Item 25.
F15 CALIFORNIA R6 Area 7.8226 ACRE ISOLATE 33.70620548 -116.10039739 F16 CALIFORNIA R6 Area 185.0508 ACRE ISOLATE 33.70513300 -116.09770706
Item 25.
In Reply Refer to:
FWS/CDFW-RIV-2025-0040628
January 14, 2025
Sent by Email
Gabriel Perez
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
[email protected]
Peter Satin
Coachella Valley Conservation Commission
74-199 El Paseo, Suite 100
Palm Desert, CA 92260
[email protected]
RE: Wildlife Agencies’ Concurrence Regarding Proposed Like Exchange to Conservation Areas for the KPC Coachella Specific Plan
Dear Gabriel Perez and Peter Satin:
The U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife (Wildlife Agencies) reviewed the equivalency analysis for the proposed like exchange for the East Indio Hills Conservation Area (EIHCA) and Dos Palmas Conservation Area (DPCA) associated with the KPC Coachella Specific Plan. The Wildlife Agencies concur that the proposed like exchange would result in equal or greater benefits to Covered Species and conserved natural communities as compared to those benefits analyzed in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP).
One notable concern of the Wildlife Agencies regarding the conservation area design is that the land to be added to the DPCA will result in a donut-shaped configuration of the DPCA with unconserved land in the center. The Wildlife Agencies are concerned about the potential for increased edge effects associated with potential future development within the center area. To address this issue, the Wildlife Agencies request that CVCC incorporate the conservation of parcels within this center area into the acquisition strategy for the DPCA.
If you have any questions regarding this letter, please contact Jacob Skaggs, Senior Environmental Scientist Specialist, at [email protected]; or Lory Salazar-Velasquez, Fish and Wildlife Biologist, at [email protected].
Item 25.
2 Sincerely,
Heather Brashear Mary Beth Woulfe
Senior Environmental Scientist Supervisor Acting Division Supervisor, Colorado Desert Division California Department of Fish and Wildlife U.S. Fish and Wildlife Service ec:
Kathleen Brundige, CVCC
[email protected]
Meghan Karadimos, Kimley-Horn
[email protected]
Harry Sandoval, County of Riverside
[email protected]
Jagdish Gillan
[email protected]
MARY WOULFE Digitally signed by MARY WOULFE
Date: 2025.01.14 10:02:59 -08'00'
Item 25.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Authorize the Use of HOME Program Income Funds in the Amount of $1,610,000 to Fund Twenty-Four (24) First-Time Homebuyer Program Loans and Authorize the City Manager to Enter into an Agreement with the County of Riverside Housing and Workforce Solutions to Administer the Program Funds STAFF RECOMMENDATION:
Staff recommends that the City Council consider authorizing the use of HOME Program Income funds in the amount of $1,610,000 to fund twenty-four First-Time Homebuyer Program Loans and authorize the City Manager to enter into an agreement with the County of Riverside Housing and Workforce Solutions to administer the program funds.
BACKGROUND:
HOME is the largest Federal block grant to State and local governments designed exclusively to create affordable housing for low-income households. These Participating Jurisdictions (PJs) often work in partnership with local nonprofit groups called Community Housing Development Organizations (CHDOs) to fund a wide range of activities that build, buy, and/or rehabilitate affordable housing for rent, homeownership or provide direct rental assistance to low-income people. The County of Riverside has been an active participant since the inception of the HOME Program in 1992. The program's flexibility allows local governments to use HOME PI funds for loans. The City of Coachella currently participates in the County’s Urban County Program, which allows the County to manage Community Development Block Grant (CDBG) and HOME Investment Partnerships Program funds on the City’s behalf.
The County of Riverside Housing and Workforce Solutions has the capacity to administer the City’s HOME program income funds and assume full responsibility for all required reporting to the California Department of Housing and Community Development (HCD). This arrangement would streamline project management and ensure compliance with State reporting requirements.
This option would require for the City to enter into a formal partnership with the County through a Memorandum of Understanding (MOU) to define the roles and responsibilities of both parties in administering projects funded with HOME program income funds. This agreement would also establish the framework for project oversight, financial management, and compliance with State and federal regulations, ensuring an effective and coordinated approach to managing this funding.
Item 26.
DISCUSSION/ANALYSIS:
In October 2011, the City of Coachella acquired approximately 20 vacant lots that were part of the “La Colonia II” community (Tract No. 32074) as part of a Bank Trustee Sale. Then, in June 2014 the City acquired all of the remaining lots (approximately 135 vacant lots) in the subdivision. The City used Quimby (parkland dedication – developer impact fees) because it was the City’s intention to build a City Park on this property. In April 2015, the City’s General Plan Update redesignated the subject property for “Open Space” uses because this was the prior intended use.
As previously stated, Tract No. 32074 was recorded with dedicated public streets (including street names) and common-area lots for perimeter landscaping and retention basins, ready for future development.
Then as a result of the housing boom, on July 22, 2020 the City Council authorized staff to execute a standard Vacant Land Listing Agreement with Johnson Commercial to list the property for sale to potential home builders. However, staff was subject to new State laws that require public lands to be first advertised for sale to affordable housing builders (“Surplus Land Act”). Accordingly, in September 9, 2020 the City published a Notice of Availability pursuant to the State’s Surplus Land Act, and received back interest from multiple parties. Staff reviewed all of the materials presented by the responding parties and later entered into a 90-day Exclusive Right to Negotiate Agreement with the highest bidder, D.R. Horton Los Angeles Holding Company, to sell the 37.3 acres for future development. The City redesignated the subject site (now Mariposa Point) from Open Space” to “Suburban Neighborhood” to make the current zoning consistent with the General Plan, and to allow the construction of a 155-lot single family residential development on the site.
Since this property was sold pursuant to the Surplus Land Act, this property is subject to a restrictive covenant required by Section 54233 the Surplus Land Act, which means that a property is being sold with a legal agreement (covenant) in place that mandates it must be developed with a certain amount of affordable housing, as per the requirements outlined in California's Surplus Land Act, specifically Section 54233; this covenant is binding on any future owner and has been recorded against the property title to ensure compliance. The developer complied with the Surplus Act Land by dedicating 24 single-family home lots for affordable housing development. The Coachella Valley Housing Coalition, an affordable housing developer, purchased the lots to build 24 single-family affordable housing homes through its Mutual Self-Help housing program.
On September 27, 2024, the County of Riverside Housing and Workforce Solutions received a request for HOME funds from the Coachella Valley Housing Coalition in the amount of $1,400,000 to build out the 24 single-story, 4-bedroom, single-family detached homes located at:
83554-83596 Avenida Campanas
50352-50436 Calle Xavier
83579 Avenida San Domingo
These lots are located in the existing Mariposa Point single family subdivision in the City of Coachella. The Project will serve low-income first-time homebuyer households. The Project will utilize the self-help method of construction. Families, working together as a group, earn sweat equity while building their homes.
Item 26.
The California Department of Housing and Community Development (HCD) is requiring cities with HOME Program Income fund balances to reuse the funds or the funds will need to be returned.
If awarded the HOME PI funding request, the developer could start construction as early as June 2025.
BUDGET
Construction Loan Private Loan $6,204,500
CalHOME Down Payment Assistance $867,945
City of Coachella HOME PI $1,400,000
Homebuyer Sweat Equity $263,555
Administrative Costs (County) $210,000
Total Development Cost $8,946,000
FISCAL IMPACT:
The City’s HOME Program Income fund balance is $1,786,611 and will draw down $1,610,000 and the City will retain $176,611.
ALTERNATIVES:
1. Authorize the Use of HOME Program Income Funds in the Amount of $1,610,000 to Fund Twenty-Four (24) First-Time Homebuyer Program Loans and Authorize the City Manager to Enter into an Agreement with the County of Riverside Housing and Workforce Solutions to Administer the Program Funds
2. Provide alternative direction.
ATTACHMENTS:
None
Item 26.
80237.00000\43225788.1
TO: Honorable Mayor and City Councilmembers
FROM: William Pattison, Acting City Manager
SUBJECT: Adopt Resolution No. 2025-06 Appointing Kaye Reynolds as Interim Finance Director Pursuant to Government Code sections 7522.56 and 21221(h) RECOMMENDED ACTION:
Staff recommends that the City Council adopt Resolution No. 2025-06, A Resolution of the City Council of the City of Coachella, California Appointing Kaye Reynolds as Interim Finance Director.
BACKGROUND:
The City’s Finance Director position is currently vacant. The City has commenced the recruitment process for a new Finance Director, but it is necessary to appoint a Finance Director on an interim basis to serve pending the completion of the recruitment process.
Staff is recommending hiring Ms. Reynolds for a single limited term appointment to perform duties of the Finance Director position while recruitment for a regular Finance Director is underway. Given the need for continuity and a highly trained professional to lead the City’s Finance Department, and Ms. Reynolds’s prior work experience with the City, staff recommends hiring Ms. Reynolds commencing on February 13, 2025, and ending on the date immediately preceding the date on which the regular appointee to the vacant position of Finance Director commences his/her employment or, if earlier, the date that this appointment is terminated by the City or Ms. Reynolds. As a CalPERS retired annuitant, Ms. Reynolds’s hours working for the City, and any other CalPERS employer, cannot exceed 960-hours in the fiscal period from July 1 through June 30.
Since the proposed appointment of Ms. Reynolds is to a vacancy, Government Code Section 21221(h) requires that the appointment be made by the City Council.
FISCAL IMPACTS
Ms. Reynolds will be paid an hourly rate of $106.01 per hour, which is no less than the minimum nor more than the maximum hourly rate paid to a person serving in the Finance
STAFF REPORT
February 12, 2024
Item 27.
80237.00000\43225788.1
Director position. She will not be entitled to any additional compensation, overtime, benefits, paid leave or paid holidays.
DISCUSSION/ANALYSIS
Government Code Section 21221(h) permits the City Council to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours, inclusive of hours worked for other CalPERS employers during same period, in a fiscal year. Ms. Reynolds has 20 years of finance experience, including 8 years of experience in city management as the former City Controller for Coachella and Assistant Finance Director for the City of Apple Valley. Thus, Ms. Reynolds has the specialized skills necessary to perform the duties of Finance Director on an interim basis while the City conducts recruitment for a regular appointment to the Finance Director position. Staff has worked with the City Attorney to ensure that applicable requirements for an appointment pursuant to Section 21221(h) have been met. Included in the Council’s agenda packet is the resolution to appoint Ms. Reynolds as interim Finance Director pursuant to Government Code Section 21221(h)
ALTERNATIVES
Council may choose to reject Staff’s recommendation. This would temporarily leave the City without leadership in the Finance Department.
CONCLUSIONS AND RECOMMENDATIONS
Based on the facts noted in this staff report and the documentation attached hereto, City staff recommends adoption of Resolution No. 2025-06 to appoint Kaye Reynolds as interim Finance Director.
ATTACHMENT
Resolution No. 2025-06, A Resolution of the City Council of the City of Coachella, California Appointing Kaye Reynolds as Interim Finance Director
Item 27.
RESOLUTION No. 2025-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COACHELLA, CALIFORNIA APPOINTING KAYE
REYNOLDS AS INTERIM FINANCE DIRECTOR
WHEREAS, Government Code sections 7522.56 and 21221(h) permit the City Council to appoint a California Public Employees’ Retirement System (“CalPERS”) retired annuitant to a vacant position requiring specialized skills during recruitment for a regular appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the position of Finance Director is currently vacant; and WHEREAS, during the recruitment, selection and final employment of a permanent Finance Director the Coachella City Council desires to appoint Kaye Reynolds as an interim appointment retired annuitant to the vacant position of Finance Director for the City of Coachella under Government Code Section 21221(h), effective February 13, 2025, to provide the leadership, managerial and organizational skills necessary to manage the Finance Department effectively and efficiently; and
WHEREAS, Kaye Reynolds has substantial experience serving in municipal government with an extensive history in management, including as the former Controller of Coachella; and WHEREAS, an appointment under Government Code Section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the announcement for the recruitment for the Finance Director position will be posted on the City’s website located at https://www.governmentjobs.com/careers/coachella no later than February 13, 2025; and
WHEREAS, the 180-day wait period requirement set forth in Government Code Section 7522.56(f) does not apply because Kaye Reynolds has been retired for more than 180 days from employment with any CalPERS employer; and
WHEREAS, this Section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the regular appointment to the vacant position of Finance Director for the City of Coachella commences his or her employment or, if earlier, the date that this appointment is terminated by the City or Kaye Reynolds; and WHEREAS, it is understood by the City Council and Kaye Reynolds that the combined total hours to be worked by Kaye Reynolds in any fiscal year, for all retired annuitant positions with any CalPERS employer, shall not exceed the 960-hour limitation set forth in California Government Code sections 7522.56(d) and 21221(h), unless an exception applies; and
Item 27.
Resolution No. 2025-06
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties and posted on a publicly available pay schedule, divided by 173.333 to equal the hourly rate; and WHEREAS, the minimum hourly rate for this position is $87.21., and the maximum hourly rate for this position is $106.01; and
WHEREAS, the hourly rate to be paid to Kaye Reynolds for her services as Finance Director on an interim basis is $106.01, which is not less than the minimum or in excess of the maximum hourly rate paid to other employees performing comparable duties, subject to any subsequent adjustment to the payrate as adopted by the City Council and reflected on a publicly available pay schedule; and
WHEREAS, Kaye Reynolds has not and will not receive any other benefit, incentive compensation in lieu of benefits or any other form of compensation in addition to this hourly pay rate; and
WHEREAS, pursuant to Government Code section 7522.56(e)(1), Kaye Reynolds must certify in writing to the City, upon accepting an offer of employment, that she has not received any unemployment insurance compensation arising out of prior employment with a public employer that is subject to section 7522.56 during the 12-month period preceding the effective date of this appointment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella, as follows:
SECTION 1. The City Council has considered the full record before it, which may include but is not limited to such things as the agenda staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. Kaye Reynolds has the specialized skills needed to perform the work required of the Finance Director position on an interim basis until a regular Finance Director is appointed by the City Council and thereafter begins service, unless sooner terminated by the City or Kaye Reynolds.
SECTION 3. The City Council hereby appoints Kaye Reynolds as interim Finance Director effective February 13, 2025, pursuant to the authority provided under Government Code sections 21221(h) and 7522.56, during the active recruitment for a regular appointment to Finance Director position, to provide the critically-needed, specialized skills necessary to run the Finance Department.
SECTION 4. The Interim City Manager is authorized to execute an employment agreement for Interim Finance Director services with Kaye Reynolds on behalf of the City of Coachella, provided that such agreement is consistent with the terms set forth in this Resolution.
Item 27.
Resolution No. 2025-06
PASSED, APPROVED and ADOPTED this 12th day of February 2025. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
___________________________________
City Attorney
Item 27.
Resolution No. 2025-06
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-06 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12th day of February 2025, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 27.
STAFF REPORT
February 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Yolanda M. Lopez, Human Resources Management Analyst SUBJECT: Adopt Resolution No. 2025-08 Approving and Adopting the Publicly Available Pay Schedule for Executive Employee Positions in Accordance with CalPERS Guidelines
STAFF RECOMMENDATION:
Adopt a Resolution to approve and adopt a publicly available pay schedule for the Executive group in accordance with CalPERS guidelines.
BACKGROUND:
California Public Employees’ Retirement System (CalPERS), pursuant to California Code of Regulations sections 570.5 and 571.1, requires all CalPERS employers to make their compensation levels publicly available in document(s) approved and adopted by the governing body, which must meet all of the following requirements:
1) Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws;
2) Identifies the position title for every employee position; 3) Shows the pay rate for each identified position, which may be state as a single amount or as multiple amounts within a range;
4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
6) Indicates an effective date and date of any revisions; 7) Is retained by the employer and available for public inspection for not less than five years; and
8) Does not reference another document in lieu of disclosing the pay rate.
The purpose of approving this resolution is to ensure that the City’s Executive salary schedule meets all the applicable requirements. This schedule will be posted on the City’s website. Any subsequent revisions to the schedule will be similarly presented to the City Council for adoption and approval.
Item 28.
ALTERNATIVES:
1. Approve staff’s recommendation to adopt Resolution No. 2025-08 Approving and Adopting a Publicly Available Pay Schedule for the Executive Employee Positions in Accordance with CalPERS Guidelines.
2. Do not approve staff’s recommendation.
FISCAL IMPACT:
There is no fiscal impact, the payrates identified on the publicly available pay schedule reflect rates previously approved by the City Council.
ATTACHMENTS:
1. Resolution No. 2025-08
2. Executive Salary Schedule
Item 28.
RESOLUTION NO. 2025-08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA APPROVING AND ADOPTING THE PUBLICLY
AVAILABLE PAY SCHEDULE FOR EXECUTIVE EMPLOYEE
POSITIONS IN ACCORDANCE WITH CALPERS GUIDELINES
WHEREAS, the City of Coachella (“City”) contracts with the California Public Employees’ Retirement System (“CalPERS”) to provide retirement benefits to eligible employees; and WHEREAS, CalPERS provides pensions to eligible employees pursuant to the Public Employees’ Retirement Law, Government Code section 20000 et seq. (“PERL”) and the Public Employees’ Pension Reform Act (“PEPRA”); and
WHEREAS, CalPERS regulations require that employee salaries be included on a publicly available pay schedule as defined in California Code of Regulations, Title 2, section 570.5 for classic members and section 571.1 for new members; and
WHEREAS, sections 570.5 and 571.1 also require that the City’s salary schedules be approved by the City Council in accordance with public meeting laws; and WHEREAS, salaries for City employees which have been previously approved by the City Council in accordance with City policy and in compliance with applicable public meeting laws must be identified on a publicly available pay schedule; and
WHEREAS, solely for the purpose of complying with sections 570.5 and 571.1, it has been determined that it is in the City’s best interest to have the salary schedule revised and approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coachella, California, that the publicly available pay schedule attached hereto as “Attachment 1”, is approved and adopted.
PASSED, APPROVED and ADOPTED this 12th day of February 2025. ___________________________________
Steven A. Hernandez
Mayor
Item 28.
Resolution No. 2025-08
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
___________________________________
City Attorney
Item 28.
Resolution No. 2025-08
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-08 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12th day of February 2025, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 28.
City of Coachella - Salary Schedule
Executive
Revised 02/12/2025
Approved by Resolution No. 2025-08
Effective 01/24/2024
Salary
City Manager hourly 137.98
(contract) monthly 23,917.00
annually 287,000.00
Item 28.
TO: Honorable Mayor and City Council
FROM: Best Best & Krieger LLP, City Attorney
SUBJECT: Adopt Resolution No. 2025-07 Appointing William Pattison as Interim City Manager Pursuant to Government Code sections 7522.56 and 21221(h)
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2025-07 Appointing William Pattison as Interim City Manager Pursuant to Government Code Section 21221(h)
SUMMARY
The City Manager position became vacant effective February 2, 2025 after required conditions were met on February 12, 2025. The City has commenced the recruitment process for a new City Manager, but it is necessary to appoint a City Manager on an interim basis to serve pending the completion of the recruitment process.
Staff is recommending hiring Mr. Pattison for a single limited term appointment to perform duties of the City Manager position while recruitment for a permanent City Manager is underway. Given the need for continuity and a highly trained professional to lead the City, and Mr. Pattison’s familiarity with the City, staff recommends hiring Mr. Pattison under the provisions of Government Code section 21221(h) commencing on February 2, 2025 and ending on the date immediately preceding the date on which the regular appointee to the vacant position of City Manager commences his/her employment or, if earlier, the date that this appointment is terminated by the City or Mr. Pattison. As a CalPERS retired annuitant, Mr. Pattison’s hours working for the City, and any other CalPERS employer, cannot exceed 960-hours in the fiscal period from July 1 through June 30.
Since the proposed appointment of Mr. Pattison is to a vacancy, Government Code section 21221(h) requires that the appointment be made by the City Council.
Mr. Pattison has been serving as acting City Manager under the provisions of Government Code section 21221(g) while the incumbent City Manager has been on leave. However, once it was confirmed that the position became vacant, Mr. Pattison’s appointment as City Manager is required to be converted to an interim appointment under Government Code section 21221(h).
STAFF REPORT
February 12, 2025
Item 29.
FISCAL IMPACT
Mr. Pattison will be paid an hourly rate of $137.98 per hour, which is no less than the minimum nor more than the maximum hourly rate paid to a person serving in the City Manager position.
He will not be entitled to any additional compensation, overtime, benefits, paid leave or paid holidays.
DISCUSSION/ANALYSIS
Government Code Section 21221(h) permits the City Council to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours, inclusive of hours worked for other CalPERS employers during same period, in a fiscal year.
Mr. Pattison has significant experience in city management, including as the former City Manager for the City. Thus, Mr. Pattison has the specialized skills necessary to perform the duties of City Manager on an interim basis while the City conducts recruitment for a regular appointment to the City Manager position. Staff has worked with the City Attorney to ensure that applicable requirements for an appointment pursuant to Section 21221(h) have been met.
Included in the Council’s agenda packet is the resolution to appoint Mr. Pattison as interim City Manager pursuant to Government Code Section 21221(h) and a proposed employment agreement.
ALTERNATIVES
Council could choose to reject Staff’s recommendation. This would leave the City without a City Manager.
CONCLUSIONS AND RECOMMENDATIONS
Based on the facts noted in this staff report and the documentation attached hereto, City staff recommends adoption of Resolution No. 2025-07 to appoint William Pattison as interim City Manager.
ATTACHMENT:
Resolution No. 2025-07 Appointing William Pattison As Interim City Manager Pursuant to Government Code Section 21221(h).
Item 29.
Resolution No. 2025-06
RESOLUTION NO. 2025-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA APPOINTING WILLIAM PATTISON AS INTERIM
CITY MANAGER PURSUANT TO GOVERNMENT CODE
SECTION 21221(h)
WHEREAS, Government Code section 21221(h) addresses the temporary employment of retirees in accordance with the Public Employees’ Retirement Law, as administered by the California Public Employees’ Retirement System (CalPERS), and permits the City Council to appoint a retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the position of City Manager became vacant effective February 2, 2025 after required conditions were met on February 12, 2025; and
WHEREAS, during the recruitment, selection and final employment of a permanent City Manager, the City Council desires to appoint William Pattison as an interim appointment retired annuitant to the vacant position of City Manager under Government Code section 21221(h), effective February 2, 2025, to provide the leadership, managerial and organizational skills necessary to manage the City of Coachella effectively and efficiently; and WHEREAS, William Pattison has extensive experience in managing, directing and overseeing operation of the City Manager’s Office given his former employment as City Manager for the City of Coachella prior to his retirement; and
WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the City’s intent to begin the active recruitment process was established prior to February 2, 2025 when the process to begin selecting a permanent replacement to the City Manager position was initiated and thereafter memorialized by the City Council by posting an opening for the City Manager position on the City’s website at https://www.governmentjobs.com/careers/coachella; and
WHEREAS, the current status of this recruitment is active as the City is seeking candidates to apply to the vacant position; and
WHEREAS, it is understood by the City and William Pattison that he will serve as City Manager on an interim basis, immediately following the termination of his appointment as acting City Manager pursuant to Government Code section 21221(g); and WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the permanent
Item 29.
Resolution No. 2025-06
appointment to the vacant position of City Manager commences his or her employment or, if earlier, the date that this appointment is terminated by the City or William Pattison; and WHEREAS, it is understood by the City and William Pattison that the combined total hours to be served by William Pattison in any fiscal year, for all positions and for all CalPERS employers combined, including his role as acting City Manager, shall not exceed the 960-hour limitation set forth in California Government Code Sections Section 7522.56(d) and 21221(h); and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the hourly rate for the City Manager position is $137.98; and; and WHEREAS, the hourly rate paid to William Pattison for his services as City Manager on an interim basis is $137.98, which is not less than the minimum or in excess of the maximum hourly rate paid to other employees performing comparable duties, subject to any subsequent adjustment to the payrate as adopted by the City Council and reflected on a publicly available pay schedule; and
WHEREAS, William Pattison has not and will not receive any other benefit, incentive, compensation in lieu of benefit or any other form of compensation in addition to the hourly pay rate; and
WHEREAS, the entire employment agreement between William Pattison and the City of Coachella has been reviewed by this body and is attached hereto as Exhibit A; and WHEREAS, pursuant to Government Code section 7522.56(e)(1), William Pattison must certify in writing to the City, upon accepting an offer of employment, that he has not received any unemployment insurance compensation arising out of prior employment with a public employer that is subject to section 7522.56 during the 12-month period preceding the effective date of this appointment.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Coachella, California as follows:
Section 1. The Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
Section 2. William Pattison has the specialized skills needed to perform the work required of fulfill the responsibilities of the vacant position of City Manager on an interim basis until a permanent City Manager is appointed and thereafter begins his or her service, unless sooner terminated by the City or William Pattison.
Item 29.
Resolution No. 2025-06
Section 3. The Council hereby appoints William Pattison as City Manager on an interim basis effective February 2, 2025 pursuant to the authority provided under Government Code section 21221(h), during the recruitment, selection and employment of a permanent City Manager to provide the critically-needed, specialized skills necessary to manage the City.
Section 4. The employment agreement with William Pattison, a copy of which is incorporated herein as Exhibit A, is approved by the City Council, effective February 2, 2025.
Section 5. The Mayor is authorized to execute said agreement on behalf of the City, with such technical amendments as may be deemed appropriate by the Mayor and City Attorney.
PASSED, APPROVED and ADOPTED this 12th day of February 2025. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
___________________________________
City Attorney
Item 29.
Resolution No. 2025-06
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-07 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12th day of February 2025, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
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CITY OF COACHELLA
INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into as of February 2, 2025, by and between the City of Coachella (“City”), a California municipal corporation, and William Pattison (“Retiree”), an individual, on the terms and conditions contained herein. City and Retiree are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties.”
RECITALS
A. City desires to employ the services of Retiree as its City Manager on an interim basis to carry out the duties and responsibilities of the City Manager position as provided for by the Coachella City Charter and Municipal Code, and applicable state law, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.
B. Retiree desires to accept employment as City Manager on an interim basis in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.
C. Retiree’s employment is authorized by Government Code sections 7522.56 and 21221(h), which permit the City Council to appoint a California Public Employees’ Retirement System (“CalPERS”) retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provide that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits, so long as it is a single appointment that does not exceed 960 hours in a fiscal year, inclusive of all hours worked for other all CalPERS employers, unless an exception applies.
D. The City Council appointed Retiree as City Manager on an interim basis at its February 12, 2025 meeting, as required pursuant to Government Code Section 21221(h). Since the City Manager position was not known to be vacant until February 12, 2025, at which time it became vacant effective on February 2, 2025, the appointment was done retroactive to February 2, 2025 pursuant to consultation with CalPERS.
E. Retiree represents that he is a retired annuitant of CalPERS within the meaning of Government Code Sections 7522.56 and 21221(h) (“Statutes”) and acknowledges that his compensation is statutorily limited as provided in Government Code Section 21221(h). With the execution of this Agreement, Retiree affirms that he has not received unemployment compensation from any CalPERS Agencies during the 12-month period preceding the effective date of this Agreement.
F. The City has determined that it is necessary to hire Retiree, a CalPERS retiree, because the position of City Manager requires specialized skills, and Retiree, by virtue of his significant experience as city manager, including as former City Manager for the City, has those specialized skills.
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OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the Parties agree as follows:
1. Position and Duties.
1.1 Position. Retiree accepts employment with City as its City Manager on an interim basis and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. Retiree shall provide service at the direction and under the supervision of the City Council. It is the intent of the Parties that Retiree, as the interim City Manager, shall keep the City Council fully apprised of all significant ongoing operations of City. Toward that end, Retiree shall report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of the City.
1.2 Term. This Agreement shall become effective on February 2, 2025, unless a later date is agreed on by the Parties. This Agreement shall expire upon whichever of the following events occurs first: (i) upon the employment commencement date of a regular City Manager; or (ii) upon termination of this Agreement by either Retiree or City as provided in Section 4 [Termination] of this Agreement.
1.3 At-Will. Retiree acknowledges that he is an at-will, temporary employee of City who shall serve at the pleasure of the City Council at all times during the period of his service hereunder. Nothing in this Agreement is intended to, or does, confer upon Retiree any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment, except as is expressly provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. Further, nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of City to terminate the services of Retiree, as provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement.
1.4 Duties. Retiree shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California, and as may be further set forth in the City’s Charter and Municipal Code, as well as those duties set forth in the City’s classification specification for City Manager, if applicable.
1.5 Hours of Work. Retiree shall devote the time necessary to adequately perform his duties as interim City Manager. It is recognized that Retiree will devote a great deal of time outside the normal office hours-schedule, and to that end, he shall be allowed to establish an appropriate work schedule taking into account the normal City work schedule. However in no event shall Retiree be required to work in excess of 960 hours per fiscal year in any City position, including hours worked for other CalPERS agencies during such fiscal years, unless an exception applies.
The position of interim City Manager shall be deemed a non-exempt position under federal and California wage and hour law.
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1.6 Devotion to City Business. The interim City Manager position is full-time. Retiree shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his duties, except as may be specifically authorized in writing by the City Council.
2. Compensation.
2.1 Rate of Pay. For all services performed by Retiree as the City Manager on an interim under this Agreement, City shall pay Retiree compensation at the rate of One Hundred ThirtySeven Dollars and Ninety-Eight cents ($137.98) per hour, according to the payroll schedule in place for City employees paid bi-weekly subject to the limitations provided below.
2.1.1 Compliance with CalPERS requirements. It is the intent of the Parties to compensate Retiree only to the extent permitted under Government Code section 21221(h) and corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by Ca1PERS and is not less than the minimum, nor in excess of the maximum, paid by the City to other employees performing comparable duties (divided by 173.333 to equal an hourly rate) as listed on the City’s publicly-available pay schedule. Such compensation shall be Retiree’s sole compensation for his services under this Agreement, unless otherwise required by federal or state law.
2.1.2 Recordation and Reporting of Hours Worked. Retiree will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for City to Ca1PERS as may be required. City shall assist in any such reporting obligations to Ca1PERS. Additionally, Retiree shall keep City continually apprised of any hours worked by Retiree for other CalPERS agencies during the term of this Agreement.
2.2 Benefits.
2.2.1 No Benefits. Pursuant to Government Code section 21221(h) and related CalPERS regulations and policy statements, Retiree shall not receive from City any benefits City commonly provides to its employees unless required by federal or state law, including without limitation, health, dental, or vision insurance coverage, life insurance, deferred compensation, disability insurance, unemployment insurance, mobile device stipend, vehicle allowance, gym programs, employee assistance programs, and similar benefits.
2.3 Reimbursement. City shall reimburse Retiree for authorized, reasonable and necessary travel expenses incurred by Retiree in the performance of his duties pursuant to this Agreement. Retiree shall document and claim said reimbursement for such travel in the manner and forms required by the City. All reimbursements shall be for actual expenses and shall be subject to and in accordance with California and federal law and City’s adopted reimbursement policies. Such reimbursements shall not be reported to CalPERS. Other than as specifically provided herein, Retiree shall receive no other compensation or reimbursements for expenses incurred in the performance of his duties pursuant to this Agreement.
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3. Vacation and Leave.
3.1 No Leave. Retiree and City agree that Retiree, in accordance with Government Code section 21221(h) and related Ca1PERS regulations and policy statements, shall not be provided or accrue any personal time off, vacation, sick leave, management time off, paid holidays or similar leave benefits, unless required by federal or state law.
4. Termination.
4.1 By City. This Agreement may be terminated by City at any time and for any reason after providing written notice to Retiree of such termination. City’s only obligation in the event of such termination will be payment to Retiree of all compensation then due and owing as set forth in Section 2.1 [Rate of Pay] up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to CalPERS statutory or regulatory requirements, or if doing so will preclude a violation of Government Code sections 7522.56 or 21221(h).
4.2 By Retiree. This Agreement may be terminated by Retiree for any reason thirty (30) days after providing written notice to City of such termination. City shall have the option, in its complete discretion, to make Retiree’s termination effective at any time prior to the end of such period, provided City pays Retiree all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing to him through the last day actually worked.
4.3 No Notice for Expiration. Nothing in this Section 4 [Termination] shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 1.2 [Term].
4.4 Termination Obligations. Retiree agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to City and shall be returned promptly to City upon termination of Retiree’s employment. Retiree’s obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
5. Confidential Information.
“Confidential Information” shall include, but not be limited to, all information or material that Retiree learns of or obtains during his employment with City as interim City Manager that is or was confidential or privileged by virtue of it having been discussed or presented in a dulynoticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City. Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted,
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orally, in writing, or by any other media, to Retiree by City. Nothing herein shall require City to disclose any of its information to Retiree.
During his employment with City as interim City Manager, Retiree shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement. Following the termination of this Agreement, Retiree shall not use or disclose any Confidential Information, except with the express written consent of City. Retiree’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
6. Conflict Of Interest.
To the extent that Retiree has an interest, direct or indirect, financial or otherwise, which would materially conflict, as shall be determined by the City Attorney, in any manner or interfere in any way with the performance of services under this Agreement, Retiree shall notify the Mayor of the conflict in advance of, and shall refrain from participating in, any action to be taken by the City on such matter.
7. General Provisions.
7.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this Agreement as if set forth in the Operative Provisions.
7.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to City at the address below, and or at the last known address maintained in Retiree’s personnel file. Retiree agrees to notify City in writing of any change in his address during his employment with City. Notice of change of address shall be effective only when accomplished in accordance with this Section.
CITY: City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attn: Mayor and City Council
RETIREE: William Pattison
[ADDRESS ON FILE]
7.3 Indemnification. Subject to, in accordance with, and to the extent provided by the California Government Claims Act [Government Code Section 810 et seq.], City will indemnify, defend, and hold Retiree harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during Retiree’s tenure as interim City Manager, except that this provision shall not apply with respect to any intentional tort or crime committed by Retiree,
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or any actions outside the course and scope of his employment as interim City Manager. City shall obtain and keep in full force and effect liability insurance, or risk pool coverage, including errors and omissions coverage on a “per occurrence” basis, in sufficient amounts to ensure fulfillment of this hold harmless and indemnification clause.
7.4 Bonding. City shall bear the full cost of any fidelity or other bonds required of the Retiree in his role as interim City Manager under any law or ordinance.
7.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of Retiree’s employment by City. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of Retiree, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of City, now or in the future, apply to Retiree and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
7.6 Amendments. This Agreement may not be amended except in a written document signed by Retiree, approved by the City Council and signed by the City’s Mayor.
7.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
7.8 Assignment. Retiree shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to Retiree, assign its rights and obligations hereunder.
7.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
7.10 Attorneys’ Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
7.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Riverside County, State of California.
7.12 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
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7.13 Acknowledgment. Retiree acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and Retiree has signed and executed this Agreement, as of the date first indicated above.
RETIREE CITY OF COACHELLA
____________________________ _________________________
William Pattison Stephen A. Hernandez, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ __________________________ Angela M. Zepeda, City Clerk Best Best & Krieger LLP
City Attorney
Item 29.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Resolution No. 2025-04 “Coachella Healthy Food Truck Operator Permit Fee”. City-Initiated
STAFF RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2025-04 establishing an application fee for healthy food truck operator permits.
BACKGROUND:
On January 22, 2025 the City Council adopted Ordinance No. 1218 and 1219 establishing a Coachella Healthy Food Truck Pilot Program that would allow mobile food trucks as a 4-year pilot program with annual permit renewals, subject to menu and operational requirements in City parks, in the Downtown (DT-PV) and Downtown Transition (TR-PV) Zone, and on active date farms.
The program would require the mobile food trucks meet nutritional standards set forth in the Blue Zones Food guidelines and Blue Zones Restaurant Pledge with an emphasis on nutritional guidelines The Coachella Healthy Food Truck program requirements are outlined below:
City Parks
2 food trucks maximum stationed around Dateland Park, Bagdouma Park, and Rancho Las Flores Park
1 food truck maximum at De Oro Park, Sierra Vista Park 1 food truck at City of Coachella Civic Center and Corporate Yard Operating Hours – 5 p.m. to 10 p.m. weekdays and 8 a.m. to 10 p.m. weekends. Administrative approval
Downtown (DT-PV) and Downtown Transition (TR-PV) Zoned parcels located around Coachella Veterans’ Memorial Park. These parcels are largely occupied with existing singlefamily homes and allow the property owner the flexibility to operate a retail and food service businesses. There are 19 eligible parcels.
1 food truck per lot or more than 1 food truck on lots or sites larger than 11,500 sq. ft. Operate entirely on the property in the front yard and on-site consumption with tables and chairs would be permitted
Operating Hours – 5 p.m. to 12 a.m.
Item 30.
Administrative approval
Date Farms
3 food trucks maximum per lot with a minimum 1-acre size that must be an active date farm with a minimum of 30 date palm trees
Requires a minimum of 1 signature food offering with date ingredients or offer of the direct sale of date fruits
On-site parking required
Requires activity areas such as cornhole and horseshoes Allows accessory retail pop-up businesses
Operating Hours – 7 a.m. to 10 p.m.
Planning Commission approval is required as a non-hearing item DISCUSSION/ANALYSIS:
Coachella Healthy Food Truck Operator Permit Fee
A resolution to establish a healthy food truck operator fee has been prepared. Staff assessed the expenses associated with processing a healthy food truck operator fee and the fully burdened costs are calculated to be $395.65 for the healthy food truck permit and $201.90 for annual permit renewals. Staff recommends that the fee be reduced to $200 for a healthy food truck permit and $100 for permit annual renewals to reduce the cost burden for this pilot program. All business operating in the City of Coachella are also required to obtain a $164 City of Coachella Business Registration Certificate.
ALTERNATIVES:
1) Adopt Resolution No. 2025-04 establishing a Coachella Healthy Food Truck Operator permit fee.
2) Denial of the permit fee.
3) Continue this item and provide staff with direction.
RECOMMENDED ALTERNATIVE(S):
Staff recommends Alternative #1 as noted above.
Attachments:
1. Resolution No. 2025-04 Coachella Healthy Food Truck Operator Permit Fee Exhibit A – Healthy Food Truck Operator Permit Fee Analysis
Item 30.
RESOLUTION NO. 2025-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA ESTABLISHING AN APPLICATION FEE FOR HEALTHY
FOOD TRUCK OPERATIONS WITHIN THE CITY.
WHEREAS, the City of Coachella, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and.
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including regulating sidewalk vendors; and WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB946; and WHEREAS, on January 17, 2024, the Planning Commission considered the Sidewalk Vendor Ordinance, Ordinance 1209, at a public hearing and recommended that the City Council adopt the ordinance and application fee structure to support the administration of the Sidewalk Vendor Ordinance for proposed sidewalk vendor operators for new applications and application renewals; and
WHEREAS, on February 14, 2024 and February 28, 2024, the City Council considered the Sidewalk Vendor Ordinance, Ordinance No. 1209, at a public hearing and adopted Ordinance No. 1209 at first reading.
WHEREAS, on January 22, 2025, the City Council adopted the Healthy Food Truck Permit Pilot Program, Ordinances No. 1218 and 1219, to promote accessibility to healthy food options and provide pathways toward brick-and-mortar businesses.
WHEREAS, it is the desire of the City Council of the City of Coachella to establish by resolution, an equitable application fee to allow for the administration of healthy food truck operators in the City of Coachella subject to the requirements of Ordinance No. 1218 and 1219; and
WHEREAS, the City has caused to be conducted a cost of service analysis of the proposed fees illustrating the estimated reasonable costs to the City in providing the review and processing of applications for sidewalk vendor operations and said study is on file with the City Clerk; and WHEREAS, the City Council of the City of Coachella finds and determines that the fees set forth herein shall cover, but not exceed, the estimated reasonable cost of providing the regulatory activity which the fee is charged; and
WHEREAS, the City has noticed this public hearing in compliance with Government Code Section 66018 has made publicly available all data related to the calculation of the fees, and all other legal prerequisites to the adoption of this Resolution have occurred.
Item 30.
Resolution No. 2025-04
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein as findings of fact.
SECTION 2. CEQA. The City Council finds that this is not a project as defined by the California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(4) as the action relates to the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
SECTION 3. The application fees for healthy food truck operators be $200 for an initial application and $100 for renewals. The fees shall be increased annually each July 1 for inflation by the percentage change as calculated from the year over year change each March from the Consumer Price Index for all Urban Consumers, Riverside-San Bernardino-Ontario, CA published by the U.S. Bureau of Labor Statistics, or a successor index. The fee will be effective upon effective date of Ordinance No. 1218 and 1219.
SECTION 4. If any provision of this Resolution or the application of any provision to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provision of this Resolution are severable. The City Council declares that the City Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at Coachella City Hall. City Clerk is the custodian of the record of proceedings.
SECTION 6. Execution of Resolution. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
Item 30.
Resolution No. 2025-04
PASSED APPROVED and ADOPTED this 12th day of February 2025 ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
City Attorney
Item 30.
4 STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-04 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 12th day of February 2025 by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 30.
EXHIBIT A – RESOLUTION NO. 2025-04
Coachella Healthy Food Truck Operator Permit Fee Analysis The fee analysis below pertains the initial application administration and annual application renewals. This fee calculation is based on the review of the application by staff of various departments calculated by time spent at the fully burdened hourly rate that includes the Economic Development Department, Finance Department, Planning Division, Code Enforcement Division, Engineering Department, Building Division as identified in Table 2 below. A fee that is approximately half of the full cost recovery would be charged to applicants who are residents from the Coachella Valley.
This fee would recover City staff expenses associated with processing and review of applications. It does not cover the full cost of the administration of the Coachella Healthy Food Truck Pilot Program such as on-going compliance monitoring by the Code Enforcement Division.
Table 1 – Coachella Healthy Food Truck Operator Proposed Fee Structure PERMIT FEE*
(RECOMMENDED)
RENEWAL*
(RECOMMENDED)
Permit Cost $200 $100
*Permit and Renewal Fees to increase annually based on the Consumer Price Index as verified by the Finance Director.
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EXHIBIT A – RESOLUTION NO. 2025-04
Table 2. Food Truck Application Fee Justification
Dept/Division Hours of
Review 1st time
permit
Hours of
review for
Renewal
Staff Position Scope of Review Full Burdened
Rates/ Hourly
Total Hours
First
Application
Renewal
Economic
Development
administration
1 1 Economic
Development
Technician
Review application, confer
with Planning on zoning and
assist with
questions/process
$ 79.87 $79.87 $79.87
Planning Review 2 hrs for 1st time
application –
review plot plan,
eligibility and
routing to
County for
healthy menu
certification
.5 hrs – Planning
will not review
renewal if same
site plan and
location.
Planning
Technician
Receive application, Review
site plan and consistency
with eligible areas.
$71.74 $143.48 $35.87
Code Enforcement
Review/Inspection
1 hr. for 1st time
app.
0.5 hr. Code
officer/Manager
App review/enforcement $112.91 $112.91 $56.46
Building Review
and/or Inspection
.5 for application
review and
compliance (BO)
.25 Bldg. Dept.
will inspect on
renewals for
compliance (BI)
Building Official
(BO)/ Building
Inspector (BI)
Review application. Inspect
proposed location for
compliance with ordinance.
$59.39 $59.39 $29.70
Finance Review
None None
Customer
Service
Review fee calculation and
receipt payment
N/A N/A N/A
Engineering Review None None None None N/A N/A N/A
Total Fees $395.65 $201.90
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