 2. Amendment to Municipal Code. Coachella Municipal Code Chapter

2.08.010 Compensation of the City Clerk and City Treasurer established is amended to read as follows:
“2.08.010 – Compensation of the city clerk and city treasurer established.

The compensation of the city clerk and the city treasurer is fixed as follows:

City clerk (per month plus health benefits in
the same amount as paid to management
employees and council members)
$300

Item 20.

City treasurer (per month plus health benefits
in the same amount as paid to management
employees and council members)
$300
The new compensation of the city clerk and the city treasurer shall be fixed as follows:

City clerk (per month plus health benefits in
the same amount as paid to management
employees and council members)
$___
City treasurer (per month plus health benefits
in the same amount as paid to management
employees and council members)
$___
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Publication. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once, in a newspaper of general circulation, published and circulated in the City of Coachella, California.

This Ordinance of the City of Coachella shall be effective thirty (30) days after the date of its passage.

Item 20.

PASSED, APPROVED, AND ADOPTED this 13 of November, 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 20.

STAFF REPORT
11/13/2024
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Authorize the City Manager to Execute a Professional Service Agreement with Colleen Edwards, Inc. for the Coachella Youth Cultural Center to Provide Conceptual Design Services in the Amount of $29,700.

STAFF RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute the attached Professional Services Agreement with Colleen Edwards, Inc. for the Coachella Youth Cultural Center to provide conceptual design services in the amount of $29,700.

BACKGROUND:

Culturas Music & Arts is a Coachella based non-profit organization promoting art and culture in the Eastern Coachella Valley. The organization was founded in 2009 and has worked to change the stigma of the Eastern Coachella Valley by providing art and music venues and working with artists, musicians, and local organizations to realize projects.

In MONTH XX, 2022, the City and Culturas Music and Arts entered into a 10-year lease agreement for the old corporate yard property located at 510 Vine Avenue to create and operate a youth cultural center that will provide vital programs and services to the youth of the City. These services include a recording studio; community library and lounge with videos and computers; outdoor community space and amphitheater for open mic, garage bands, performances, dancing, park area; storage; ADA restrooms; ceramic center; welding shop; woodshop; community garden; multipurpose dance studio; culinary kitchen; art gallery and administrative area.

DISCUSSION/ANALYSIS:

The City Council has made a commitment to repurpose old City facilities so that they can improve and increase services to the residents of the City. Staff has started identifying these buildings and established a development strategy that will determine the feasibility of each facility. The objective of this development strategy is to identify programs, services, conceptual design options, site plans and engineer estimates in order to identify possible grant funding opportunities. The following buildings have gone through this development strategy, 1) The Old City Hall Building, 2) the Old Library Building and 3) The Hidden Harvest Packing House Building. Therefore, allowing Staff

Item 21.
to obtain over $15 million dollars in grant funds to rehabilitate and renovate the Old Library and Hidden Harvest Packing House buildings.

Colleen Edwards, Inc. will work with Poon Designs to provide concept design services for the Coachella Youth Cultural Center Project. This phase launches the project, explores options, and results in the general design intent of the project: design concepts/options, floor plan and site plan diagrams, and other conceptual and preliminary drawings necessary to illustrate approximately the scale and relationship of the project components. The scope of services is provided below:
 Project kick-off: review property in person and associated existing project information, and discuss design goals, administrative procedures, and schedule.  Review client-provided “as-builts”: measured, technical drawings of the existing house in AutoCAD or Revit. If further as-builts are needed, Poon Design or a third party company can provide this as an Additional Service, for additional fee. See end of document.  Research precedents and discuss inspiration.
 Prepare the following deliverables: floor plan and site plan diagrams, elevations, sketches, renderings, etc. as deemed necessary by the architect to display the design intent.  At a preliminary level, review laws, codes, and regulations applicable to our services.  Coordinate with general contractor, if available, to establish preliminary construction cost estimate and schedule.

This phase of work will begin with studying two conceptual options: renovation vs. new construction. One direction will be selected for further development. The final deliverables for the one direction will be the following:
 Story board of precedence, inspiration, and design themes  Diagrammatic floor plans
 Three renderings
The schedule is provided below:
 Week 1 & 2: Verify site conditions, brainstorm, and design  Week 3: Client presentation - review of two concepts: renovation vs. new construction  Week 3 & 4: Development of preferred concept
 Week 5: Client presentation - developed concept