Agenda — Calipatria City Council, July 22, 2024

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CITY
1919
AGENDA
Special Meeting of the Calipatria City Council
City Council Chambers
125 North Park Avenue
Calipatria California 92233
Monday, July 22, 2024
Closed Session at 11:30 am
Open Session at 12:00 pm
Laura Gutierrez, City Manager Jesse Llanas, Fire Chief
Gilbert G. Otero, City Attorney Cheryl Fowler, Police Chie Catherine Hoff, City Clerk d Self. Public Work Directo
Fred Beltran, Council Member
Maria Nava-Froelich, Council Member

NOTICE TO THE PUBLIC
This is a public meeting. Any member of the public is invited to attend. The Calipatria City Council welcomes public input during the public comment period of the sessions. 11:30 A.M. CLOSED SESSION
CALL TO ORDER:

ROLL CALL:

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS: Any member of the public wishing to address the City Council on any items appearing on the closed session agenda may do so at this time. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda. (Government Code Section 549542) There is a time limit of three (3) minutes for anyone wishing to address the City Council on these matters.

CITY COUNCIL ADJOURNS TO CLOSE SESSION
CONFERENCE WITH LEGAL COUNSEL:

1. POTENTIAL LITIGATION

CITY COUNCIL CONVENES TO OPEN SESSION
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12:00 P.M. OPEN SESSION
CALL TO ORDER:

ROLL CALL:

PLEDGE OF ALLEGIANCE & INVOCATION:

CITY ATTORNEY: REPORT ON CLOSED SESSION ACTION
1)
ADJUSTMENTS TO THE AGENDA: The City Council will discuss the order of the genda, may amend the order, add urgent items and or remove items from the consen alendar prior to that portion of the agenda. For the purpose of the official city record, th City Council may take care of these issues by entertaining a formal motion.

MOTION: SECOND: ROLL CALL VOTE:

PUBLIC COMMENTS: The City Council welcomes your input. Please remember to shut off all cell phones. Now is the time for any member of the public to speak to the Council. If there is an item on the agenda on which you wish to be heard, we ask that you please step to the podium and state your name and address for the record.

For matters not appearing on the agenda: If you wish to address the City Council concerning a matter and or any item not on the agenda but is within the City Council's jurisdiction you may do so now. We ask that you please step to the podium and state your name and address for the record.

The mayor reserves the right to place a time limit of three (3) minutes on each person's presentation. It is requested that longer presentations be submitted to the City Clerk in writing 48 hours before the meeting.

CONSENT AGENDA: The items appearing under the Consent Agenda will be acted upon by the City Council in one motion without discussion. Should any Council member or other person wish to discuss any item, they may request that the item be removed from the Consent Agenda and placed on the REGULAR BUSINESS Agenda.

1. Approval for 1s payment to ROVE Engineering Inc for Hernandez Park MOTION: SECOND: ROLL CALL VOTE
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REGULAR BUSINESS:
1) Adopt Resolution No. 24-33 Calling for a Municipal Election on November 5,2024 for the submission of a Ballot Measure relating to the city clerk. Council Member Luellen
WHEREAS, California Government Code §36508 provides that the City Council may submit to the electors the question whether the elective position of City Clerk shall be appointed by the City Council; and
WHEREAS, the City Council desires to submit to the voters the question of whether the elective position of City Clerk shall be appointed by the City Council.

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

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

SECTION 1. Pursuant to the laws of the State of California, a General Municipal Election is hereby called and ordered to be held in the City of Calipatria on November 5, 2024.

SECTION 2. That the City Council to its right and authority, does order submitted to the voters at the General Municipal Election the following question and printed in substantially the following form: "Shall the Office of the City Clerk be appointed?" Yes- No
SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A.

SECTION 4. That the vote requirement for the measure to pass is a simple majority of the votes cast.

SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Imperial Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 7. That the polls for the election shall open at seven o-clock in the morning of the day of the election and shall remain open continuously from that time until eight o'clock in the evening of the same day when the polls shall be closed pursuant to Election Code § 10242, except as provided in §14401 of the Elections Code of the State of California.

SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and properly record the results thereafter,
SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

MOTION: SECOND: VOTE:
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2) First reading of Ordinance 24-001 establishing city clerk position from elected to appointed- Councilmember Luellen

AN INITIATIVE ORDINANCE OF THE CITY OF CALIPATRIA

TRANSITIONING THE OFFICE OF CITY CLERK FROM ELECTED TO
APPOINTED. THE PEOPLE OF THE CITY OF CALIPATRIA DO ORDAINS AS FOLLOWS:

SECTION 1. The Office of City Clerk shall be changed from elected to appointed pursuant to California Government Code §36508.

SECTION 2. This ordinance shall take effect as provided in Elections Code §9217 of the State of
California.

SECTION 3. The City Clerk shall publish this ordinance in accordance with law.

MOTION: SECOND: VOTE:
3) Adopt Resolution No. 24-34 Calling for a Municipal Election on November 5,2024 for the submission of a Ballot Measure relating to the city treasurer.

Council Member Luellen

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, CALLING A MUNICIPAL ELECTION ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE RELATING TO THE CITY TREASURER.

WHEREAS, California Government Code §36508 provides that the City Council may submit to the electors the question whether the elective position of City Treasurer shall be appointed by the City Council; and
WHEREAS, the City Council desires to submit to the voters the question of whether the elective position of City Treasurer shall be appointed by the City Council.

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

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

SECTION 1. Pursuant to the laws of the State of California, a General Municipal Election is hereby called and ordered to be held in the City of Calipatria on November 5, 2024.

SECTION 2. That the City Council to its right and authority, does order submitted to the voters at the General Municipal Election the following question and printed in substantially the following form:
"Shall the Office of the City Treasurer be appointed?" Yes No SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A.

SECTION 4. That the vote requirement for the measure to pass is a simple majority of the votes cast.

SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.
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SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Imperial Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

MOTION: SECOND: VOTE:
4) First reading of Ordinance 24-002 establishing city treasurer position from elected to appointed- Councilmember Luellen

AN INITIATIVE ORDINANCE OF THE CITY OF CALIPATRIA

TRANSITIONING THE OFFICE OF CITY TREASURER FROM ELECTED TO APPOINTED. THE PEOPLE OF THE CITY OF CALIPATRIA DO ORDAINS AS FOLLOWS:

SECTION 1. The office of City Treasurer shall be changed from elected to appointed pursuant to California Government Code §36508.

SECTION 2. This ordinance shall take effect as provided in Elections Code §9217 of the State of California.

SECTION 3. The City Clerk shall publish this ordinance in accordance with law MOTION: SECOND: VOTE:

DISCUSSION/DIRECTION
1) Purchase of budgeted excavator- Public Works Director Edgar Self 2) Approval of Lease Agreement for Tyson Medical Foundation- property address 101 N. Lake Ave.
3) Approval of lease agreement for Estrada Towing- 501 S. Sorenson Avenue 072224SPCAGN
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STAFF and COUNCIL REPORTS:

ADJOURNMENT:

The next regular scheduled meeting of the City of Calipatria City Council is Tuesday, August 13, 2024, at 6:00 pm
MOTION: SECOND: VOTE:
1, CATHERINE J. HOFF, City Clerk of the City of Calipatria, California, DO HEREBY CERTIFY that the agenda was duly posted at Calipatria City Hall, 125 Park Avenue, Calipatria, California and on the City of Calipatria's website not less than 24 hours prior to the meeting per Government Code 54954-2.

Dated:
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aLEy
1919

CALIPATRIA CITY COUNCIL AGENDA ITEM
Date Submitted: July 8, 2024
Submitted By: Michael J. Luellen II, Mayor Pro-Tem
Council Meeting Date: July 22, 2024
Action / Direction
Subject: Approval of Resolution 24-33 Calling for a Municipal Election on November 5, 2024 for the Submission of a Ballot Measure Relating to the City Clerk.

Background:

California Government Code §36508 provides for the process to change the positions of City Treasurer and City Clerk from elected positions to positions appointed by the City Council. The process for such a transition begins first with submitting the question of whether either or both of the positions of City Treasurer or the City Clerk shall be appointed by the City Council to the electors of the city on the ballot at any municipal election, or a special election held for that purpose.

The City Clerk, facilitating the conduct of the City Council while preserving the records of our municipality, similarly to the City Treasurer receives general administrative direction from the City Manager and City Council.

One consideration for the City Council is whether to place on the ballot for the citizens of Calipatria whether this position should become an appointed position. If the City Council were inclined to place this matter on the ballot, it could do so at a regularly scheduled municipal election or call for a special election. There is currently an election scheduled in Imperial County on November 5, 2024, with ballot measures required to be submitted to the Registrar of Voters on August 9, 2024.

Alternatively, the City could wait and call for a special election in the Spring of 2025 but would result in increased fiscal impact as there is no election scheduled for 2025.

RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, CALLING A MUNICIPAL ELECTION ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE RELATING TO THE CITY CLERK.

WHEREAS, California Government Code §36508 provides that the City Council may submit to the electors the question whether the elective position of City Clerk shall be appointed by the City Council; and
WHEREAS, the City Council desires to submit to the voters the question of whether the elective position of City Clerk shall be appointed by the City Council.

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

SECTION 1. Pursuant to the laws of the State of California, a General Municipal Election is hereby called and ordered to be held in the City of Calipatria on November 5, 2024.

SECTION 2. That the City Council to its right and authority, does order submitted to the voters at the General Municipal Election the following question and printed in substantially the following form:
"Shall the Office of the City Clerk be appointed?" Yes
No
SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A.

SECTION 4. That the vote requirement for the measure to pass is a simple majority of the votes cast.

SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

APPROVED, PASSED AND ADOPTED at the regular meeting of the City Council of the City of Calipatria held on the 23 day of July, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sylvia Chavez, Mayor
City of Calipatria
ATTEST:

Catherine Hoff, City Clerk
City of Calipatria
Exhibit "A"
ORDINANCE NO. 24-

AN INITIATIVE ORDINANCE OF THE CITY OF CALIPATRIA TRANSITIONING THE OFFICE OF CITY CLERK FROM ELECTED TO APPOINTED.

THE PEOPLE OF THE CITY OF CALIPATRIA DO ORDAINS AS FOLLOWS:

SECTION 1. The Office of City Clerk shall be changed from elected to appointed pursuant to California Government Code §36508.

SECTION 2. This ordinance shall take effect as provided in Elections Code §9217 of the State of California.

SECTION 3. The City Clerk shall publish this ordinance in accordance with law.

APPROVED, PASSED AND ADOPTED this _day of _2024.
_ Mayor
City of Calipatria
ATTEST:
_ City Clerk
City of Calipatria
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA,

CALIFORNIA, ORDERING AN ELECTION, REQUESTING COUNTY REGISTRAR TO CONDUCT AND CONSOLIDATE THE ELECTION RELATING TO THE CITY CLERK.

WHEREAS, pursuant to Elections Code Section §10002, the governing body of any city or district nay request the Board of Supervisors of the county to permit the county elections official to rende pecified services to the city or district relating to the conduct of an election: an WHEREAS, the resolution of the City Council of the City of Calipatria shall specify the services requested; and
WHEREAS, pursuant to Elections Code Section §10002, the city shall reimburse the county in full for the services performed upon presentation of a bill to the city; and WHEREAS, pursuant to Elections Code §10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, may be consolidated upon the order of the governing body/bodies or officer/officers calling the elections; and
WHEREAS, pursuant to Elections Code §10400, such election for cities and special districts may be either completely or partially consolidated; and
WHEREAS, pursuant to Elections Code section §10403, whenever an election is called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 8 days prior to the date of the election, file with the Board of Supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot, acknowledging that the consolidation election will be held and conducted in the manner prescribed in Section §10418. Upon such request, the Board of Supervisors may order the consolidation; and WHEREAS, pursuant to Elections Code Section §10418, if consolidated, the consolidated election shall be held and conducted, election boards appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed, voter challenges determined, ballots counted and returned, returns canvassed, results declared, certificates of election issued, recounts conducted, election contests presented, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide or special election, or the election held pursuant to Section §1302 or §1303, as applicable.

WHEREAS, the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and WHEREAS, various district, county, state and other political subdivision elections may be or have been called to be held on November 5, 2024.

NOW THEREFORE BE IT RESOLVED AND ORDERED that the governing body of the City of Calipatria hereby orders this election be called and consolidated with any and all elections also called and consolidated with any and all elections also called to be held on November 3, 2024 insofar as said elections are to be held in the same territory that is in part the same as the territory of the City of Calipatria requests the Board of Supervisors of the County of Imperial to order such consolidation under Elections Code Section §10401, §10403 and §10418.

BE IT FURTHER RESOLVED AND ORDERED that the City Council of the City hereby requests the Board of Supervisors to permit the Imperial County Elections Department to provide any and all services necessary for conducting the election and agrees to pay for said services, and
BE IT FURTHER RESOLVED AND ORDERED that the Imperial County Elections Department conducts the election bringing into question the transition from an elected City Clerk to appointed.

AYES:

NOES:

ABSTAIN:

ABSENT:

Sylvia Chavez, Mayor
City of Calipatria
ATTEST:

Catherine Hoff, City Clerk
City of Calipatria
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA,

CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENTS)

REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

WHEREAS, a Municipal Election is to be held in the City of Calipatria, California on November 5, 2024 at which there will be submitted to the voters the following measure:
"Shall the Office of the City Clerk be appointed?" Yes
No

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

SECTION 1. that the City Council authorizes the following members of its body:

Member(s) Sylvia Chavez, Michael Luellen, Javier Amezcua, Fred Beltran, and Maria Nava-Froelich to file (a) written arguments) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the authors) submitted it in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Authors) of Argument.

SECTION 2. that the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney unless the organization or salaries of the office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis.
b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city.
c. In the event the entire text of the measure is not printed on the ballot, not in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of the Ordinance of Measure. If you desire a copy of the ordinance or measure, please call the City Hall at (760) 348-4141 and a copy will be mailed or emailed at no cost to you."
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.

SECTION 3. that the City Clerk shall certify to the passage and adoption of this Resolution and properly record the results thereafter.

APPROVED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Calipatria held on the _ day of _ 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sylvia Chavez, Mayor
City of Calipatria
ATTEST:

Catherine Hoff, City Clerk
City of Calipatria
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1919

CALIPATRIA CITY COUNCIL AGENDA ITEM
Date Submitted: July 8, 2024
Submitted By: Michael J. Luellen II, Mayor Pro-Tem
Council Meeting Date: July 22, 2024
Action / Direction
Subject: Approval of Resolution 2434 Calling for a Municipal Election on November 5, 2024 for the Submission of a Ballot Measure Relating to the City Treasurer.

Background:

The City Treasurer, serving primarily in an advisory capacity to the City Council oversees the appropriate investment of city funds, receipt and depositing of revenues, and the management of the city's overall cast position, similarly to the City Clerk receives general administrative direction from the City Manager and City Council.

Alternatively, the City could wait and call for a special election in the Spring of 2025 but would result in increased fiscal impact as there is no election scheduled for 2025.

RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA, CALIFORNIA, CALLING A MUNICIPAL ELECTION ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE RELATING TO THE CITY TREASURER.

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

SECTION 1. Pursuant to the laws of the State of California, a General Municipal Election is hereby called and ordered to be held in the City of Calipatria on November 5, 2024.

SECTION 2. That the City Council to its right and authority, does order submitted to the voters at the General Municipal Election the following question and printed in substantially the following form:
"Shall the Office of the City Treasurer be appointed?" Yes No
SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A.

SECTION 4. That the vote requirement for the measure to pass is a simple majority of the votes cast.

SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

APPROVED, PASSED AND ADOPTED at the regular meeting of the City Council of the City of Calipatria held on the 23 day of July, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sylvia Chavez, Mayor
City of Calipatria
ATTEST:

Catherine Hoff, City Clerk
City of Calipatria
Exhibit "A"
ORDINANCE NO. 24-

AN INITIATIVE ORDINANCE OF THE CITY OF CALIPATRIA TRANSITIONING THE OFFICE OF CITY TREASURER FROM ELECTED TO APPOINTED.

THE PEOPLE OF THE CITY OF CALIPATRIA DO ORDAINS AS FOLLOWS:

SECTION 1. The office of City Treasurer shall be changed from elected to appointed pursuant to California Government Code §36508.

SECTION 2. This ordinance shall take effect as provided in Elections Code §9217 of the State of California.

SECTION 3. The City Clerk shall publish this ordinance in accordance with law.

APPROVED, PASSED AND ADOPTED this _ day of _2024.
_ Mayor
City of Calipatria
ATTEST:
_ City Clerk
City of Calipatria
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA,

CALIFORNIA, ORDERING AN ELECTION, REQUESTING COUNTY REGISTRAR TO

CONDUCT AND CONSOLIDATE THE ELECTION RELATING TO THE CITY TREASURER.
/HEREAS, pursuant to Elections Code Section §10002, the governing body of any city or distri lay request the Board of Supervisors of the county to permit the county elections official to rend specified services to the city or district relating to the conduct of an election; and WHEREAS, the resolution of the City Council of the City of Calipatria shall specify the services requested; and
WHEREAS, pursuant to Elections Code Section §10002, the city shall reimburse the county in full for the services performed upon presentation of a bill to the city; and WHEREAS, pursuant to Elections Code §10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, may be consolidated upon the order of the governing body/bodies or officer/officers calling the elections; and
WHEREAS, pursuant to Elections Code §10400, such election for cities and special districts may be either completely or partially consolidated; and
WHEREAS, pursuant to Elections Code section §10403, whenever an election is called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 8 days prior to the date of the election, file with the Board of Supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot, acknowledging that the consolidation election will be held and conducted in the manner prescribed in Section §10418. Upon such request, the Board of Supervisors may order the consolidation; and WHEREAS, pursuant to Elections Code Section §10418, if consolidated, the consolidated election shall be held and conducted, election boards appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed, voter challenges determined, ballots counted and returned, returns canvassed, results declared, certificates of election issued, recounts conducted, election contests presented, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide or special election, or the election held pursuant to Section §1302 or §1303, as applicable.

AYES:

NOES:

ABSTAIN:

ABSENT:

Sylvia Chavez, Mayor
City of Calipatria
ATTEST:

Catherine Hoff, City Clerk
City of Calipatria
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA,

CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENTS)

REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

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

SECTION 1. that the City Council authorizes the following members of its body:

Member(s) Sylvia Chavez, Michael Luellen, Javier Amezcua, Fred Beltran, and Maria Nava-Froelich to file (a) written arguments) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed names) and signature(s) of the authors) submitted it in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

SECTION 2. that the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney unless the organization or salaries of the office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis.
b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city.
c. In the event the entire text of the measure is not printed on the ballot, not in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following : "The above statement is an impartial analysis of the Ordinance of Measure. If you desire a copy of the ordinance or measure, please call the City Hall at (760) 348-4141 and a copy will be mailed or emailed at no cost to you."
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.

SECTION 3. that the City Clerk shall certify to the passage and adoption of this Resolution and properly record the results thereafter.

APPROVED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Calipatria held on the _ day of _ 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sylvia Chavez, Mayor
City of Calipatria
ATTEST:

Catherine Hoff, City Clerk
City of Calipatria

HOT CALPARE
1919

CALIPATRIA CITY COUNCIL AGENDA ITEM
Date Submitted: July 12, 2024
Submitted By: Edgar Self, Public Works Director
Council Meeting Date: July 22, 2024
Discussion / Action
Subject: purchase of the budgeted excavator
Background:

The City's current excavation equipment is over 25 years and is currently not safe to operate. The front left arm is not repairable at this time, the front hub is coming off. The bolts holding the front tires on are no longer attached as designed and are attached by bolt and nut. The brakes work intermittently making it furthermore unsafe to operate. The purchase will help the department in maintaining/making repairs to streets, parks, and wastewater infrastructure.

Recommendation:

Staff recommends the City Council approve the purchase of a budgeted excavator from Scotts Equipment.

Scotts Equipment: $81,855.52
John Deere: $94,820.00
Empire: $95,629.01
Fiscal Impact:
$81,855.52
Eye Sig

SCOTT QUOTATION

EQUIPMENT
DATE: 7/10/2024
14635 VALLEY BLVD 11318 NORWALK BLVD
FONTANA, CA 92335 SANTA FE SPRINGS, CA 90670
43136 RANCHO WAY
TEMECULA, CA 92590 NEW HOLLAND
[CUSTOMER: City of Calipatria SALESPERSON: Walt Valverde 125 N Park Ave CONSTRUCTION OFFICE: (909) 822-2200

ADDRESS
CITY, STATE, ZIP Calipatria, CA 92233 FAX: (909) 822-4850 CONTACT: Edgar Self CELL: (951) 453-7077
EMAIL: [email protected] DEVELON
OFFICE: (760) 455-2222
FAX:

CELL:

SHIP VIA: F.O.B. FONTANA, CA PRICES BELOW ARE GOOD FOR 10 DAYS

QUANTITY DESCRIPTION UNIT PRICE T AMOUNT
Stock # TBD Seria # TBD
1 New Holland E57C Mini Excavator Enclosed Cab 75,968.00 | S 75,968.00 Enclosed Cab, Rubber Tracks, Standard Dozer, Additional Counterweight. AC and Heater, Long Arm, Patter Changer, Radio and USB, Aux Hyd.

Attachments
Description Equip andfor Serial Number
Quick Coupler Included TBD
1 12" Bucket Included TBD
18" Bucket Included TBD
24" Bucket Included TBO
Thumb Included TBD
2 YEAF/2000 HOUR FULL MACHINE WARRANTY
All Warranty is Performed at Scott Equipment Service Sho ravel Time Is Not Covered By Warrant
SUBTOTAL 75,968.00
Purchase Order# Company: TAX 5,887.52
BMV
Date: Signature/Title: RADE Ir :
@ NEW HOLLAND
AGE COMORE |TOTAL S 81,855.52
Retail Purchase Order A WARNING

JOHN DEERE
RDO Equipment Co Narning: Cancer an
3275 Hwy 86 productive Harm
Imperial CA, 9225
hone: (760) 355-7829 - Fax: (760) 355-182 www.P65Warnings.ca.gov Bill To: Purchase Order Date: 6/27/2024
CITY OF CAL, RA Purchase Order # 1792352
DEPT OF PUBLIC WORK Purchaser Account #: 7770024
125 PARK ST
CALIPATRIA, CA. 922339727 Customer Purchaser Type: Governmental - County IMPERIAL () Customer Market Use: Building - Non-Residentia! (760) 348-414: CALIPATRIA, CA, 922339727
*E Salos Profassional: Robert Lue
60) 355-780
Fax:

Email: [email protected]
Equipment Intormation
Quantity Serial Number Hours Status / Year / Make / Modei Cash Price Stoc: Number (approx.) Additional Items
1 TED New 2024 JOHN DEERE 50P S88,000.00
TBD
Other DEAL INCLUDES - 12"/18" & 24" HD DIGGING BUCKETS
Customer Discount GOVERNMENT DISCOUNT
Narranty -John Deere Comprehensive-60 Months, 4000
Hours, Deductible: 200, Exp Date: 9/28/202
Equipment Subtotal: $88,000.00
Purchase Order Totals
Balance: $88.000.00
CA STATE TAX: $5,280.00
CA COUNTY TAX: $220.00
CA SPECIAL TAX: $1.320.00
Sales Tax Total: $6.820.00
Sub Total: $94,820.00
Cash with Order: $0.00
Balance Due: $94,820.00
Legal Information
For the Construction Productia!
ACKNOWLEDGMENTS• Purenasur offers to sell transter anu convey the items) listed as "Trade In" to the Dealer at or prior to tha ume of delivery of the above Products), as a "trade-in" to be applied agains: the casn pro. Purchaser toplesents that each trace-la dem snail be tree and clear of all secunty interests lens, and encumbrances a: the time of transter to the Dealer except to the extent shown beles The pose io de alloped to each sade items listed on this document. The Purchaser pronuses to pay the balance due shown hereon in cash, or to execule a Time Sale Agreement and tha: deal 6. teals, to the Purchaser pursuant to this Parchase Orcer wilt not constitute possession of the Products) by the Purchaser, as a deblor: for the purposes of the purchase money socunty proes has in any statutes relating to personal propery secury or its equivalant. Purenaser uncerstands that its ghts in connection with this purchase are limited as set forth in this Purchase Crder. i urue; grant a secuniy mierest to RDO Equipmentin te Product.

DISCLOSURE OF EULATION ULATION - When operated in Caufornia. any off-road ciesel vehicle may ne subject to the California Air Resources Board In-Use Of-Road Diesel Vohicle Regulation. hate ete retren: or ecsclerated turnover requirements to recuce onussions of at pollutants. More information is avalanie on the California Air Resources Beard weasite 5:3036. 00
IMPORTANT WARRANTY NOTICE. "He Standar Wamany for now on Deere construction and forestry progues is Set for in a separate document provided by the dealer. Please read ine Siancard Warramsy carolun atta is made unless spelled in the Warranty Slatement PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INT NOR STARD: ARREST ALPURCHASE ORCER, WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE.

Telemancs dic de. see shad ory me maware. Were ovalacle. ilemales software, induang JDun, " connectiony service. may be enabled from your local Jann Desre Operations Center arsEnat
The arcors. hereby Orders the product the Produe described above from the Dealer The Dealer Shall nat De Lable tor taure to provide the Product or tor any ..es guay dden to the Decle: s inablty to chain such Product from the manufacher or Subpler or other cause Devong the Dealur's control. The cash price snown above is the Pissest one manalcurer or suppler pror to any change in price by the manufacturer or suppler and is also subject to any new or increased taxes deing imposed upon inc san o*t
Und Saltine toes acrosing the eupment including attachments. it AS IS condition. agreeing to not RD Equepment Co. Within 24 hours of any damages or discredances to
D1792352 Page 1 of 6

EMPIRE CAI
City of Calipatria
125 N. Park Ave.

Calipatria, CA 92233
Attn: Eddie Self
*Not Actual Quoted Machina
CATERPILLAR 305 MINI HYDRAULIC EXCAVATOR
Powertrain Electrical
CAT C1.7T Electronic, Turbo, DOC (Diesel Oxidation 12V Electrical System Catalyst) Diesel Engine U.S. EPA Tier 4 Final 85 Ampere Alternator Automatic Engine Idle 650 CCA Maintenance Free Battery
Automatic Engine Shut-Off Battery Disconnect
Automatic Swing Brake Circuit Breaker
Automatic Two-Speed Travei Ignition Key Stop Switch
Fuel & Water Separator with Indicator Signaling/Warning Horn • Radial Seal, Double Element Air Filter with Restrictions Work Lights - Courtesy Safety & Left Boom Lights Indicator
Fluids
Hydraulics Extended Life Coolant - 37°C
Smart Tech Electronic Pump • Hydro Advanced Hydraulic Oil - Variable Displacement Piston Pump
* Load Sensing & Flow Sharing Hydraulics Other Standard Equipment = Power On Demand CAT Key with Passcode Option
Hydraulic Temperature Monitoring Locks on External Enciosure Doors • Certified Accumulator Lockable Fuel Cap
Beacon Socket
Operator Environment Engine Oil Ecology Drain
Operator Sound Pressure 72 dB(A) Side by Side Engine & Hydraulic Oil Cooler • Integrated Lower Front Window Stick Steer Mode
* Rear Window Emergency Exit Cruise Control Mode
• 12V Power Socket Power On Demand
• Ergonomic Joystick Control Levers Rear Reflectors
• Adjustable Wrist Rests Roll Over Protective Structure (ROPS) • Pattern Changer Product Link PL243
* Color LCD Monitor Auxiliary Hydraulic Lines
Fuel Level, Coolant Temperature & Waning Indicator 1-Way & 2-Way (Combined Function) Maintenance & Machine Monitoring
: Auxiany Line Quick Disconnecis Adjustable Auxiliary Flow Performance & Machine Adjustments
Numeric Security Code Continuous Flow
* Multiple Languages Adjustable Auxiliary Relief
= Hour Meter Thumb Ready Stick
Jog Dial Control Interface
* Coat Hook
Cup Holder
Hydraulic Lockout Controls
Literature Holder
Molded Footrests
Removable Washable Floormat
Retractable, Fluorescent "High Visibility" Seat Belt
Travel Control Pedals with Hand Levers
Utility Space for Mobile Phone
Skylight
Mounting Bosses for Top & Front Guards
.....

SMORE CONFIGURATION (CAB. PG MAN COUPLER)
• Long Stick 1ªt Auxiliary Lines • Cab
Boom & Stick Lines Air Conditioner & Heater
One-Piece Swing Boom (106.9°) Next Gen Monitor
Long Stick (63") with Thumb Bracket Rearview Camera
Manual Dual Lock Pin Grabber Coupler Integrated Radio
Bucket Linkage with Lifting Eye 3" Retractable Seat Belt 45mm Pins • CAT Key with Passcode Option
12" 1.7 FT Heavy Duty Bucket LED Lights
18" 2.9 FT Heavy Duty Bucket Right Cab Mirror
24" 4.2 FT? Heavy Duty Bucket Grease Gun Holder
120V Water Jacket Heater
Product Link Cellular (PL243) Travel Alarm
• Software
• Coded Start 16" Rubber Belt Track
• Proportional Control Standard Blade (78"x15.4") with Bolt-On Cutting Edge • 2-Way Control Standard Counterweight
Stick Steer Control

PRICING SUMMARY
List Price.. $113,066.00
Less Sourcewell Discount (20%). ($22,613.20)
Less Empire Discount (3%). ($3,391.98)
Sub Total. $87,060.82
Delivery.... $500.00
Ext. Warranty $1,190.00
Sales Price.. $88,750.82
Sales Tax. $6,878.19
Total Sales Price.. $95,629.01
SOURCEWELL Contract# 236351
We appreciate the opportunity to quote you this machine. Thank you for your consideration, and we look forward to your valued business.

Brian Havens
Account Manager
Empire Machinery
760-996-4881
Brian. [email protected]
7/3/2024
woon this auote and the final nice upon MFG confirmation of shin date. Tim brand cannot bo quarantrod, Du arket issues outside of Empire's control, any tires listed on this auote may not be available at time of shioment. All tire makes, models and casts are subioct to change. All finance octions are subied edit approval. By purchasing goods or services from Empire, you agree to Empire's Terms (www. empire-cal.com/salesservicaterms), which are incorporated into this quo SAFETY | RESPECT | INTEGRITY | TEAMWORK | EXCELLENCE | STEWARDSHIP | ASTONISHMENT

Page 2 of 9 ends

* *
1919

CALIPATRIA CITY COUNCIL AGENDA ITEM
Date Submitted: July 19, 2024
Submitted By:

Council Meeting Date: July 22, 2024
Discussion / Action
Subject: Approval of Lease Agreement for Tyson Medical Foundation ~ Property Address 101 North Lake Avenue
BacAugust 2, 2023, the City Council aproved first reading of Ordinance 23-003 approving the similar use determination for a medical clinic at 101 North Lake Avenue as the site is located within the Public Facilities (P-F) Zone and did not allow are medical clinics.

Staff has negotiated a lease agreement with Tyson Medical Foundation for the property located at 101 North Lake Avenue. The agreement is for a term of five (5) years with an option to renew two additional five (5) year terms.

The city currently does not have an existing medical facility. The Tyson Medical Foundation will provide a much-needed urgent care facility to the community.

On November 28, 2024, the City Council approved the attached lease agreement for the term of January 1, 2024 - December 31, 2029. The Tyson Medical Foundation has requested changing the terms starting September 1, 2024, to August 31, 2029.

Recommendation:

Staff is recommending the City Council approve the changes and authorize the Mayor and City Manager to execute the agreement.

Fiscal Impact:

No Fiscal Impact.

LEASE AGREEMENT
In consideration of the terms and conditions contained herein, the City of Calipatria, Lessor, does hereby lease to Tyson Medical Foundation, Lessee, and Lessee does hereby lease from the Lessor, that certain premises located in the City of Calipatria, California, (hereinafter called "premises") commonly known as 101 North Lake Avenue, on the southwest corner of APN: 023-223-001 at the intersection of Lake Avenue and Main Street/State Route 115, Calipatria, California.

1. TERM: The term of this Lease shall be for five (5) years, commencing September 1, 2024, and terminating August 31, 2029.

2. OPTION TO RENEW: At the expiration of the term, provided that the Lessee is not in default, the Lessee shall have the option to extend this lease for two additional five (5) year terms provided Lessee notifies the Lessor of its intention to exercise the option to renew thirty (30) days prior to the expiration of the term.

3. RENTAL: Lessee shall pay to Lessor as rental for the premises the sum of Four Thousand Five Hundred Dollars ($4,500.00) per month for the first year of this Lease. Monthly rent is due on the first day of the month and shall be late if not paid by the fifth day of the month. A late fee of six percent (6%) of the rent shall be assessed as additional rent if the rent is not paid by 5 p.m. on the fifth day of the month.

The monthly rent shall be subject to adjustment at the commencement of the second year of the term and every year thereafter by the greater of three percent (3%) or the annual Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, published by the United States Department of Labor, Bureau of Labor Statics in the month of August immediately prior to commencement of the subsequent year of the term.

Notwithstanding the foregoing, in consideration of the Lessee's plan to convert the premises into a medical clinic, the Lessor has agreed to waive the requirement to pay rent for the first eight (8) months of the term following the opening of the medical clinic.

4. SECURITY DEPOSIT: Lessee shall provide the Lessor a security deposit in an amount equal to one month's rent. The security deposit shall be held by the City in its general fund, and Lessee shall not be entitled to any interest earned on said deposit during the term of this Lease.

5. UTILITIES: The Lessee shall be solely responsible for any and all utilities provided to the premises.

6. ACCEPTANCE OF PREMISES: Lessee has had an opportunity to inspect the premises and knows the condition of the same. Lessor makes no warranty or representation of any kind concerning the condition of the premises, or the fitness of the premises for the use intended by Lessee, and hereby disclaims any personal knowledge with respect thereto, it being expressly understood by the Parties that Lessee has personally inspected the premises, knows its condition, finds it fit for Lessee's intended use, accepts it as is, and has ascertained that it can be used exclusively for the Required Uses, and any Permitted Uses authorized by Lessor.

7. REMODEL OF PREMISES: Lessor acknowledges that Lessee intends to remodel the premises to convert the same from office space to a medical clinic. Lessee shall be responsible for obtaining all necessary permits and inspections required for the remodel. All work on the premises shall be conducted by licensed contractors.

8. FREE OF LIENS: Lessee shall keep the premises free from any liens arising out of any work performed, material furnished, or obligations incurred by Lessee. Ten workdays prior to commencement of work on the premises, Lessee shall be responsible for notifying Lessor of its intention to commence work, so that Lessor may record a Notice of Non-Responsibility.

9. MAINTENANCE AND REPAIRS: Lessee shall, at its sole cost and expense, keep and maintain the premises in good and sanitary order, condition and repair.

10. WASTE: Lessee shall not commit or suffer to be committed any waste or forms of nuisance upon the premises.

11. SIGNAGE: Reasonable signage shall be permitted. However, inasmuch as the premises are owned by the City, signs or placards endorsing any candidate for political office or endorsing or opposing any ballot measure on any local, county, state or federal election shall not be permitted.

12. ASSIGNMENT AND SUBLETTING: Lessor may not assign this lease or enter into a sublease without the express written consent of Lessor. The decision to approve such an assignment or sublease shall be at the sole discretion of the Lessor.

13. INDEMNITY: Lessee agrees to indemnify and save harmless the Lessor from any and all liability, claim or causes for damages by reason of any injury to any person and persons, including the Lessee, or the property of any kind whatsoever and to whomsoever it belongs, including the Lessee, arising from any cause or causes occurring in or upon or in any way connected with the premises.

14. INSURANCE: Lessee shall, at its sole expense, cause to be maintained during the term of this Lease public liability and property damage insurance in the sum of $2,000,000 issued by a reputable insurance company, naming Lessor as an additional insured therein. Lessee shall furnish Lessor a certificate of insurance evidencing issuance of said liability policy within ten days of the execution of this Lease.

15. TAXES: The Lessor is a government entity, as such the premises are currently exempt from property taxes. In the event that Lessee's occupancy of the premises subjects the premises to property taxes, Lessee shall be responsible for all property taxes levied upon the premises. Lessee shall be solely responsible for the payment of any and all personal property taxes levied on Lessee's equipment installed at the premises.

16. USE: The premises are to be used as a medical clinic. Lessee shall not use Property for any purpose not expressly permitted hereunder.

17. PERMITS: Lessee shall obtain and maintain permits and licenses at the local, state, and federal level required to operate Lessee's business at the premises.

18. COMPLIANCE WITH THE LAW: Lessee shall comply with all requirements and regulations of the federal, state and municipal authorities now or hereinafter in force and effect. If Lessor gives notice to Lessee of any conditions requiring correction and Lessee fails to correct the same within 30 days, Lessee shall be in default under the terms of this Lease.

19. DAMAGE OR DESTRUCTION OF PREMISES: Except as provided herein, no destruction or damage to the premises by fire, windstorm or other casualty, whether insured or uninsured, shall entitle Lessee to terminate this Lease. Lessor and Lessee waive the provisions of any statutes which relate to termination of a lease when leased property is destroyed and agree that such event shall be governed by the terms of this Lease. If, during the term, the premises are totally or partially destroyed, rendering the premises totally or partially inaccessible or unusable, Lessee shall restore the premises to substantially the same condition as it was in immediately before destruction ("Restoration"), whether or not the insurance proceeds are sufficient to cover the actual cost of Restoration. Such destruction shall not terminate this Lease. If the laws existing at that time do not permit the Restoration, either party can terminate this Lease immediately by giving notice to the other Party.

20. EVENTS OF DEFAULT: The occurrence of any one or more of the following events shall constitute a material default, or breach of this Lease by Lessee ("Lessee Event of Default"):

20.1. Abandonment: Abandonment of the Property by Lessee as defined by California Civil Code section 1951.3;

20.2. Failure to Pay Rent or Other Payments: Failure by Lessee to make any payment of Rent or any other payment required to be made by Lessee hereunder, as provided in this Lease, where such failure continues for a period of three business days after Lessor provides Lessee with written notice thereof. In the event Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes ("Notice to Pay Rent or Quit ), such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph;

20.3. Assignment to Creditors; Debtor Status; Bankruptcy and Seizure:

20.3.1. Making, by Lessee, of any general arrangement or assignment for the benefit of creditors;

20.3.2. Becoming a "Debtor" as defined in 11 U.S.C. §101, as the same may be amended from time to time. The appointment of a bankruptcy trustee or receiver to take possession of all or substantially all of Lessee's assets located at or on the premises or of Lessee's interest in this Lease where possession is not restored to Lessee within thirty (30) days; or

20.3.3. The attachment, execution or other judicial seizure of all or substantially all of Lessee's assets located at or on the Property or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days.

21. REMEDIES UPON DEFAULT: In the event of any breach or default of this Lease by Lessee, Lessor, besides and in addition to any other rights and remedies that Lessor may legally have, shall have the immediate right of reentry, option to declare the lease terminated, remove all persons or property from the premises, and, at the sole discretion of Lessor, lease and exercise control over the premises as agent for Lessee. No exercise of the right of reentry or taking possession of the premises by Lessor shall be construed as an election to terminate the lease, unless a written notice of such election be given to Lessee or unless the Lease is terminated by decree of a court of competent jurisdiction. Lessee waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179, and any other present or future law, in the event Lessee is evicted or City otherwise lawfully takes possession of the Property by reason of any Event of Default or breach of this Lease by Lessee.

In the event that legal action is necessary to enforce any of the terms or conditions of this lease, the prevailing party shall be entitled to reasonable attorney's fees and costs from the other party.

22. NOTICES: All notices to the Parties shall, unless otherwise requested in writing, be sent as follows:

22.1. To Lessor:

Name: City of Calipatria
Attn: Laura Gutierrez, City Manager
Address: 125 North Park Avenue, Calipatria, CA 92233
Phone: (760) 348-4141
Email: [email protected]

22.2. To Lessee:

Name: Tyson Medical Foundation
Attn: Brian Tyson
Address: 420 Sunflower Ct., Brawley, CA 92227
Phone: (760) 592-4351
Email: [email protected]
All notices may be served on one Party by the other in person, by first class mail, or by certified mail whether or not said mailing is accepted by the other Party.

23. HOLDING OVER: If Lessee remains in possession of the premises or any part thereof after the expiration of the Term, including any Extension Term (if any), such occupancy shall be a tenancy from month-to-month with all the obligations of this Lease applicable to Lessee and at a monthly rental obligation equal to the amount of rent payable at the expiration of the Term or the Extension Term Rent, in effect at the time of expiration. In the event of holdover, the Lessor shall be entitled to raise the rent at its election, pursuant to California law. Nothing contained in this Lease shall give Lessee the right to occupy the premises after the expiration of the term, or upon an earlier termination for breach.

24. LESSOR'S RIGHT OF ACCESS: Lessor shall have access to the premises at all reasonable times for the purpose of inspecting the same, or posting such notices as LESSOR may deem to be necessary for the protection of Lessor or the premises.

25. SURRENDER OF PREMISES: Upon the expiration of this Lease, or any sooner termination thereof, Lessee agrees to peacefully and quietly surrender and deliver up possession of the premises to Lessor. At such time, Lessee shall be entitled to remove its personal property, equipment, and any fixtures that may be removed without damaging the premises. In the event there are fixtures that cannot be removed without damaging the premises, those fixtures shall become the property of the Lessor upon termination of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this lease on this _ day of. - 2024.

CITY OF CALIPATRIA: Lessee:

By: Sylvia R. Chavez, Mayor By: Brian Tyson
By: Laura Gutierrez, City Manager By: Fabiola Tyson
ATTEST:

By Catherine Hoff, City Clerk
APPROVED AS TO FORM:

By:

Gilbert G. Otero, City Attorney
1919

CALIPATRIA CITY COUNCIL AGENDA ITEM
Date Submitted: July 19, 2024
Submitted By:

Council Meeting Date: July 22, 2024
Discussion / Action
Subject: Approval of Lease Agreement for Estrada Towing ~ Property Address 501 South Sorenson Avenue
Background:

On May 28, 2024, the City Council authorized staff to proceed with negotiations for a lease agreement for the Public Works Yard with Estrada Towing. The Public Works Department was approved by the City Council to begin transitioning their relocation to the Airport Hanger.

Staff has negotiated a lease agreement with Estrada Towing for the property located at 501 South Sorenson Avenue. The agreement is for a term of two (2) years with an option to renew two additional two (2) year terms.

Recommendation:

Staff is recommending the City Council approve the lease agreement as presented and authorize the Mayor and City Manager to execute the agreement.

Fiscal Impact:

No Fiscal Impact.

LEASE AGREEMENT
In consideration of the terms and conditions contained herein, the City of Calipatria, Lessor, does hereby lease to Estrada Towing, Lessee, and Lessee does hereby lease from the Lessor, that certain premises located in the City of Calipatria, California, (hereinafter called "premises") commonly known as 501 South Sorenson Avenue, on the southeast corner of APN: 023-470-001 at the intersection of Date Street and Sorenson Avenue/State Route 111, Calipatria, California.

1. TERM: The term of this Lease shall be for two (2) years, commencing August 1, 2024, and terminating July 31, 2026.

2. OPTION TO RENEW: At the expiration of the term, provided that the Lessee is not in default, the Lessee shall have the option to extend this lease for an additional two (2) year terms provided Lessee notifies the Lessor of its intention to exercise the option to renew thirty (30) days prior to the expiration of the term.

3. RENTAL: Lessee shall pay to Lessor as rental for the premises the sum of Two Thousand Dollars ($2,000.00) per month for the first year of this Lease. Monthly rent is due on the first day of the month and shall be late if not paid by the fifth day of the month. A late fee of six percent (6%) of the rent shall be assessed as additional rent if the rent is not paid by 5 p.m. on the fifth day of the month.

Notwithstanding the foregoing, in consideration of the Lessee's plan to clean-up the premises, the Lessor has agreed to waive the requirement to pay rent for the first two (2) months of the term.

5. UTILITIES: The Lessee shall be solely responsible for any and all utilities provided to the premises.

7. CLEAN-UP OF PREMISES: Lessor acknowledges that Lessee intends to clean-up the premises to convert from Public Works Yard to a tow yard and mechanic shop. Lessee shall be responsible for obtaining all necessary permits and inspections required.

9. MAINTENANCE AND REPAIRS: Lessee shall, at its sole cost and expense, keep and maintain the premises in good and sanitary order, condition and repair.

10. WASTE: Lessee shall not commit or suffer to be committed any waste or forms of nuisance upon the premises.

16. USE: The premises are to be used as a medical clinic. Lessee shall not use Property for any purpose not expressly permitted hereunder.

17. PERMITS: Lessee shall obtain and maintain permits and licenses at the local, state, and federal level required to operate Lessee's business at the premises.

20. EVENTS OF DEFAULT: The occurrence of any one or more of the following events shall constitute a material default, or breach of this Lease by Lessee ("Lessee Event of Default"):

20.1. Abandonment: Abandonment of the Property by Lessee as defined by California Civil Code section 1951.3;

20.2. Failure to Pay Rent or Other Payments: Failure by Lessee to make any payment of Rent or any other payment required to be made by Lessee hereunder, as provided in this Lease, where such failure continues for a period of three business days after Lessor provides Lessee with written notice thereof. In the event Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes ("Notice to Pay Rent or Quit"), such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph;

20.3. Assignment to Creditors; Debtor Status; Bankruptcy and Seizure:

20.3.1. Making, by Lessee, of any general arrangement or assignment for the benefit of creditors;

22. NOTICES: All notices to the Parties shall, unless otherwise requested in writing, be sent as follows:

22.1. To Lessor:

Name: City of Calipatria
Address: 125 North Park Avenue, Calipatria, CA 92233
Phone: (760) 348-4141
Email: [email protected]

22.2. To Lessee:

Name: Estrada Towing
Address: 404 South N Street, Imperial, CA 92251
Phone: (760) 545-1117
Email: [email protected]
All notices may be served on one Party by the other in person, by first class mail, or by certified mail whether or not said mailing is accepted by the other Party.

IN WITNESS WHEREOF, the parties hereto have executed this lease on this day of , 2024.

CITY OF CALIPATRIA: ESTRADA TOWING (Lessee):

By: Sylvia R. Chavez, Mayor By: Alex Estrada
By: Laura Gutierrez, City Manager
ATTEST:

By:

Catherine Hoff, City Clerk
APPROVED AS TO FORM:

By: _
Gilbert G. Otero, City Attorney

Calipatria City CouncilJuly 22, 2024

Calipatria City Council
July 22, 2024