Agenda packet — El Centro City Council, February 15, 2022

AGENDA

CITY OF EL CENTRO

CITY COUNCIL/CITY COUNCIL AS

SUCCESSOR AGENCY TO THE

REDEVELOPMENT

AGENCY/SUCCESSOR HOUSING
AGENCY
TUESDAY, FEBRUARY 15, 2022
City Hall Joint Regular Meeting 11:30 AM

CITY HALL

COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1

THIS MEETING WILL BE CONDUCTED VIRTUALLY ONLY PURSUANT TO THE PROVISIONS OF THE BROWN ACT (Govt. Code Section 54953(e)).

COUNCIL MEMBERS, STAFF AND THE PUBLIC WILL ATTEND BY TELECONFERENCE.

Any member of the public is invited to submit public comments AND may, but is not required, to do so in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by February 15, 2022.

Any member of the public wishing to address the City Council during the meeting may do so by using the conference number provided on the agenda. At the time the Mayor asks for comments, please raise your hand and your name will be called.

To participate and make a public comment:

Join Zoom Meeting:
https://us02web.zoom.us/j/87174766172?pwd=bEV1YmFQSIZpbWpxYzlYdEt1cUhRUT09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 871 7476 6172 Passcode: 927598

PUBLIC COMMENTS AT THIS VIRTUAL MEETING ARE SUBJECT TO THE SAME TIME LIMITS ONCE THE PERSON COMMENTING BEGINS TO SPEAK.

Mayor & Council Members may be reached at (760) 336-8989 Mayor: Tomás Oliva City Manager: Marcela Piedra
Mayor Pro-Tem: Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Sylvia Marroquin
Cheryl Viegas-Walker
Agenda City Council of the City of El Centro February 15, 2022 City of El Centro Page 2
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:

Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION

PUBIC SAFETY
Upon the advice of legal counsel, the City Council will recess to closed session pursuant to Govt. Code Section 54957(a) regarding matters that pose a threat to essential public services and the public's right of access to such services.

POSSIBLE LITIGATION INITIATED BY THE CITY
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, based upon existing facts and circumstances, there is a significant possibility of litigation initiated by the City regarding a public agency's failure to obtain City grading approval.

POSSIBLE LITIGATION AGAINST THE CITY
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing fact and circumstances, there is a significant possibility of initiation of litigation against the City under Govt. Code Section 54956.9(d)(2) based upon the Granite Construction Company claim arising from the La Brucherie project.

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council, Successor Agency to the RDA and Successor Agency Housing Agency are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council, Successor Agency to the RDA and Successor Housing Agency Agenda City Council of the City of El Centro February 15, 2022 City of El Centro Page 3
concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda.
* Any information provided on the “Speaker Slip” is voluntary and will be public record.

RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

ROLL CALL BY CITY CLERK

PLEDGE OF ALLEGIANCE

INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:20 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR

1. Proclamation - National FFA Week, February 19-26, 2022

2. National Engineers Week - February 20-26, 2022
6:20-6:25PUBLIC COMMENTS
6:25-6:30 CONSENT AGENDA
Consent agenda items are approved by one motion. Council members or members of the public may pull consent items to be considered separately at a time determined by the Mayor.

3. Approve Warrant Registers for the Month of January 2022

4. Approve Payroll Registers for the month of January 2022

5. Approve Treasurer's Report for the Month of January 2022

6. Approve City Council Minutes of January 18, 2022 and February 1, 2022.

Agenda City Council of the City of El Centro February 15, 2022 City of El Centro Page 4
6:30-6:50 PUBLIC HEARINGS

7. Public hearing to consider the recommendation of the Planning Commission regarding Conditional Use Permit No. 21-06 for Telecommunications Tower at 486 S. Dogwood Avenue
PRESENTATION: Angel Hernandez, Interim Community Development Director RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 21-06 FOR AN 85-FOOT TELECOMMUNICATIONS TOWER AT 3486 S. DOGWOOD AVENUE

8. Zoning Variance 21-02 for Telecommunications Tower at 3486 S. Dogwood Avenue
PRESENTATION: Angel Hernandez, Interim Community Development Director RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING ZONING VARIANCE 21-02

ALLOWING AN INCREASE TO THE MAXIMUM HEIGHT LIMIT FOR A
TELECOMMUNICATIONS TOWER AT 3486 S. DOGWOOD AVENUE
6:50-7:50 NEW BUSINESS

9. DACA Waiver Agreement Approval
PRESENTATION: Elizabeth Martyn, City Attorney
RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY

OF THE WAIVER GRANTED BY THE BENEFICIAL OWNER AND THE TRUSTEE

WITH RESPECT TO CERTAIN BOND COVENANTS

10. Adoption of First Responders Park Honor Wall Guidelines PRESENTATION: Adriana Nava, Director of Community Services RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO ADOPTING FIRST RESPONDERS PARK HONOR WALL

GUIDELINES
Agenda City Council of the City of El Centro February 15, 2022 City of El Centro Page 5

11. Discussion and necessary action regarding approval of COVID-19 Vaccination and Testing Policy
PRESENTATION: Marcela Piedra, City Manager
RECOMMENDATION:

Adopt Resolution No. 22- , Resolution of the City Council of the City of El Centro, California Establishing and Adopting a COVID-19 Vaccination or Testing Policy for Current and Future City Employees

12. Mid-Year Budget Presentation FY 2022
PRESENTATION: Richard L. Romero - Director of Finance
RECOMMENDATION:

For Discussion

13. Approval of Transfer, Surrender and Cancellation Agreement - Successor Agency 2011 A & B Increment Bonds
PRESENTATION: Richard L. Romero, Director of Finance
RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 2011A AND 2011B TAX ALLOCATION BONDS

14. Discussion and any necessary action regarding the approval of Mandatory Recycling Ordinance
PRESENTATION: Abraham Campos, PE, Public Works Director/City Engineer RECOMMENDATION:

Approve Ordinance No. 22- , AN ORDINANCE OF THE CITY OF EL CENTRO REPEALING AND READOPTING CITY CODE CHAPTER 12 IN ITS ENTIRETY TO

PROVIDE FOR MANDATORY RECYCLING AND ORGANIC WASTE DISPOSAL REDUCTION, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

Agenda City Council of the City of El Centro February 15, 2022 City of El Centro Page 6

15. Discussion and any necessary action regarding the approval of a contract with Pegasus Telecommunications Consulting Group regarding the Police Station design project
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES WITH COMSITE PACIFIC, INC., DBA PEGASUS TELECOMMUNICATIONS

CONSULTING GROUP FOR TELECOMMUNICATIONS CONSULTING AND

ENGINEERING SERVICES RELATING TO THE CITY OF EL CENTRO POLICE

STATION PROJECT

16. Discussion and any necessary action regarding the award of the Water Treatment Plant Raw Water Electrical Panel Replacement Project PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

Adopt Resolution 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE WATER TREATMENT PLANT RAW WATER ELECTRICAL PANEL REPLACEMENT PROJECT.

17. Presentation regarding under billed water consumption affecting roughly three percent of water customers in El Centro
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

For presentation only or provide staff alternate direction

18. Presentation regarding unauthorized sewer connections to City sewer infrastructure
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

Review staff recommendations and provide staff with direction.

LEGISLATIVE ACTION
Agenda City Council of the City of El Centro February 15, 2022 City of El Centro Page 7
7:50-8:00 DEPARTMENT REPORT

19. Special Events Update – Adriana Nava, Director of Community Services 8:00-8:10 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

20. Approval of Transfer, Surrender and Cancellation Agreement - Successor Agency 2011 A & B Bonds
PRESENTATION: Richard L. Romero, Director of Finance
RECOMMENDATION:

Adopt Resolution SA No.22- , A RESOLUTION OF THE SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO,

CALIFORNIA APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION FOR THE
SUCCESSOR AGENCY 2011A AND 2011B TAX ALLOCATION BONDS
8:10-8:40 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER

REPORTS
8:40-8:50 CITY MANAGER REPORT

ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Proclamation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Tomás Oliva
PRESENTATION (ID # 5423) DOC ID: 5423
Proclamation - National FFA Week, February 19-26, 2022
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City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Recognition
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Tomás Oliva
PRESENTATION (ID # 5393) DOC ID: 5393
National Engineers Week - February 20-26, 2022
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City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5420) DOC ID: 5420
Warrant Registers for January 2020
CITY MANAGER’S RECOMMENDATION:

Approve Warrant Registers for the Month of January 2022 FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• January 2022 (PDF)
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Attachment: January 2022 (5420 : Warrant Registers - January 2022) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5433) DOC ID: 5433
Discussion and any necessary action regarding approval of Payroll Registers for the month of January 2022
CITY MANAGER’S RECOMMENDATION:

Approve Payroll Registers for the month of January 2022 ATTACHMENTS:
• PAYROLL REGISTERS JANUARY 2022-1 (PDF)
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Attachment: PAYROLL REGISTERS JANUARY 2022-1 [Revision 1] (5433 : Payroll Registers for the City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Anthony G. Plancarte
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5435) DOC ID: 5435
Treasurer's Report - January 2022
CITY MANAGER’S RECOMMENDATION:

Approve Treasurer's Report for the Month of January 2022 FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• Treasurer's Report January 2022 (PDF)
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Attachment: Treasurer's Report January 2022 (5435 : Treasurer's Report - January 2022) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Minutes
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5429) DOC ID: 5429
Approval of City Council Minutes of January 18, 2022 and February 1, 2022.

CITY MANAGER’S RECOMMENDATION:

Approve City Council Minutes of January 18, 2022 and February 1, 2022.

ATTACHMENTS:
• 1-18-2022 Regular CC Minutes (DOCX)
• 2-01-2022 Regular CC Minutes (DOCX)
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Book 36

Page 424 ends

JOINT REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY COUNCIL AS SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY/

SUCCESSOR HOUSING AGENCY

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JANUARY 18, 2022 11:30 A.M.

The El Centro City Council met in an all virtual regular session on Tuesday, January 18, 2022 at 11:32 a.m. in Conference Room A, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: None
Closed Session Public Comment
None

CITY COUNCIL CLOSED SESSION
Moved by Viegas-Walker, second by Marroquin, to adjourn into closed session for:

LABOR NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code §54957.6 to meet with Agency Representatives Marcela Piedra, City Manager, Dulce Bedolla, Human Resources Director and Patrick Clark, consulting negotiator, for the purpose of considering employee compensation in the form of fringe benefits, or, as applicable, other matters dealing with mandatory subjects within the scope of representation pursuant to Government Code §3504; negotiating with all bargaining units within the City.

POSSIBLE LITIGATION AGAINST THE CITY
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation against the City under Govt. Code Section 54956.9(d)(2) based upon the Granite Construction Company claim arising from the La Brucherie project.

PUBLIC SAFETY
Upon the advice of legal counsel, the City Council will recess to closed session pursuant to Govt. Code Section 54957(a) regarding matters that pose a threat to essential public services and the public's right of access to such services.

Motion unanimously carried.

Closed Session concluded at 2:26 p.m.

City Council recessed to 6:00 p.m.

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Attachment: 1-18-2022 Regular CC Minutes (5429 : Approval of City Council Minutes) Book 36

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OPEN SESSION
The El Centro City Council met in an all virtual regular session on Tuesday, January 18, 2022 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: None
Pledge of Allegiance to the flag of the United States of America was led by Council Member Garcia, and Invocation was given by Mayor Oliva.

CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Martyn reported that there was no reportable action from closed session. She mentioned that Council discussed bargaining issues to make responses to a variety of bargaining groups and possible pending claim.

SCHEDULED PRESENTATIONS

1. Recognition – Certificate of Law Enforcement Appreciation Day. Certificate was received by Chief Brian Johnson.

PUBLIC COMMENTS
None

CONSENT AGENDA
Moved by Viegas-Walker, second by Garcia, approving consent agenda items #3 – #7.

2. Approval of Warrant Registers for the Month of December 2021.

3. Approval of Payroll Registers for the Month of December 2021.

4. Approval of Treasurer’s Report for the Month of December 2021.

5. Approval of City Council minutes of December 7, 2021 and December 9, 2021.

6. 2
nd Reading and Adoption of Ordinance No. 21-06, ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO AMENDING THE ZONING MAP OF THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE 19-02, waive reading and adopt by title only.

7. Approve plans and specifications related to the Clarifier’s Rehabilitation Project.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None

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PUBLIC HEARINGS

8. This was the date and time set for a public hearing for the purpose of discussing an amendment to the 2021-2022 Annual Action Plan for the Community Development Block Grant (CDBG) program.

Presentation by Adriana Nava, Community Services Director. Mayor Oliva declared the public hearing opened and asked if anyone wish to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Motion by Viegas-Walker, to reject staff’s recommendation and to retain the funding as originally allocated in the CDBG program in the sidewalk improvements. Seeing that there was no second, motion failed.

Moved by Garcia, second by Marroquin, approval of an amendment to the 2021-2022 Annual Action Plan subject to the 30-day public review period, and authorize the City Manager to submit a letter to HUD to request authorization for the amendments.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: Viegas- Walker
ABSENT: None
ABSTAINED: None

9. This was the date and time set for a public hearing for the purpose discussion and necessary action regarding a Substantial Amendment to 2019-2020 Annual Action Plan for the allocation of Community Development Block Grant – COVID -19 (CDBG-CV) funds.

Presentation by Adriana Nava, Community Services Director. Mayor Oliva declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Vino Pajanor, Chief Executive Officer, Catholic Charities, spoke regarding what was being proposed and to support the action. Seeing no other members wishing to speak, the public hearing was closed.

Council member Viegas-Walker asked Mr. Pajanor several questions, which he answered.

Moved by Viegas-Walker, second by Garcia, approval of a substantial amendment to the CDBG 2019-2020 Annual Action Plan, which includes the allocation of CDBG-CV funding.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None

NEW BUSINESS

10. Presentation by Marcela Piedra, City Manager, declaration renewing the Emergency Resolution.

Moved by Viegas-Walker, second by Cardenas-Singh, adoption of Resolution No. 22-01,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REVIEWING AND COFIRMING RESOLUTION NO. 20-14 REGARDING A DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19 AND RESCINDING RESOLUTION NO. 20-37.

AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED:None

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11. Presentation by Adriana Nava, Community Services Director, request for Measure P Funds for Buckling Park Challenge Course.

Council Member Garcia abstained himself from this item since he lives in close proximity to the park.

Moved by Viegas-Walker, second by Cardenas-Singh, approved the use of $81,715 in Measure P funds for the purpose of constructing the Buckling Park Challenge Course.

AYES: Viegas-Walker, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: None
ABSTAIN: Garcia

12. Presentation by Adriana Nava, Community Service Director, discussion and any necessary action regarding the award of a bid and authorizing the execution of a contract for the Bucklin Park Challenge Course Project.

Council Member Garcia abstained himself from this item since he lives in close proximity to the park.

Moved by Viegas-Walker, second by Marroquin, adoption of Resolution No. 22-02, RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND

AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE BUCKLIN PARK CHALLENGE COURSE PROJECT.

AYES: Viegas-Walker, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: None
ABSTAINED: Garcia

13. Presentation by Adriana Nava, Community Services Director, purchase of 2021 Massey Ferguson Tractor.

Moved by Cardenas-Singh, second by Viegas-Walker, adoption of Resolution No. 22-03,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING THE EL CENTRO COMMUNITY SERVICES DEPARTMENT TO PURCHASE ONE NEW 2021 MASSEY FERGUSON TRACTOR.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None

14. Presentation by Angel Hernandez, Interim Community Development Director, amendment to agreement with CityPlace Planning for Preparing Zoning Code update.

Moved by Garcia, second by Viegas-Walker, adoption of Resolution No. 22-04, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE FIRST AMENDMENT

TO THE AGREEMENT BETWEEN THE CITY AND CITYPLACE PLANNING FOR

PROFESSIONAL SERVICES FOR THE CITY OF EL CENTRO GENERAL PLAN LAND USE

ELEMENT, MOBILITY ELEMENT, AND ENVIRONMENTAL JUSTICE ELEMENT UPDATES

AND TO PREPARE A CONCEPTUAL THOROUGHFARE PLAN
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None

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DEPARTMENT REPORT

15. Water Treatment Plant (WTP) Emergency Repairs update by Abraham Campos, Director of Public Works/City Engineer

LEGISLATIVE ACTION
None
City Council recessed and convened as the Successor Agency to the Redevelopment Agency at 7:17 p.m.

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
PRESENT: Agency Members: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin Secretary Wyles, Executive Officer Manager Piedra, Agency Counsel Martyn Evans

16. Moved by Viegas-Walker, second by Garcia, Adoption of Resolution No. SA 22-01, RESOLUTION

OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AMENDMENT NO. 2 TO THE EXCLUSIVE NEGOTIATING

AGREEMENT WITH CHELSEA INVESTMENT CORPORATION FOR THE SALE OF

CERTAIN REAL PROPERTY OWNED BY THE SUCCESSOR AGENCY TO PROVIDE AN ADDITIONAL 180 DAY PERIOD TO COMPLETE FINAL PROJECT DOCUMENTS AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
Successor Agency to the Redevelopment Agency adjourned at 7:26 p.m. and reconvened as City Council.

TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.

CITY MANAGER REPORT
City Manager reported on activities since last City Council meeting and upcoming events.

ADJOURNMENT
With no further business to come before City Council, Mayor Viegas-Walker adjourned the meeting at 7:49 p.m.
__________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomas Oliva, Mayor

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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, FEBRUARY 1, 2022 11:30 A.M.

The El Centro City Council met in an all virtual regular session on Tuesday, February 1, 2022 at 11:33 a.m. in Conference Room A, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: Garcia (arrived at 11:35 a.m.)
Closed Session Public Comment
None

CITY COUNCIL CLOSED SESSION
Moved by Cardenas-Singh, second by Marroquin, to adjourn into closed session for:

LABOR NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code 54957.6 to meet with Agency Representatives Marcela Piedra, City Manager, Dulce Bedolla, Human Resources Director and Patrick Clark, consulting negotiator, for the purpose of considering employee compensation in the form of fringe benefits, or, as applicable, other matters dealing with mandatory subjects within the scope of representation pursuant to Government Code 3504; negotiating with all bargaining units within the City.

POSSIBLE LITIGATION INITIATED THE CITY
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, based upon existing facts and circumstances, there is a significant possibility of litigation initiated by the City regarding 1) unpaid sewer connection capacity charges; 2) uncollected water meter charges; and 2) a public agency's failure to obtain City grading approval.

Motion unanimously carried. Garcia absent. (Garcia arrived at 11:35 a.m.) Closed Session concluded at 2:12 p.m. (All present)
City Council recessed to 6:00 p.m.

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OPEN SESSION
The El Centro City Council met in an all virtual regular session on Tuesday, February 1, 2022 at 6:01 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Martyn Evans reported that Council discussed bargaining updates and gave instructions to its negotiator and addition there are two items to be reported out and Mr. Abraham Campos and the City Manager will be providing additional information about those during the City Managers report. Those two items involve providing information for a public agenda item on the open session agenda of February 15th meeting concerning two issues. First is payment of water charges incurred but not billed because of water meter malfunctions and the second is collection of capacity fees and related unpaid sewer fees of those who connected illegally or improperly to the city sewer.

SCHEDULED PRESENTATIONS

1. Proclamation received by Pastor Paul Crieglow, 70th Anniversary Celebration – Central Baptist Church, February 12, 2022.

PUBLIC COMMENTS
None

CONSENT AGENDA
Moved by Viegas-Walker, second by Marroquin, approving consent agenda items #2 – #4.

2. Approval of City Council minutes of December 21, 2021, January 4, 2022 and January 10, 2022.

3. Adoption of Resolution No. 22-05, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO CONFIRMING THE CONTINUATION OF LOCAL STATE OF EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020

AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD FEBRUARY 3 THROUGH MARCH 4 PURSUANT TO NEWLY ENACTED BROWN ACT PROVISIONS.

4. Adoption of Resolution No. 22-06, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, APPROVING THE DESTRUCTION OF EL CENTRO POLICE DEPARTMENT RECORDS FROM 2015-2019.

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AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None

PUBLIC HEARINGS

5. This was the date and time set for a public hearing for the purpose of considering the recommendation of the Planning Commission to adopt an Addendum to the El Centro General Plan Final EIR (SCH #2020070349) for the 2021-2029 Housing Element Update. Presentation by Angel Hernandez, Interim Community Development Director and Alexis Bueno from Veronica Tam and Associates.

Mayor Oliva declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Moved by Viegas-Walker, second by Garcia, adoption of Resolution No. 22-07, RESOLUTON OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, APPROVING AN

ADDENDUM TO THE EL CENTRO GENERAL PLAN UPDATE FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2020070349) FOR THE 2021-2029 HOUSING ELEMENT UPDATE.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None

6. This was the date and time set for a public hearing for the purpose of considering the recommendation of the Planning Commission to adopt the 2021-2029 Housing Element Update. Presentation by Angel Hernandez, Interim Community Development Director and Alexis Bueno from Veronica Tam and Associates.

Mayor Oliva declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Moved by Marroquin, second by Viegas-Walker, adoption of Resolution No. 22-08, RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, APPROVING A

GENERAL PLAN AMENDMENT UPDATING THE CITY OF EL CENTRO HOUSING

ELEMENT OF THE GENERAL PLAN AND DECLARING THIS AMENDMENT TO BE THE FIRST GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2022.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None

NEW BUSINESS

7. Presentation by Adriana Nava, Community Services Director, discussion and necessary action related to the proposals received for Community Development Block. Council discussed the funding for each category and made some modifications to the Catholic Charities – Homeless Day Center and to the Catholic Charities Senior Nutrition Program. Danielle Willenberg, Director of Philanthropy, Catholic Charities Diocese of San Diego, spoke regarding their programs and expressed how much the funding from the CDBG program has helped to provide services. Antoinette Fallon, Director of Homeless Services, Catholic Charities, also commented on the services they provide to the homeless population.

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Moved by Garcia, second by Marroquin, approval of discussed funding for the CDBG Program year 2022-2023 and direction to Mayor Pro-Tem Cardenas-Singh to come back to the Council when there is an option to augment the funding requested by the Cal Programs.

Fair Housing - $47,250
Catholic Charities House of Hope $11,500
Catholic Charities Senior Nutrition $12,000
Catholic Charities Homeless Day Center $ 8,250
El Centro PAL (PNB) $ 8,143
Total: $87,143
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED:None

LEGISLATIVE ACTION
None

LEGISLATIVE ACTION

8. Received and referred to Community Development Department, Application for Alcoholic Beverage License – Dpoly Taco Grill & Beer, 1573 W. Main St., El Centro, CA 92243

TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.

CITY MANAGER REPORT
City Manager reported on activities since last City Council meeting and upcoming events and asked Mr.

Campos to report on the water meters malfunction and water and sewer capacity fees illegal connections.

Report by Abraham Campos, Public Works Director/City Engineer, reported on the 300-400 water meters malfunctioned causing 4 to 6 months on said billings not to be collected. The City will offer payment plan option following City Policy 313, which incorporates the process of SB 998, the Water Shutoff Protection Act. Residents may request a payment plan of 12 months or more, depending on demonstrated need.

Mr. Campos also reported on La Colonia area which includes Pico, El Dorado, Buena Vista and Lincoln.

The City has to collect on water and sewer capacity fees for residents who connected illegally or improperly to the city sewer. Nine (9) properties have been identified. Several payment options will be offered, depending on Council’s approval.

ADJOURNMENT
With no further business to come before City Council, Mayor Oliva adjourned the meeting at 8:43 p.m.
__________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomas Oliva, Mayor

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Attachment: 2-01-2022 Regular CC Minutes (5429 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Public Hearing
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 5418) DOC ID: 5418
Public hearing to consider the recommendation of the
Planning Commission regarding Conditional Use Permit No. 21-06 for Telecommunications Tower at 486 S. Dogwood
Avenue
CITY MANAGER’S RECOMMENDATION:

Not Applicable
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #6 - Strengthen El Centro’s resilience by diversifying the economy, recruiting new businesses, creating opportunities for business growth, retaining businesses, and maximizing efficiency.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not Applicable
BACKGROUND:

Tectonic Engineering in behalf of Vertical Bridge, the applicant, is requesting approval of Conditional Use Permit (CUP) 21-06 and Zoning Variance No. 21-02 for the construction and operation of an 85-foot high monopole telecommunications tower at 3486 S. Dogwood Avenue. The purpose of the monopole telecommunications tower is to provide T-Mobile cellular phone services to the southeastern portion of the El Centro.

The tower would also accommodate two future mobile phone carriers in addition to TMobile.

The project site is in the CG-General Commercial zone. Because the maximum height for structures in the CN zone is 65-feet, the applicant is also requesting a zoning variance from the maximum height requirements. The Zoning Ordinance requires that new telecommunications towers obtain a conditional use permit to be approved by the City Council after a recommendation by the Planning Commission. A public hearing was held before the Planning Commission on January 11, 2022 in which resolutions recommending the approval of Conditional Use Permit 21-06 and Zoning Variance 21- 02 were adopted.

The project consists of an 85-foot monopole telecommunications tower and a 21-foot by 90-foot equipment enclosure (Refer to Exhibit B-Site Plan). The site is located approximately 975 feet west of Dogwood Avenue, the nearest roadway, and 1,773 feet east of the nearest residential zoned property.
7 Packet Pg. 81
Resolution (ID # 5418) Meeting of February 15, 2022
DISCUSSION:

Project Location and Surrounding Area - The project site consists of a 7-acre property at 3486 S. Dogwood Avenue. The ground area that will be leased and used for the telecommunications tower and consist of 1,890 square feet. Occupying the site is a heavy equipment rental and metal fabrication shop. The surrounding area consists of a low intensity industrial and general commercial uses. Uses in the vicinity of the project site are as follows:

Direction Uses
North Outdoor truck storage
East Railroad, outdoor hay storage
South Outdoor equipment storage
West Dogwood Avenue, General Retail
Zoning - The entire project site falls within the CG- General Commercial Zone. This zone is intended for general business, light service and retail uses, as well as largescale planned shopping districts and, where appropriate, hotel and public assembly uses. The CG zone is intended to implement the general commercial general plan land use designation. The subject property and other properties west of Dogwood Avenue were recently annexed into the city in 2020. As previously mentioned, the maximum height limit is 65-feet and the applicant is requesting a zoning variance from that requirement.

Site Selection - The Zoning Ordinance requires applicants for a telecommunications facility to explain the site selection process. The applicant and T-Mobile have targeted a 1-mile radius area in the southeast portion of the City of El Centro for a cell tower due to the concentration of persons visiting stores, hotels, and restaurants in the Imperial Valley Mall area. The applicant has provided a narrative on candidate sites for collocation that were researched in the search area of the Exhibit C-Alternative Analysis.

Public Noticing - A public hearing notice was distributed to property owners within 500- feet of the subject property. A public hearing notice was also published in the Imperial Valley Press on February 4, 2022. Please note that the January 11, 2022 Planning Commission public hearing was also noticed in the same manner. As of the date of the preparation of this report, staff has not received any comments, questions or concerns regarding the project.

RF Emissions - The Federal Communications Commission (FCC) provides standards for RF emissions and exposure. Antennas for cellular phone or personal communications services meet FCC RF emissions standards when antennas have an effective radiated (ERP) power of 500 watts or less per channel. It is important to note that federal law also restricts the local authority on considering approvals of telecommunications tower either directly or indirectly based on RF emissions.

Aesthetics - A key concern with the siting of cellular towers are aesthetics and visual compatibility. The applicant has provided simulated photos of the tower from a variety of 7 Packet Pg. 82
Resolution (ID # 5418) Meeting of February 15, 2022
points of view (Exhibit D-Photo Simulation). Because the property site is located away from nearby roadways and residences, the visual impact is considered to be minimal.

ANALYSIS & REQUIRED FINDINGS
City staff reviewed the site plan for the project for compliance with the City’s General Plan and development standards.

Vehicle Access - The property is located over 900 feet the nearest roadway. The project site doesn’t have any driveways or other improved vehicle access to the site.

Due to the distance from the nearest roadway and in frequent visits to the proposed facility by technicians a driveway consisting of an all-weather surface (e.g. gravel or asphalt grindings), as opposed to asphalt/concrete pavement, is being required.

Required Findings (Conditional Use Permit) - In considering approval of Conditional Use Permit 21-06, City Council shall refer to the required findings found in the City’s Zoning Ordinance:

1. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.

Telecommunications facilities are permitted in any zone with a conditional use permit issued by the City Council.

2. Said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or uses specifically permitted in the zone in which the proposed use is to be located. The project consists of a telecommunications tower for cellular phone service. It will allow for the collocation of up to three carriers. As cellular phones service is a modern necessity, the orderly deployment of communication infrastructure is required.

3. The site for the intended use is adequate in size and shape to accommodate said use, and all yards, setbacks, walls or fences, landscaping and other features are required in order to adjust said use to those existing or permitted future uses on land in the neighborhood. The project is requesting modifications to maximum height limit in the CG-Zone. To provide adequate coverage and minimizing the number of telecommunications facilities a variance on the height limit is required to accommodate the proposed 85-foot monopole cell tower.

4. The site for the proposed use relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. The project would construct an allweather access road from Dogwood Avenue as the primary access.

5. The conditions stated in the decision and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare.

Project conditions are included in the Conditional Use Permit and are necessary to protect the health, safety and welfare of the community.

Required Findings (Zoning Variance) - In considering approval of the Zoning Variance, City Council shall refer to the required findings found in the City’s Zoning 7 Packet Pg. 83
Resolution (ID # 5418) Meeting of February 15, 2022
Ordinance:

1. Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of this chapter would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Due to the unique requirements for cellular service that are determined by the location of users in businesses that determine the adequacy of cell sites and to minimize the number or proliferation strict interpretation of the height requirement would reduce the property of privileges enjoyed by other properties in the vicinity.

2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. The variance is specific for the conditions related to the siting of telecommunications towers. Due to their unique operating requirements and to prevent the over deployment of cell sites throughout the city adjustment to the maximum height requirement is being requested.

3. The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The granting of the variance for an increased height will not be detrimental to public health safety or convenience. Nor would it be damaging to property or improvements in the vicinity and within the same zoning district.

4. The granting of such variance will not adversely affect the general plan for the city. Granting of the variance would support the following policy included in the general plan: Economic Development Policy 3.2.2 El Centro should offer the full range of telecommunication services for business and households
Environmental Compliance & Noticing Requirements - The proposed project is categorically exempt pursuant to Section 15315 of the California Environmental Quality Act (CEQA) Guidelines, as amended, pertaining in-fill development projects. The public hearing scheduled for February 15, 2022 was duly noticed in the Imperial Valley Press, a newspaper of general circulation on February 4, 2022 and a Notice of Public Hearing was sent to all property owners within 500-feet of the property.

CONCLUSION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 21-06 FOR AN 85-FOOT TELECOMMUNICATIONS TOWER AT 3486 S. DOGWOOD AVENUE ATTACHMENTS:
• Exhibit A-Project Location Map (PDF)
• Exhibit B-Site Plans (PDF)
• Exhibit C-Alternative Analysis (PDF)
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Resolution (ID # 5418) Meeting of February 15, 2022
• Exhibit D-Photosimulations (PDF)
• Exhibit E-CUP 21-06 Resolution (PDF)
7 Packet Pg. 85
Dogwood Ave
Danenberg Dr Danenberg Dr
Maxar
Vertical Bridge Telecommunications Tower
1549 Dogwood Avenue
Conditional Use Permit 21-06

PROJECT
SITE
¯
Project
Location Map
0 135 270 540 810 1,080
Feet
Parcel Lines
CUP 21-06
City Limits

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Attachment: Exhibit A-Project Location Map (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.)

COVER SHEET
T-1
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

SITE ADDRESS
1549 DOGWOOD RD.

EL CENTRO, CA 92243

CITY OF EL CENTRO
LATITUDE: 32° 45' 46.06696" (32.7628°) N
LONGITUDE: -115° 32' 17.73875" (115.5383°) W
ROUND ELEVATION: -27.50 AMSL
TAX/PIN #: 054-360-053-000
ZONING: GENERAL COMMERCIAL (CG)

VICINITY MAP NORTH

CONSULTANT
NUMBER OF CARRIERS:USE:

PROPERTY OWNER
TOWER TYPE:TOWER HEIGHT:MUNICIPALITY:STATE:

PROJECT SUMMARY CONTACTS
WT GROUP, LLC.
8560 S EASTERN AVE, #220
LAS VEGAS, NV 89123
PHONE: (702) 998-1012
ATTN.: RYAN GROSS
CITY OF EL CENTROCALIFORNIAMONO-POLE80' (85' TO HIGHEST APPURTENANCE)0 EXISTING, 1 PROPOSED, 2 FUTUREPROPOSED TELECOMMUNICATIONS TOWERAND UNMANNED EQUIPMENT

TELEPHONE COMPANY
TBD

DEVELOPER

ECO-SITE
1010 SYNC ST., SUITE 575
MORRISVILLE, NC 27560PHONE: (919) 636-6810
ATTN: PROPERTY MANAGEMENT COMPANY

DRIVING DIRECTIONS

SITE LOCATION
LEAVING SAN DIEGO AIRPORT (SAN DIEGO, CA):
x HEAD EAST ON N HARBOR DR TOWARD MCCAIN RD. USE
THE LEFT 3 LANES TO TURN LEFT ONTO W GRAPE ST
x USE THE RIGHT 2 LANES TO TAKE THE INTERSTATE 5 S
RAMP. MERGE ONTO I-5 S
x USE THE RIGHT 2 LANES TO TAKE EXIT 15B FOR CA-94 E.

CONTINUE ONTO CA-94 E
x USE THE LEFT 3 LANES TO TAKE THE CALIFORNIA 94
E/CALIFORNIA 125 N EXIT TOWARD LA MESA/SPRING ST
x KEEP LEFT AT THE FORK TO CONTINUE ON EXIT 9B,
FOLLOW SIGNS FOR CA-125 N
x CONTINUE ONTO CA-125 Nx USE THE RIGHT 2 LANES TO TAKE EXIT 18A TO MERGE ONTO I-8 E. TAKE EXIT 116 FOR DOGWOOD RD
x TURN RIGHT ONTO S DOGWOOD RDx DESTINATION WILL BE ON THE RIGHT T-1 COVER SHEET 4

SHEET INDEX
C-1 OVERALL SITE PLAN
C-2 ENLARGED SITE PLANC-3 ELEVATIONS

POWER COMPANY
KC WELDING1549 DOGWOOD ROAD
EL CENTRO, CA 92243PHONE: (760) 554-3832
ATTN.: MIKE MOSTRONG
4 TECTONIC ENGINEERING
PHONE:CONTACT:1420 BRISTOL STREET NORTH, SUITE 210NEWPORT BEACH, CA 92660 (949) 502-8555

EMANUEL HIGGINS

ZONING MANAGER/JURISDICTION CONTACT
C-4 ELEVATIONS

IMPERIAL IRRIGATION DISTRICT
PO BOX 937
IMPERIAL, CA 92251
PHONE: (800) 303-7756
ATTN: GABRIEL RAMIREZ
CA-0132 / SOUTH DOGWOOD ROAD
44 C-5 ANTENNA PLAN
44 C-1.1 SITE PLAN 4
LS-1 BOUNDARY ANALYSIS & PARCEL INFORMATION
LS-2 TOPOGRAPHIC SURVEY AND EASEMENTS
AA
LS-3 TITLE REPORT EXCEPTIONS & PROPOSED EASEMENTS A
E-1 OVERALL UTILITY PLAN 4
E-2 SINGLE-LINE DIAGRAM 4

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood PROJECT INFORMATION:

SOUTH DOGWOOD ROAD
US-CA-5224
SD07889
CURRENT ISSUE DATE:

PRELIMINARY SURVEY
ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

SHEET NUMBER: REVISION:SHEET TITLE:

W-T COMMUNICATION
DESIGN GROUP, LLC.

WIRELESS INFRASTRUCTURE
8560 S. Eastern Ave. Suite 220
Las Vegas, NV 89123
PH: (702) 998-1000 FAX: (702) 998-1010
www.wtengineering.com

BOUNDARY ANALYSIS &

PARCEL INFORMATION
LS-1
SURVEY ANALYSIS & TOPOGRAPHIC SURVEY 1 SCALE: 1"= 150'

PARCEL INFORMATION

VICINITY MAP SURVEYOR'S CERTIFICATE
LICENSER:

TRENT J.

KEENAN

PROJECTLOCATION
APPROVED BY:

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Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood 1 SCALE: TOPOGRAPHIC SURVEY 1"= 50'
LS-2
PROJECT INFORMATION:

CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

SHEET NUMBER: REVISION:SHEET TITLE:

W-T COMMUNICATION
DESIGN GROUP, LLC.

WIRELESS INFRASTRUCTURE
8560 S. Eastern Ave. Suite 220
Las Vegas, NV 89123
PH: (702) 998-1000 FAX: (702) 998-1010
www.wtengineering.com

TOPOGRAPHIC SURVEY

AND EASEMENTS
LICENSER:

PRELIMINARY SURVEY

SOUTH DOGWOOD ROAD
US-CA-5224
SD07889

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood LS-3
PROJECT INFORMATION:

CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

SHEET NUMBER: REVISION:SHEET TITLE:

W-T COMMUNICATION
DESIGN GROUP, LLC.

WIRELESS INFRASTRUCTURE
8560 S. Eastern Ave. Suite 220
Las Vegas, NV 89123
PH: (702) 998-1000 FAX: (702) 998-1010
www.wtengineering.com

TITLE REPORT

EXCEPTIONS & PROPOSED

EASEMENTS
LICENSER:

PRELIMINARY SURVEY

SOUTH DOGWOOD ROAD
US-CA-5224
SD07889

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood X X
X
X
X
X
X
X
X
X
X

X X X X
E(OH)

E(OH) E(OH)

OVERALL

SITE PLAN
OVERALL SITE PLAN C-1
N
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

COPYRIGHT 2021 THE W-T GROUP, LLC
Las Vegas, NV 89123
SURVEY NOTE:
1 300' 600' 900'
300'
SCALE: 1" = 300'-0" (1" = 150'-0" ON 24"X36" SHEET)
DOGWOOD RD.

FARNSWORTH LN.

IMPORTANT SITE NOTES: 7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood X

X X X X X X
X X
X

X X X X
X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
X

X X X X
X

X X X / //
/ // / //
/ // / // / //
X
X
X
X
X
X

X X X X X X X X X X X X
E(OH)
E(OH)
E(OH)
E(OH)
E(OH)

E(OH) E(OH) E(OH)
E(OH)

E(OH) E(OH) E(OH) E(OH)
X X
X

UGP UGP

SITE PLAN
SITE PLAN C-1.1
N
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

COPYRIGHT 2021 THE W-T GROUP, LLC
Las Vegas, NV 89123
SURVEY NOTE:
1 100' 200' 300'
100'
SCALE: 1" = 100'-0" (1" = 50'-0" ON 24"X36" SHEET)
DOGWOOD RD.

IMPORTANT SITE NOTES: 7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood X
XXX

X X X X X X X X X X X X X X
X
X
X

X X X X X X X X X X
X X

UGP UGP UGP UGP UGP UGP UGP UGP UGP

UGP UGP

ENLARGED

SITE PLAN
C-2
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

ENLARGED SITE PLAN
GENERAL NOTES:

SURVEY NOTE:

COAX NOTE:
1 SCALE: 1/16" = 1'-0" (1/32" = 1'-0" ON 24"X36" SHEET)

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood

ELEVATIONS
C-3
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

EAST ELEVATION
SCALE: 1" = 20'-0" (1" = 10'-0" ON 24"X36" SHEET)

SOUTH ELEVATION
SCALE: 1" = 20'-0" (1" = 10'-0" ON 24"X36" SHEET)
1 2

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood

ELEVATIONS
C-4
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

NORTH ELEVATION WEST ELEVATION
SCALE: 1" = 20'-0" (1" = 10'-0" ON 24"X36" SHEET)
1 2
SCALE: 1" = 20'-0" (1" = 10'-0" ON 24"X36" SHEET)

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood

ANTENNA
PLAN
C-5
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

ANTENNA PLAN
SCALE: 3/16" = 1'-0"
2 NOT USED
SCALE: NONE
1 N
A-2
A-1

CABLE/ANTENNA SCHEDULE
B-2
B-1
C-2
C-1
A-3
B-3
C-3

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood X
X
X
X
X
X

E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) X
XX

X X X X X X X X X X X
X
X

X X X X X X X X

UGP UGP UGP UGP UGP UGP UGP UGP UGP UGP UGP UGP
UGP
E-1
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

OVERALL

UTILITY PLAN

OVERALL UTILITY PLAN
1 20' 40' 60'
20'
SCALE: ######## (1" = 35'-0" ON 24"X36" SHEET)
NOTES AND SPECIFICATIONS: FROM P.O.C. TO METER (600A) FROM METER(200A) TO PPC (200A) N

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood E-2
PROJECT INFORMATION:

CA-0132
SD07889

SOUTH DOGWOOD ROAD
CURRENT ISSUE DATE:

ISSUED FOR:

REV: DATE: ISSUED FOR: BY:

CONSULTANT:

DRAWN BY: CHK: APV:

LICENSER:

SHEET NUMBER: REVISION:SHEET TITLE:
8560 S. Eastern Avenue #220
T: 702.998.1012 F: 702.998.1010
wtengineering.com
©
Engineering with Precision, Pace and Passion.

SINGLE-LINE

DIAGRAM

SINGLE-LINE DIAGRAM
SCALE: NONE
1 WARNING
Electric Arc Flash Hazard
Will cause severe injury
or death
Wear proper protective equipment before opening or
performing diagnostic measurements while energized.
(See NFPA 70E)

PROVIDE APPROVED ARC-FLASH HAZARD

WARNING ON ALL REQUIRED ELECTIRCAL
EQUIPMENT PER NEC 110.16

FAULT CALCULATIONS

FAULT CURRENT
15,433 AIC (L-L)
23,150 AIC (L-N)
NEW (3) 3" U.G. CONDUIT

AND CONDUCTORS PER

UTILITY SPECS

PROPOSED POLE-MOUNTED
TRANSFORMER 100kVA, 120V/240V, 1PH
T-MOBILE U.G. DC POWER

CONDUITS FROM BBU TO SITE
SUPPORT CABINETS. SEE DC

FEEDERS CHART ON THIS

SHEET FOR CONDUCTORS

AND CONDUIT SIZES

ELECTRICAL CONTRACTOR SHALLPROVIDE LABELING OF THE

AVAILABLE FAULT CURRENT FOR
EACH PANEL AS NOTED, PER NEC110.24PANEL 'PPC' SHALL BE

INDEPENDENTLY SERIES RATED WITH

THE MAIN CIRCUIT BREAKER, IF ANY

DISCREPANCY OCCURS, REPORT THE
ISSUE TO THE ARCHITECT.

A TWO TIER (65KA/10KA) SYSTEM IS
SPECIFIED.SEE THE SERIES RATING NOTES,SHEET E-1
200A, 240V
1Ø UTILITY
METER
200A, 240V, 1Ø
N3R 22KAIC

MCB SERVICE RATED
200A2P
#2 CU

MEB,MBJ
N
#2 CUG
GROUND
RING (2) 8'x3/4" CU CLAD

GROUND RODS
MIN. 6' APART
#2 CU
#2 CU
NEW
3 # 3/0, #6
CU GND, 2" C

BTS/SSC
AUX

RECTIFIERS RECTIFIERS

DC RECTIFIERS

BATTERY
INPUT

T-MOBILE BATTERY

EXPANSION CABINET
(BEC)

BATTERY STRING

AC POWER

MAIN INPUT
30A/2P
(PPC) SERVICE RATED,

OVERALL UL LISTED

ALL-IN-ONE POWER
CENTER, N3R. SERIES
RATED 65/10KAIC.
4" C. TO
TELCO
P.O.C.
2" CONDUIT TO OUTDOOR
EQUIPMENT. COORDINATE
QUANTITY OF CAT 6 CABLES.

TELCO SIDE
OF PPC
'PPC'
200A
2P
200A
2P
MECH.INTERLOCKED

SEE PANEL SCHEDULESEE PANEL SCHEDULESEE PANEL SCHEDULESEE PANEL SCHEDULE SEE PANEL

SCHEDULE

FOR NUMBER

OF BREAKERS
N3R, 240V, 200A/2P

APPLETON GENSET

PLUG PER T-MOBILE
NEW
3 #3/0, #6
CU GND, 2.5" C

FAULT CURRENT
11,019 AIC (L-L)10,515 AIC (L-N)

FAULT CURRENT
9,199 AIC (L-L)
7,633 AIC (L-N)

7.b
Attachment: Exhibit B-Site Plans (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Alternative Analysis
Re Sec. 29-263-Alternative analysis required: A search of the surrounding area was performed to find existing verticality or co-location opportunities but none were found that would cover the RF objective for this Wireless Communication Facility which is near the intersection of E. Danenberg Dr. & Dogwood Rd. The search area is indicated in red on the map below under “Inventory of Existing Registered Sites”.

The SAC (site acquisition) was for this search ring was completed in 2018 by J5 Consultants on behalf of Eco-Site. The SAC person was Ryan Douglas who is no longer with J5, according to the Eco Site. We do not have a list of the specific alternate locations evaluated, considered or owners contacted. Eco Site does not have any other SCIP’s (Site Candidate Information Package) for potential candidates in this search ring. Eco Site was bought by Vertical Bridge Development in January 2021. Research of prior records was not successful.

The property was chosen for the proposed project due to its commercial use, the property is surrounded by commercial uses and the property owner was willing to enter into an agreement. The property would meet the intent of the local ordinance for towers. We felt the project would blend best in this location.

The original height of the proposed tower was 120’. The County ordinance restricts the height of towers to 80’. T-Mobile’s RF Engineer reviewed the lower height to avoid a variance. The lower height of 80’ will still communicate and alleviate the use of their other towers in the area which are almost at capacity. With the lower height of 80’, there were no structures within the search area capable of collocation.

As shown below, existing registered and unregistered towers in the City of El Centro and Imperial County were too far away or too short to meet the RF objective.

7.c
Packet Pg. 99
Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page
2 of 12
Tower information from AntennaSearch.com.

7.c
Packet Pg. 100 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 3 of 12
Inventory of Existing Registered Sites:
➢ Crown 827626, 100. Tower – 2.08 miles NE, Imperial County: Tower too far to meet RF objective
➢ Crown 300587, 163’ Tower – 2.27 miles NW, City of El Centro: Tower too far to meet RF objective
➢ Nextel/ Sprint CA5810, - 2.74 miles NW, Imperial County: Tower too far to meet RF objective ➢ Nextel/ Sprint 120’ Pole – 2.37 miles S, Imperial County: Tower too far to meet RF objective Inventory of Existing Unregistered Sites:

7.c
Packet Pg. 101 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 4 of 12
➢ TowerCo/ Sprint Monopalm – 567’ W, Imperial County: insufficient height to meet RF objective ➢ W.S. Erectors - .5 miles NE, Imperial County: no structure detected ➢ Fred W. Volken – 1.8 miles SW, Imperial County: Tower too far to meet RF objective, not colocatable ➢ The Voice of Int’l Christian – 1.8 miles SW, Imperial County: Tower too far to meet RF objective, AM/FM, not co-locatable
➢ Cellco Monopalm – 1.2 miles NW, City of El Centro: Tower too far to meet RF objective, insufficient height available
➢ TowerCo II Monopalm – 1.4 mile NW, City of El Centro: Tower too far to meet RF objective, insufficient height available
➢ KXO Inc – 1.25 miles, City of El Centro: No Tower detected, possible rooftop, too far to meet RF objective
➢ RIO-TEL SST towers – 1.9 miles, Imperial County: Towers too far to meet RF objective ➢ WISE Electronics Guyed Tower – 1.4 miles NE, City of El Centro: Tower too far to meet RF objective

7.c
Packet Pg. 102 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 5 of 12
➢ TowerCo/ Sprint Monopalm – 567’ W, Imperial County: insufficient height to meet RF objective

7.c
Packet Pg. 103 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 6 of 12
➢ W.S. Erectors: - .5 miles NE, Imperial County: no structure detected

7.c
Packet Pg. 104 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 7 of 12
➢ Fred W. Volken & Int’l Christian – 1.8 miles SW, Imperial County: Towers too far to meet RF objective, not co-locatable

7.c
Packet Pg. 105 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 8 of 12
➢ Cellco Monopalm – 1.2 miles NW, City of El Centro: Tower too far to meet RF objective, insufficient height available

7.c
Packet Pg. 106 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 9 of 12
➢ TowerCo II Monopalm – 1.4 mile NW, City of El Centro: Tower too far to meet RF objective, insufficient height available

7.c
Packet Pg. 107 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 10 of 12
➢ KXO Inc – 1.25 miles N, City of El Centro: No Tower detected, possible rooftop, too far to meet RF objective

7.c
Packet Pg. 108 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 11 of 12
➢ RIO-TEL SST towers – 1.9 miles SW, Imperial County: Towers too far to meet RF objective

7.c
Packet Pg. 109 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) page 12 of 12
➢ WISE Electronics Guyed Tower – 1.4 miles N, City of El Centro: Tower too far to meet RF objective

7.c
Packet Pg. 110 Attachment: Exhibit C-Alternative Analysis (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) CA-0132 I South Dogwood Rd
1649 Dogwood Rd
Et Centro. CA 92243
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Disclaimer: This photo simulation is an artisfs depiction of a future installation. The actuat^h^truction may vary slightly in size, layout, color and texture from this simulation.

7.d
Packet Pg. 111
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. \ CA-0132 I South Dogwood Rd
El Centre, OA 92243
Facing Northwest
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7.d
Packet Pg. 112
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. - j.
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7.d
Packet Pg. 113
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S.

CA-0132 / South Dogwood Rd
1549 Dogwood Rd
Ei Centro, CA 92243
Facing Southwest
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13 7.d
Packet Pg. 114
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S.

CA-0132 I South Dogwood Rd
1549 Dogwood Rd
El Centre, OA 92243
Facing Southwest
o

7.d
Packet Pg. 115
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S.

CA-0132 I South Dogwood Rd
1549 Dogwood Rd
El Centro, CA 92243
Facing North
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7.d
Packet Pg. 116
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S.

CA-0132 / South Dogwood Rd
1549 Dogwood Rd
El Centre, OA 92243
Facing North
7^
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Eco-Sit^l PROPOSED
yi^an.artisl's depJ^qr^^a fu'(pre;msfeila^oiir m aabficSKst™cf^^^^ varyjslig from this sirriulation.

7.d
Packet Pg. 117
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S.

CA-0132 I South Dogwood Rd
1549 Dogwood Rd
El Centre, CA 92243
Facing Southeast
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7.d
Packet Pg. 118
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S.

CA-0132 / South Dogwood Rd
1549 Dogwood Rd
El Centre, OA 92243
Facing Southeast
Engneenng < Oestsn • Consulting

7.d
Packet Pg. 119
Attachment: Exhibit D-Photosimulations (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. 02/2022/liz/A22-0026/Reso/CUP21-06/TeleTower/DogwoodAve RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO, CALIFORNIA APPROVING
CONDITIONAL USE PERMIT 21-06 FOR A 85-FOOT
TELECOMMUNICATIONS TOWER AT 3486 S.

DOGWOOD AVENUE
WHEREAS, Vertical Bridge has applied for a Conditional Use Permit for the construction and operation of an 85-foot high telecommunications tower to accommodate cellular communication equipment on property at 3486 S. Dogwood Avenue with APN 054-360-053 (the Project); and
WHEREAS, the proposed use is permitted subject to a conditional use permit pursuant to Section 29-262 of the City Code; and
WHEREAS, at a meeting held on January 11, 2022, the Planning Commission conducted a duly noticed public hearing on the petition for Conditional Use Permit No. 21-06; and WHEREAS, the Planning Commission has recommended to the City Council that it approve said conditional use permit; and
WHEREAS, a legal notice was published on February 4, 2022 in the Imperial Valley Press, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning Conditional Use Permit 21-06, and said notice was mailed to each property owner within a 500-foot radius of the project site in accordance with state law; and
WHEREAS, at such duly noticed public hearing at a regular City Council meeting held on February 15, 2022 in City Council Chambers at 1275 W. Main Street, El Centro, California the City Council heard and considered CUP 21-06; and
WHEREAS, the applicant was present and heard; and
WHEREAS, no one was present to object to the petition nor were any objections filed with the City Council; and
WHEREAS, the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and
WHEREAS, the proposed site is adequate in size and shape to accommodate said use; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA), Section 15332, “In-Fill Development Projects”, and is

7.e
Packet Pg. 120 Attachment: Exhibit E-CUP 21-06 Resolution (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) 02/2022/liz/A22-0026/Reso/CUP21-06/TeleTower/DogwoodAve determined to be exempt from further environmental review requirements contained in CEQA; and
WHEREAS, the conditions as stipulated by the City are necessary to protect the public health, safety, and welfare of the community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. The findings set out above are true and correct.

2. The City Council hereby approves Conditional Use Permit No. 21-06 for the construction and operation of an 85-foot high telecommunications tower to accommodate cellular communication equipment at 3486 S. Dogwood Avenue further described as APN 054-360-053, subject to the listed conditions under Exhibit A and Findings under Exhibit B.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 15th day of February, 2022.

CITY OF EL CENTRO
By______________________________
Tomás Oliva, Mayor
ATTEST:

By _____________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Clerk
By____________________________
Elizabeth L. Martyn, City Attorney

7.e
Packet Pg. 121 Attachment: Exhibit E-CUP 21-06 Resolution (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) 02/2022/liz/A22-0026/Reso/CUP21-06/TeleTower/DogwoodAve

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 22- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By________________________
Norma Wyles, City Clerk

7.e
Packet Pg. 122 Attachment: Exhibit E-CUP 21-06 Resolution (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) 02/2022/liz/A22-0026/Reso/CUP21-06/TeleTower/DogwoodAve

EXHIBIT A

GENERAL COMMENTS

1. The project consists of the construction of an 85-foot high telecommunications tower with the capacity for up to three sets of carrier antennas. Additional improvements include a 21-foot by 90-foot ground level equipment enclosure surrounding the telecommunications tower.

2. The Conditional Use Permit shall be renewed ten (10) years from the City Council date of approval in accordance with Section 29-269(a) of the City Code and Section 65964(b) of the Government Code.

3. The project shall be developed in accordance with the site plan submitted. Project construction shall begin within 180 days from the City Council date of approval.

4. The premises shall be maintained in a good, clean, orderly manner, free of any debris or junk material.

5. In the event that the tower is not operation for continuous period of six months or more, such tower and related equipment shall be deemed abandoned. The owner of the tower shall remove all such items within sixty days following the written notice that a removal is required.

6. The project shall comply with all other applicable State and City regulations, ordinances and resolutions.

PLANNING AND ZONING DIVISION
Architecture and Design

7. All exterior lighting fixtures shall comply with Section 29-149 of the City Code. Lights shall be used for illumination purposes only. Fixtures shall be downward facing and shall be arranged to not reflect light onto abutting roadways. Light poles, if used, shall not exceed 35-feet in height.

Vehicle Access

8. Vehicle access to the equipment enclosure area from Dogwood Avenue shall be by way of a driveway constructed of an all-weather material, designed by a State of California licensed civil engineer and approved by the City of El Centro Engineering Division.

BUILDING DIVISION

9. Four (4) sets of professionally designed plans, are required. Plans shall include underground utilities, foundation, electrical, and plumbing/mechanical plans.

7.e
Packet Pg. 123 Attachment: Exhibit E-CUP 21-06 Resolution (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) 02/2022/liz/A22-0026/Reso/CUP21-06/TeleTower/DogwoodAve

PUBLIC WORKS DEPARTMENT
Grading and Stormwater

10. Site excavation, drilling, or trenching activities shall comply with the City’s Post Construction Best Management Practices related to stormwater regulations.

APPLICANT ACKNOWLEDGMENT
I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.

Print Name and Title
Applicant’s Signature
###

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Packet Pg. 124 Attachment: Exhibit E-CUP 21-06 Resolution (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) 02/2022/liz/A22-0026/Reso/CUP21-06/TeleTower/DogwoodAve

EXHIBIT B
Findings:

1. Proposed use is permitted pursuant to Section 29-262 of the City Code.

2. Proposed use is necessary or desirable for the development of the community, is consistent with the City’s General Plan and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located.

3. Proposed site is adequate in size and shape to accommodate said use.

4. Site for proposed use relates properly to streets, which are designed to carry the type and quantity of traffic to be generated by the proposed use.

5. Conditions as stipulated by the City are necessary to protect the public health, safety, and welfare of the community.

6. No alternative site or design is available that would allow for issuance of a conditional use permit before the administrative committee for the facility.

7. Does not require an RF environmental evaluation report.

8. The facility blends in with its existing environment and will not have significant visual impacts.
###

7.e
Packet Pg. 125 Attachment: Exhibit E-CUP 21-06 Resolution (5418 : CUP 21-06 for Telecommunication Tower at 3486 S. Dogwood Ave.) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Public Hearing
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 5432) DOC ID: 5432
Zoning Variance 21-02 for Telecommunications Tower at 3486 S. Dogwood Avenue
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING ZONING VARIANCE 21-02 ALLOWING

AN INCREASE TO THE MAXIMUM HEIGHT LIMIT FOR A TELECOMMUNICATIONS TOWER AT 3486 S. DOGWOOD AVENUE
FISCAL IMPACT:

Not Applicable
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #6 - Strengthen El Centro’s resilience by diversifying the economy, recruiting new businesses, creating opportunities for business growth, retaining businesses, and maximizing efficiency.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not Applicable
BACKGROUND:

Please refer to Item no. 5418 for discussion regarding this item. A resolution adopting the Zoning Variance 21-02 is attached as Exhibit A.

CONCLUSION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING ZONING VARIANCE 21-02 ALLOWING

AN INCREASE TO THE MAXIMUM HEIGHT LIMIT FOR A TELECOMMUNICATIONS TOWER AT 3486 S. DOGWOOD AVENUE
ATTACHMENTS:
• Exhibit A - ZV 21-02 Resolution (PDF)
8 Packet Pg. 126
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO, CALIFORNIA APPROVING ZONING VARIANCE 21-02

ALLOWING AN INCREASE TO THE MAXIMUM HEIGHT LIMIT FOR
A TELECOMMUNICATIONS TOWER AT 3486 S. DOGWOOD AVENUE
WHEREAS, Vertical Bridge (the Applicant) is proposing the construction and operation of a 85-foot high telecommunications tower to accommodate cellular communication equipment on property at 3486 S. Dogwood Avenue with APN 054-360-053 (the Project); and WHEREAS, the property at 3486 S. Dogwood Drive is within the CG-General Commercial zone and has a maximum height limit of 65-feet; and WHEREAS, the Applicant has applied for Zoning Variance 21-02 allowing an increase to the CN-Neighborhood Commercial zone maximum height limit of 65-feet to 85-feet for the proposed telecommunications tower associated with Conditional Use Permit 21-06; and WHEREAS, the provisions of state and federal law generally supersede City regulation of cell tower heights based upon a public policy determination that it is a matter of statewide interest to provide additional and improved cell coverage and 5G; and WHEREAS, at a meeting held on January 11, 2022, the Planning Commission conducted a duly noticed public hearing on the petition for Zoning Variance 21-02; and WHEREAS, the Planning Commission has recommended to the City Council that it approve said Zoning Variance; and
WHEREAS, a legal notice was published on February 4, 2022 in the Imperial Valley Press, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning Zoning Variance 21-02, and said notice was mailed to each property owner within a 500-foot radius of the project site in accordance with state law; and WHEREAS, at such duly noticed public hearing at a regular City Council meeting held on February 15, 2022 in City Council Chambers at 1275 W. Main Street, El Centro, California the City Council heard and considered Zoning Variance 21-02; and WHEREAS, the applicant was present and heard; and
WHEREAS, no one was present to object to the petition nor were any objections filed with the City Council; and
WHEREAS, there are special circumstances applicable to the project at 3486 S. Dogwood Avenue with APN 054-360-053 that would deprive them of privileges enjoyed by other properties in the vicinity and under identical zoning classifications; and 02/2022/liz/A22-0026/Reso/ZV21-02/TeleTower/DogwoodAve

8.a
Packet Pg. 127 Attachment: Exhibit A - ZV 21-02 Resolution (5432 : Zoning Variance 21-02 for Telecommunications Tower at 3486 S. Dogwood Avenue) 02/2022/liz/A22-0026/Reso/ZV21-02/TeleTower/DogwoodAve
WHEREAS, the request to grant a variance to the project at 3486 S. Dogwood Avenue would not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity and zone in which the subject properties are situated; and WHEREAS, the request to grant a variance to the project at 3486 S. Dogwood Avenue would not be materially detrimental to the public health, safety, convenience and welfare and is required by state and federal law; and
WHEREAS, the request to grant a variance to the project at 3486 S. Dogwood Avenue would not adversely affect the City’s General Plan; and WHEREAS, the project is exempt from formal environmental review pursuant to Section 15332 of the CEQA Guidelines, as amended; and
WHEREAS, the City Council accepts the report of the Community Development Department-Planning and Zoning Division including the findings, recommendations, and conditions as set forth therein; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. The findings set out above are true and correct.

2. The City Council hereby approves Zoning Variance No. 21-02 for an increase of the maximum height limit to 85 feet for the proposed telecommunications tower associated with Conditional Use Permit 21-06 proposed to be located at 3486 S. Dogwood Avenue.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 15th day of February, 2022.

CITY OF EL CENTRO
By______________________________
Tomás Oliva, Mayor
ATTEST:

By _____________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Clerk

8.a
Packet Pg. 128 Attachment: Exhibit A - ZV 21-02 Resolution (5432 : Zoning Variance 21-02 for Telecommunications Tower at 3486 S. Dogwood Avenue) 02/2022/liz/A22-0026/Reso/ZV21-02/TeleTower/DogwoodAve
By____________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By________________________
Norma Wyles, City Clerk

8.a
Packet Pg. 129 Attachment: Exhibit A - ZV 21-02 Resolution (5432 : Zoning Variance 21-02 for Telecommunications Tower at 3486 S. Dogwood Avenue) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: City Attorney's Office
El Centro, CA 92243 Category: Agreement
Prepared By: Norma Wyles
SCHEDULED Department Head: Marcela Piedra
ACTION ITEM (ID # 5430) DOC ID: 5430
DACA Waiver Agreement Approval
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY OF

THE WAIVER GRANTED BY THE BENEFICIAL OWNER AND THE TRUSTEE WITH

RESPECT TO CERTAIN BOND COVENANTS
FISCAL IMPACT:

N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

As explained in the Resolution, El Centro Regional Medical Center, the City and the El Centro Financing Authority (the “Authority”), entered into certain bond documents and agreements relating to the issuance of the Authority’s $125,000,000 Hospital Revenue Refunding Bonds (El Centro Regional Medical Center Project), Series 2018 (the “Bonds”).

The Bond documents and agreements include, without limitation, the Installment Purchase Agreement (the “IPA”) and the Trust Agreement, both dated as of April 1, 2018, (collectively, the “Bond Agreements”). Pursuant to Section 4.03 of the IPA, the Medical Center is required to execute and deliver a Deposit Account Control Agreement no later than June 30, 2018 (the “DACA- Related Covenants”).

Because the Medical Center has been unable to satisfy the DACA-Related Covenants, the Trustee and the Beneficial Owner agreed to waive the exercise of their rights and remedies under the Bond Agreements with respect to the DACARelated Covenants for fiscal years ended June 30, 2019, 2020, and 2021, and entered into agreements with the Medical Center (called the first and second Forbearance Agreements) under which the Trustee and the Beneficial Owner waived such rights and remedies, for fiscal years ended June 30, 2019 and 2020.

Currently, all of ECRMC’s payors (government and private) direct receivables into the same Wells Fargo - ECRMC bank account. In order to implement a DACA, Wells Fargo requires that the funds initially be deposited by payors into different ECRMC accounts, depending on whether the source of funds is the government 9 Packet Pg. 130
Action Item (ID # 5430) Meeting of February 15, 2022
or private payors. The DACA cannot apply to the account where the government payor receivables are initially received. However, the DACA can be applied to a different account into which all the receivables (government and private) are swept on a daily or other regular basis.

Federal anti-pledge regulations prohibit Medicare and Medicaid receivables from being pledged on a standard DACA. Wells Fargo takes the position that, unless the initial receipt of payor funds are directed to new accounts, it is unlawful for them to execute a DACA on the Operating Account. Therefore, since 2018, ECRMC has been unable to execute a DACA which technically is a violation of the bond covenants which could lead to a default on the bonds. The City and Financing Authority also are required to approve the Waiver.

DISCUSSION:

It has not been possible for ECRMC to open a DACA with its current bank, Wells Fargo and it is unclear when that may occur.

Therefore, the Medical Center has requested that the Trustee and the Beneficial Owner waive the exercise of their rights and remedies under the Bond Agreements with respect to the DACA-Related Covenants for the fiscal year ended June 30, 2022, and enter into a written waiver with the Medical Center under which the Trustee and the Beneficial Owner waive such rights and remedies for the waiver period from July 1, 2021, through June 30, 2022. The “forbearance” document now is called the “Waiver” and is attached as Exhibit A to the Resolution.

The Board of ECRMC approved the Waiver at its January 24, 2022 Board meeting.

CONCLUSION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY OF

THE WAIVER GRANTED BY THE BENEFICIAL OWNER AND THE TRUSTEE WITH

RESPECT TO CERTAIN BONS COVENANTS
ATTACHMENTS:
• EC - DACA materials 2022 (DOCX)
9 Packet Pg. 131
02/2022/liz/A22-0031/Reso/DACA-City
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA APPROVING THE EXECUTION AND

DELIVERY OF THE WAIVER GRANTED BY THE

BENEFICIAL OWNER AND THE TRUSTEE WITH RESPECT

TO CERTAIN BOND COVENANTS
WHEREAS, El Centro Regional Medical Center (the “Medical Center”), the City of El Centro (the “City”), and the El Centro Financing Authority (the “Authority”), entered into certain bond documents and agreements relating to the issuance of the Authority’s Hospital Revenue Refunding Bonds (El Centro Regional Medical Center Project), Series 2018 (the “Bonds”); WHEREAS, the Bond documents and agreements include, without limitation, the Installment Purchase Agreement (the “IPA”) and the Trust Agreement, both dated as of April 1, 2018, ( collectively, the “Bond Agreements”);
WHEREAS, pursuant to Section 4.03 of the IPA, the Medical Center is required to execute and deliver a Deposit Account Control Agreement no later than June 30, 2018 (the “DACARelated Covenants”); WHEREAS, because the Medical Center has been unable to satisfy the DACA-Related Covenants, the Trustee and the Beneficial Owner agreed to waive the exercise of their rights and remedies under the Bond Agreements with respect to the DACA-Related Covenants for fiscal years ended June 30, 2019, 2020, and 2021, and entered into agreements with the Medical Center under which the Trustee and the Beneficial Owner waived such rights and remedies, which, (1) agreements, as to the fiscal years ended June 30, 2019 and 2020, were entitled “Forbearance Agreement” and (2) agreement, as to the fiscal year ended June 30, 2021, was entitled “Waiver”; WHEREAS, the Medical Center has requested that the Trustee and the Beneficial Owner waive the exercise of their rights and remedies under the Bond Agreements with respect to the DACA-Related Covenants for the fiscal year ended June 30, 2022, and enter into a written waiver with the Medical Center under which the Trustee and the Beneficial Owner waive such rights and remedies for the waiver period from July 1, 2021, through June 30, 2022, and the Trustee and Beneficial Owner have agreed to enter into such written waiver (the “Waiver”), a copy of which Waiver, in final form, has been provided to the Board of Trustees and attached hereto; and WHEREAS, the City Council has reviewed and desiresto (i) approve the Waiver as and (ii) authorize the execution and delivery of the Waiver by the City Manager.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO HEREBY RESOLVES AS FOLLOWS:

1. That the foregoing is true, correct and adopted hereby.

2. The (i) the Waiver, in the form set out as Exhibit A, hereby is approved.

3. The City Manager hereby authorized and directed to execute and deliver the Waiver and to take any and all other necessary steps to implement this Resolution.

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Packet Pg. 132 Attachment: EC - DACA materials 2022 (5430 : DACA Waiver Agreement Approval) 02/2022/liz/A22-0031/Reso/DACA-City
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022.

CITY OF EL CENTRO
By: _
Tomas Oliva, Mayor
ATTEST:

By:

Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By:

Elizabeth Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, do hereby certify that the foregoing Resolution No. 22- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By:

Norma Wyles, City Clerk

9.a
Packet Pg. 133 Attachment: EC - DACA materials 2022 (5430 : DACA Waiver Agreement Approval) 02/2022/liz/A22
-0031/Reso/DACA-City
Exhibit A

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Packet Pg. 134 Attachment: EC - DACA materials 2022 (5430 : DACA Waiver Agreement Approval) -1-
WAIVER
THIS WAIVER (this “Waiver”), dated effective as of June 30, 2021, is entered into and executed by and among the City of El Centro, a municipal corporation duly organized and existing under and by virtue of the laws of the State of California (the “City”), El Centro Regional Medical Center, a municipal hospital, separate agency and enterprise operation of the City duly organized and existing under and by virtue of the laws of the State of California (the “Medical Center”), the El Centro Financing Authority, a public entity duly organized and existing as a joint exercise of powers authority under and by virtue of the laws of the State of California (the “Authority” and, together with the City and the Medical Center, the “El Centro Parties”), MUFG Union Bank, N.A., as trustee under the Trust Agreement (as defined below) (the “Trustee”), and Preston Hollow Capital, LLC, the sole Beneficial Owner as defined by the Trust Agreement (the “Beneficial Owner”).

W I T N E S S E T H:

WHEREAS, pursuant to the Trust Agreement, dated as of April 1, 2018 (the “Trust Agreement”), by and between the Authority and the Trustee, the Authority issued a $125,000,000 El Centro Financing Authority Hospital Revenue Refunding Bond (El Cento Regional Medical Center Project) Series 2018 registered in the nominee name of the Depository and beneficially owned by the Beneficial Owner (the "Bonds");
WHEREAS, pursuant to Section 4.03 of the Installment Purchase Agreement, dated as of April 1, 2018 (the “IPA” and, together with the Trust Agreement, the “Bond Agreements”), by and among the City, the Medical Center and the Authority, the Medical Center is required to execute and deliver a Deposit Account Control Agreement no later than June 30, 2018 (the “DACA-Related Covenants”);
WHEREAS, pursuant to Section 8.01(c) of the IPA, the failure of the Medical Center to observe or perform certain covenants, conditions, agreements or provisions in the IPA, including the DACA-Related Covenants, may result in a Purchase Agreement Default under the IPA under certain circumstances (none of which have occurred as of the effective date hereof); WHEREAS, pursuant to Section 7.01(d) of the Trust Agreement, a Purchase Agreement Default under the IPA shall be considered an Event of Default under the Trust Agreement; WHEREAS, the Trustee and the Beneficial Owner have certain rights which may accrue to them upon the occurrence of a Purchase Agreement Default under the IPA or an Event of Default under the Trust Agreement;
WHEREAS, the Medical Center reasonably believed that it would not be able to satisfy the DACA-Related Covenants by June 30, 2018, and therefore the parties entered into a Forbearance Agreement dated as of June 30, 2018 (the “First Prior Forbearance Agreement”),pursuant to which (1) the Beneficial Owner and the Trustee agreed to forbear from exercising theirrights and remedies under the Bond Agreements for a forbearance period to end on the earlier of June 30, 2019, or the date on which the Medical Center failed to perform any term of the First Prior Forbearance Agreement; and (2) the Medical Center agreed to take steps to comply with the DACA-Related Covenants;

9.a
Packet Pg. 135 Attachment: EC - DACA materials 2022 (5430 : DACA Waiver Agreement Approval) -2-
WHEREAS, subsequent to the execution of the First Prior Forbearance Agreement, the Medical Center advised the Beneficial Owner and Trustee that it reasonably believed it would not be able to satisfy the DACA-Related Covenants by June 30, 2019, and therefore the parties agreed to and did enter into a second Forbearance Agreement dated as of June 30, 2019 (the “Second Prior Forbearance Agreement”), pursuant to which (1) the Beneficial Owner and the Trustee agreed to forbear from exercising their rights and remedies under the Bond Agreements for a forbearance period to end on the earlier of June 30, 2020, or the date on which the Medical Center failed to perform any term of the Second Prior Forbearance Agreement; and (2) the Medical Center agreed to take steps to comply with the DACA-Related Covenants; WHEREAS, subsequent to the execution of the Second Prior Forbearance Agreement, the Medical Center advised the Beneficial Owner and Trustee that it reasonably believed it would not be able to satisfy the DACA-Related Covenants by June 30, 2020, and therefore the parties agreed to and did enter into a Waiver dated as of June 30, 2020 (the “First Prior Waiver”), pursuant to which (1) the Beneficial Owner and the Trustee agreed to waive the exercise of their rights and remedies under the Bond Agreements for a waiver period to end on the earlier of June 30, 2021, or the date on which the Medical Center failed to perform any term of the First Prior Waiver; and (2) the Medical Center agreed to take steps to comply with the DACA-Related Covenants; WHEREAS, the Medical Center has advised the Beneficial Owner and Trustee it reasonably believes that it will not be able to satisfy the DACA-Related Covenants of the First Prior Waiver by June 30, 2021;
WHEREAS, the failure by the Medical Center to satisfy the DACA-Related Covenants by June 30, 2021, may result in a Purchase Agreement Default and/or an Event of Default under the Trust Agreement (the “Specified Default”); and
WHEREAS, the El Centro Parties have requested that the Trustee and the Beneficial Owner waive the exercise of their rights and remedies arising as a result of the occurrence of the Specified Default until June 30, 2022, in order to allow the Medical Center additional time to satisfy the DACA-Related Covenants, and the Trustee and the Beneficial Owner are willing to grant such waiver subject to the terms and conditions of this Waiver.

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

PART I

DEFINITIONS
SUBPART 1.1 Certain Definitions. Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings ascribed thereto in the Bond Agreements.

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PART II

AFFIRMATION AND CONSENT
SUBPART 2.1 Affirmation and Consent. Each of the El Centro Parties restates, ratifies and reaffirms each and every term and condition set forth in the Bond Agreements, effective as of the date hereof, after giving effect to this Waiver.

PART III
WAIVER; COVENANTS
SUBPART 3.1 Waiver.
(a) Subject to compliance by the El Centro Parties with the terms and conditions of this Waiver, the Beneficial Owner and the Trustee, at the direction of the Beneficial Owner which is hereby given, agree to waive the exercise of their rights and remedies under the Bond Agreements arising from the Specified Defaults during the period (the “Waiver Period”) commencing on the date hereof and ending on the earlier to occur of (i) June 30, 2022, and (ii) the date on which any Termination Event (as defined below) occurs (the “Termination Date”).

Notwithstanding the foregoing, the waiver granted by the Trustee and the Beneficial Owner pursuant hereto shall not constitute and shall not be deemed to constitute a waiver of any other Purchase Agreement Default or other Event of Default under the Trust Agreement. On and after the Termination Date, the Trustee’s and the Beneficial Owner’s waiver hereunder shall terminate automatically without further act or action by the Trustee or the Beneficial Owner. (b) The term “Termination Event” shall mean the occurrence of any of the following: (i) the Medical Center shall fail to perform, observe, or comply timely with any covenant, agreement, or term contained in this Waiver or (ii) any Purchase Agreement Default or Event of Default under the Trust Agreement, other than the Specified Default, or a default under this Waiver.

SUBPART 3.2 Covenants of the Medical Center. In order to induce the Trustee and the Beneficial Owner to enter into this Waiver, the Medical Center hereby covenants and agrees that at all times during the Waiver Period, unless the Trustee and the Beneficial Owner otherwise consent in writing, the Medical Center will perform, observe, and comply with each of the following covenants:
(a) DACA-Related Matters. The Medical Center shall use its commercially reasonable efforts to take all actions necessary to ensure compliance with the DACA-Related Covenants before June 30, 2022. Following reasonable consultation and discussion with the Beneficial Owner, such actions of the Medical Center shall include, to the extent necessary, (i) engaging a qualified banking institution to provide banking and cash management services to the Medical Center and to facilitate the implementation of a DACA as required under the DACARelated Covenants, the selection of which banking institution shall be subject to the approval and consent of the Beneficial Owner, such approval and consent not to be unreasonably withheld, conditioned, or delayed; (ii) establishing one or morenew collection accounts for the purpose of receiving Gross Revenues; (iii) notifying

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Packet Pg. 137 Attachment: EC - DACA materials 2022 (5430 : DACA Waiver Agreement Approval) -4-
all of the Medical Center’s Third Party Payors of new payment instructions for such collection accounts; and (iv) otherwise taking all actions necessary to ensure compliance with the DACA-Related Covenants before June 30, 2022. For purposes of this Waiver, the following terms shall have the meanings set forth below:
(i)“Client Bill Payor” means any pathologist, oncologist, or other medical or healthcare service provider through whom diagnostic services provided by the El Centro Parties are billed.
(ii)“Government Payor” means any governmental entity, authority, instrumentality, or subdivision, or intermediary thereof, responsible for payment of diagnostic, healthcare, or medical services under Medicare, Medicaid, TRICARE, CHAMPVA, or any other
governmental program or other private commercial insurance managed care and employee assistance program.
(iii)“Third Party Payor” means any Government Payor, Client Bill Payor, insurance company, health maintenance organization, professional provider organization or similar public or private entity that is obligated to make payments for medical services provided by the El Centro Parties.
(b) Further Assurances. Promptly upon the request of the Trustee or the Beneficial Owner, the Medical Center shall take any and all actions of any kind or nature whatsoever, and execute and deliver additional documents, that relate to this Waiver and the transactions contemplated herein.

PART IV

MISCELLANEOUS
SUBPART 4.1 Cross-References. References in this Waiver to any Part or Subpart are, unless otherwise specified, to such Part or Subpart of this Waiver.

SUBPART 4.2 Instrument Pursuant to Bond Agreements. This Waiver is executed in connection with the Bond Agreements and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with the terms and provisions of the Bond Agreements.

SUBPART 4.3 Representations and Warranties of the El Centro Parties. Each El Centro Party hereby represents and warrants that (a) it has the requisite power and authority to execute, deliver and perform this Waiver, (b) it is duly authorized to, and has been authorized by all necessary action, to execute, deliver and perform this Waiver, and (c) after giving effect to this Waiver, no Purchase Agreement Default exists under the IPA and no Event of Default exists under the Trust Agreement, in each case, on and as of the date hereof.

SUBPART 4.4 Counterparts. This Waiver may be executed by the parties hereto in several counterparts, each of which shall be deemed to be an original and all of which shall constitute together but one and the same agreement. Delivery of executed counterparts of this Waiver by

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telecopy or other electronic transmission shall be effective as an original and shall constitute a representation that an original will be delivered.

SUBPART 4.5 Full Force and Effect; Limited Amendment. Except as expressly amended or waived hereby, all of the representations, warranties, terms, covenants, conditions and other provisions of the Bond Agreements shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The waiver set forth herein shall be limited precisely as provided for herein to the provisions expressly provided herein and shall not be deemed to be an amendment to, waiver of, consent to, or modification of, any other term or provision of the Bond Agreements or of any transaction or further or future action on the part of any El Centro Party which would require the consent of the Trustee or the Beneficial Owner under the Bond Agreements.

SUBPART 4.6 Acknowledgement. Each of the El Centro Parties hereby acknowledges its respective obligations under the Bond Agreements, which shall continue in full force and effect following the date of this Waiver in accordance with their terms.

SUBPART 4.7 Governing Law and Waiver of Jury Trial. The provisions of Section 10.03 and 10.04 of the IPA are hereby incorporated by reference, mutatis mutandis, as if originally made a part hereof.

SUBPART 4.8 Successors and Assigns. This Waiver shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

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Each of the parties hereto has caused a counterpart of this Waiver to be duly executed and delivered effective as of the date first above written.

City of El Centro
By:

Name: Marcela Piedra
Title: City Manager
El Centro Regional Medical Center
By:_
Name: Adolphe Edward
Title: Chief Executive Officer
El Centro Financing Authority
By:_
Name: Marcela Piedra
Title: Executive Director
MUFG Union Bank, N.A. , as Trustee
By:

Name:

Title:

Preston Hollow Capital, LLC
By:_
Name:

Title: Managing Director
- Signature Page to Waiver -

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Packet Pg. 140 Attachment: EC - DACA materials 2022 (5430 : DACA Waiver Agreement Approval) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Policy
Prepared By: Stacy Mendoza
SCHEDULED Department Head: Adriana Nava
RESOLUTION (ID # 5326) DOC ID: 5326
Adoption of First Responders Park Honor Wall Guidelines CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO ADOPTING FIRST RESPONDERS PARK HONOR WALL

GUIDELINES
FISCAL IMPACT:

There is no fiscal impact to the City’s General Fund. This action establishes the policy only. Future engravings will be paid by the applicant.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4 Recreation and Lifelong Learning
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

In July 2020, the City of El Centro completed construction of the First Responder’s Park located at 1910 N. Waterman Avenue. Located on the north end of the park is a wall constructed to honor Imperial County First Responders. The objective of the First Responders Honor Wall is to honor the brave individuals who have dedicated their lives to protect and save the lives of others in Imperial County.

DISCUSSION:

The draft Policy Statement attached to this report discusses in detail the process an applicant must follow to have an honoree included on the wall. The submittal requirements include a completed and signed application that includes a certification that the honoree meets the eligibility requirements. Applications will be processed on a first-come, first served basis and will continue until all available wall locations have been filled.

In an attempt to ensure the integrity of the wall, the following eligibility requirements have been incorporated into the policy guidelines.
• Applicant meets the definition of a first responder, which includes:
o A peace officer, as defined in Section 830 of the Penal Code. o A firefighter, as defined in Section 50925.
o A paramedic, as defined in Section 1797.84 of the Health and Safety 10 Packet Pg. 141
Resolution (ID # 5326) Meeting of February 15, 2022
Code.
o An emergency medical technician, as defined in Sections 1797.80 and 1797.82 of the Health and Safety Code.
o A public safety dispatcher or public safety telecommunicator. For the purposes of this paragraph, “public safety dispatcher or public safety telecommunicator” means an individual employed by a public safety agency, as the initial first responder, whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who promotes from this position and supervises individuals who perform these functions.
• The honoree shall have completed his/her service as a First Responder by one of the following means:
o Retired in good standing
o Died while still employed in an eligible position and in good standing o Died in the line of duty
The Community Services Department - Economic Development Division will be administering the program and will work with a local monument company to ensure all engravings are consistent with the City’s desired aesthetic.

CONCLUSION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO ADOPTING FIRST RESPONDERS HONOR WALL GUIDELINES ATTACHMENTS:
• Resolution approving Guidelines (PDF)
• First Responders Wall Policy approved by Legal (PDF)
10 Packet Pg. 142
12/2021/A21-0254/Reso/Policy
FirstRespParkWallHonorGuidelines 1
RESOLUTION NO. 22 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO ADOPTING FIRST RESPONDERS PARK

HONOR WALL GUIDELINES
WHEREAS, the City Council of the City of El Centro, California wishes to establish guidelines to govern the First Responders Park Honor Wall, which has been created to honor the brave men persons who have dedicated their lives to protect and save the lives of others in Imperial County; and
WHEREAS, the Community Enhancement Task Force has discussed and developed the First Responders Park Honor Wall Guidelines to establish a framework for eligible individuals to be included on the wall; and
WHEREAS, it is important that prospective applicants adhere to the First Responders Park Honor Wall Guidelines, attached and incorporated as Exhibit “A” to ensure the best possible outcome for administering the Wall; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the First Responders Park Wall Guidelines Policy Statement, a copy of which is in the office of the City Clerk, is hereby adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2022.

CITY OF EL CENTRO
By _____________________
Tomas Oliva, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk

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Packet Pg. 143 Attachment: Resolution approving Guidelines (5326 : First Responders Wall Policy Statement) 12/2021/A21-0254/Reso/Policy
FirstRespParkWallHonorGuidelines 2
APPROVED AS TO FORM:

Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 22- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

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Packet Pg. 144 Attachment: Resolution approving Guidelines (5326 : First Responders Wall Policy Statement)

CITY OF EL CENTRO

POLICY STATEMENT
Policy Statement No: Adopted:

Category: General Revised:

Subject: First Responders Honor Wall Guidelines Distribution:

I Purpose
The City of El Centro wishes to honor the brave persons who have dedicated their lives to protect and save the lives of others in Imperial County. As part of this commitment, the First Responders Honor Wall has been established.

II Policy
CONTACT INFORMATION:

The First Responders Honor Wall is located within the First Responders Park at 1910 N.

Waterman Avenue, El Centro, California. For more information on purchasing an engraving, please contact the Community Services Economic Development Division at (760) 337-4543 or by e-mail at [email protected].

DEFINITIONS:

First Responder - An employee of any federal, state, or a local public agency who provides emergency response services, including any of the following:
(1) A peace officer, as defined in Section 830 of the Penal Code. (2) A firefighter, as defined in Section 50925.
(3) A paramedic, as defined in Section 1797.84 of the Health and Safety Code. (4) An emergency medical technician, as defined in Sections 1797.80 and 1797.82 of the Health and Safety Code.
(5) A public safety dispatcher or public safety telecommunicator. For the purposes of this paragraph, “public safety dispatcher or public safety telecommunicator” means an individual employed by a public safety agency, as the initial first responder, whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who promotes from this position and supervises individuals who perform these functions.

Line of Duty – Any action which is required or authorized by law, rule, regulation, condition of employment, or for which compensation is provided by the employing

10.b
Packet Pg. 145 Attachment: First Responders Wall Policy approved by Legal (5326 : First Responders Wall Policy Statement) agency; and which is directly related to the protection of life and/or property of the citizens of Imperial County or the preservation of public order within Imperial County.

The term “Line of Duty” is not intended to be synonymous with “On Duty”. This definition is intended to include “line of duty” activities which may have occurred while the potential Honoree was in an “off duty” status. An “off duty” employee responding to a fire, an armed robbery, an escape or an injured person would be considered to be engaged in “line of duty” activities.

Died in the Line of Duty – death occurs as a direct and proximate result of a personal injury sustained while engaged in a “line of duty” activity, or which arose out of and as a result of such person’s performance of a “line of duty” activity.

Deaths caused by infectious disease contracted while performing line of duty activities or exposure to hazardous materials or conditions while performing line of duty activities are eligible for consideration.

Not included under this definition are deaths attributed to natural causes, except when the medical condition arises out of a specific line of duty activity. Also not included under this definition are deaths which occur while engaged in an illegal activity, deaths attributed to voluntary alcohol or controlled substance abuse, deaths caused by gross negligence or misconduct, and deaths caused by the deceased’s intention to bring about his or her own death.

Retiree or Deceased First Responder in Good Standing - An employee in good standing is regarded as having complied with all their explicit obligations, while not being subject to any form of sanction, suspension or disciplinary censure.

III Procedures
The wall engravings will be done for the First Responder’s Wall once per year in celebration of National First Responders Day on October 28th. All applications and full payment must be received no later than six weeks prior to October 28th each year.

All First Responders Wall engravings will be done on granite plaques and are a standard size of approximately 7” x 15”. After the engraving is done, the plaque will be adhered to the wall in a manner that deters theft. Each purchased engraving will include three lines of text. The first line of text will include the name of the honoree (can include rank if space permits). The format of the name will be first name, middle initial (if desired), and last name. The second line of text will include the Imperial County agency the honoree worked for. If the honoree has worked for multiple agencies, that person will have the option to select which Imperial County agency is listed. The third line is for open text and subject to prior written approval by the City of El Centro. Examples include years of service, type of first responder (ex. Police Officer, Dispatcher, Fire Fighter, etc.), special teams, etc.

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Packet Pg. 146 Attachment: First Responders Wall Policy approved by Legal (5326 : First Responders Wall Policy Statement) All text will be reviewed by the engraving company. It is estimated that up to a maximum of 18 spaces can be accommodated. This is contingent on the lettering involved in the engraving. For example, text including the letters I, L, and T takes up less space than text with W’s and M’s. All engravings will be done in Helvetica bold font.

There will be no exceptions to the font.

The following is an example of a First Responder’s Wall engraving including all three lines of text.

Jane Doe
El Centro Police
Dispatcher 1988-2008

The First Responder’s Wall will include individual spaces for honoring both our living and deceased First Responders. They will be sold on a first-come first-served basis. The spaces will be sold beginning in the top left corner of the monument wall and sales will proceed from left to right, top to bottom until spaces have been sold. Spaces remain available for purchase until the City receives a completed application and payment in full for the given space. All payments are non-refundable once the design of the space has begun by the engraving company.

The City will provide an engraving “proof” to the purchaser for their approval. The City is not responsible for any errors that have been approved by purchaser. Applicants are encouraged to review your proof carefully. The City will only accept signed approval from the person who purchased the engraving.

The cost of an engraving shall be determined based upon installation cost and may be revised from time to time.

IV Guidelines
ELIGIBLE HONOREES are First Responders as defined about :

California Assembly Bill (AB) 1945 defines first responders as “an employee of the state or local public agency who provides emergency response services, including a peace 7”
15”

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Packet Pg. 147 Attachment: First Responders Wall Policy approved by Legal (5326 : First Responders Wall Policy Statement) officer, firefighter, paramedic, emergency medical technician, public-safety dispatcher or public-safety telecommunicator. For purposes of this First Responder’s Honor Wall, the City of El Centro will expand the eligibility to federal and private employees who meet the remainder of the above description.

The honoree shall have completed their service as a First Responder by one of the following means:
• Retired in good standing
 Shall have served a minimum of 15 years as a First Responder; and  No less than 50% of their First Responder career shall have been served at an agency in the Imperial County Imperial; or
 Shall have retired in good standing as a First Responder from an Imperial County agency.
• Died while still employed in an eligible position and in good standing  No less than 50% of their First Responder career shall have been served at an agency in the Imperial County.
• Died in the line of duty
 Shall have served at least 50% of their First Responder career at an agency in the County of Imperial; or
 Died in the line of duty while working for and agency in Imperial County.

V Authorization
The City will not permit any items to be affixed or applied to the engravings by any persons, including the honoree or purchaser of the engraving.

Once the engraving has been done, the City is not responsible for any damages that may occur to the engraving either from vandalism, weather, theft, or other circumstances.

VI Prohibited Use
The City of El Centro intends to honor all applications that meet eligibility requirements.

If the applicant is different than the person being honored, and the honoree is still living, it will be necessary for the honoree to sign the engraving proof acknowledging their consent to have their name affixed to the First Responders Honor Wall.

V Implementation and Interpretation
These Guidelines shall be implemented and interpreted by the City Manager/Community Services Director or designee.

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Packet Pg. 148 Attachment: First Responders Wall Policy approved by Legal (5326 : First Responders Wall Policy Statement) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Resolution
Prepared By: Marcela Piedra
SCHEDULED Department Head: Marcela Piedra
ACTION ITEM (ID # 5389) DOC ID: 5389
Discussion and necessary action regarding approval of
COVID-19 Vaccination and Testing Policy
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 22- , Resolution of the City Council of the City of El Centro, California Establishing and Adopting a COVID-19 Vaccination or Testing Policy for Current and Future City Employees
FISCAL IMPACT:

Anticipate personnel and supplies costs associated with the implementation of the policy.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal No. 1 - Financial & Governance Stability and Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not applicable.

BACKGROUND:

The City has been in the midst of the COVID-19 pandemic for the past two years. In that time, the Council and staff have taken all possible actions to keep employees safe while keeping the City open and providing services. This has become even more challenging with the highly contagious and widespread omicron variant. Approximately a year ago, vaccines became available to prevent or mitigate the effects of the virus. The City, along with federal, state and local health officials, has provided information to employees regarding vaccination, which now is widely available and free. In October and November, 2021, the City provided a vaccine incentive to encourage, rather than force, employees to be vaccinated. The City now has an 81% vaccination rate, but continues to experience a significant number of cases of the virus, including the most recent omicron variant.

In addition to protecting employee health and well-being, employees who are ill or those required to quarantine are not available to perform essential services. For those reasons, as set out in the Resolution, the City has prepared the attached Vaccination and Testing Policy.

DISCUSSION:

The City Council understands that not all employees wish to be vaccinated. However, the City Council has determined it is necessary for the good of the City, its employees and vital operations to adopt this Policy to require that employees either be vaccinated or regularly tested. Vaccination is not required when weekly (or more frequent) testing is done. The El Centro Fire Department is prepared to provide the testing as required by the Policy, generally during working time. This Policy also provides for requests for 11 Packet Pg. 149
Action Item (ID # 5389) Meeting of February 15, 2022
exemption from testing on religious or medical grounds. The Policy’s implementation will be done administratively by the Human Resources Director with the consent of the City Manager. The Human Resources Director will develop guidelines for implementation of the Policy, specifically including those for testing procedures.

The City has begun the process of meeting and conferring with its labor organizations regarding the impacts of the Policy, and will continue to do so.

The City Manager and majority of City Department Directors support the adoption of this Policy for the overall good of the City and its operations. Department Directors understand that they will be called upon to enforce this Policy.

To the extent that this Policy may be changed by evolving law or case law, it will be amended or its implementation revised.

CONCLUSION:

The City Manager, with majority support of City Department Directors, recommends the adoption of the COVID-19 Vaccination and Testing Policy.

ATTACHMENTS:
• Resolution Approving COVID Vaccine and Testing Policy (PDF) • Covid Vaccine and Testing Policy (PDF)
11 Packet Pg. 150
02/2022/liz/A22-0019/Reso/CovidTestingPolicy
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EL CENTRO, CALIFORNIA

ESTABLISHING AND ADOPTING
A COVID-19 VACCINATION OR TESTING POLICY FOR

CURRENT AND FUTURE CITY EMPLOYEES
WHEREAS, for the past two years, the City has experienced the COVID-19 pandemic which still continues; and
WHEREAS, unfortunately, the Imperial County Public Health Department indicates that COVID-19 infection and transmission rates remain high; and WHEREAS, there is significant evidence that vaccination prevents or lessens the impacts of COVID-19, and
WHEREAS, the Centers for Disease Control (CDC) and the California Department of Public Health (CDPH) and local health officials have indicated that COVID-19 continues to pose a risk, especially to unvaccinated and not fully vaccinated individuals, and advise that specific safety measures remain necessary to protect against COVID-19 cases and deaths; and
WHEREAS, experts have stated that continued increase in the vaccination rate is vital to stem the recent rapid increase in COVID-19 transmission, WHEREAS, in many cases authorized vaccines have proven safe and effective at preventing severe outcomes from COVID-19 and such vaccines are widely available; and
WHEREAS, in late 2021, the City Council offered a vaccine incentive to its employees; and
WHEREAS, despite that incentive, approximately 19% of employees remain unvaccinated; and
WHEREAS, absences from work due to COVID-19 or quarantine requirements can effect essential public services; and
WHEREAS, the City Council has a responsibility to all of its employees to provide them with a safer and healthier workplace, and to take reasonable steps to help protect the community from COVID-19; and

11.a
Packet Pg. 151 Attachment: Resolution Approving COVID Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 02/2022/liz/A22-0019/Reso/CovidTestingPolicy
WHEREAS, regular testing for COVID-19 also has proven helpful at preventing the spread of the virus in the workplace; and
WHEREAS, the City Council also recognizes that some employees may continue to choose to be regularly tested rather than to be vaccinated, and WHEREAS, the purpose of this Policy is to provide for vaccination and, where an employee is not vaccinated, to provide for regular testing at the City’s expense, as well as providing for reasonable accommodation from testing requirements as provided by law; and
WHEREAS, this Policy has the support of the City Manager and thee majority of the City Department Directors; and
WHEREAS, the City already has and will continue to meet and confer with its labor organizations regarding the impacts of this Policy; and WHEREAS, this Policy is in addition to, and not instead of, all required state and local COVID-19 safety requirements, including but not limited to masking and social distancing; and
WHEREAS, this Policy may be amended from time to time as legal requirements, case law, and the pandemic evolve; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES RESOLVE AND ORDER AS FOLLOWS:

1. The Recitals set out above are true and correct.

2. The Policy No. 218 is approved and adopted and shall take effective April 1, 2022.

3. This Resolution shall take effect immediately to allow time for implementation prior to the date of enforcement.

4. The City Manager and Human Resources Director and their designees are authorized to implement and enforce this Policy.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2022.

11.a
Packet Pg. 152 Attachment: Resolution Approving COVID Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 02/2022/liz/A22-0019/Reso/CovidTestingPolicy

CITY OF EL CENTRO
By_____________________
Tomas Oliva, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, L. Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 22- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By ________________________
Norma Wyles, City Clerk

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Packet Pg. 153 Attachment: Resolution Approving COVID Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 02/2022/liz/A22-0019/Policy/Covid-19VacTesting Page 1 of 7

CITY OF EL CENTRO

POLICY STATEMENT
Policy Statement No: 218 Adopted: February 15, 2022
Category: Personnel/HR Revised:

Subject: COVID-19 Vaccination and Testing Distribution: All departments I. PURPOSE
For the reasons set out in greater detail in Resolution No. 22-____, the City of El Centro (“City”) seeks to provide a work environment that is as safe as possible, and to the extent possible, by protecting the health and safety of City employees and the public consistent with COVID-19 public health guidance and legal requirements by adoption of this COVID-19 Vaccination and Testing Policy (Policy).

The provisions of this Policy do not supersede any requirements of federal, state or local law and regulations for workplace testing in the event of exposure in the workplace. This Policy is in addition to the requirements of Cal OSHA and any other applicable federal or state law or local health officer orders.

The City will continue offer to meet and confer with each bargaining unit regarding the negotiable effects of this policy.

II. DEFINITIONS
Employee means all City temporary and regular employees on the date that this Policy is adopted. It does not include independent contractors, public officials or members of boards or commissions. While they are not employees, interns and volunteers are covered by this Policy but will be required to pay for their own testing.

Fully Vaccinated means that 14 consecutive calendar days or more must have passed from the date the Employee received the second dose in a two-dose COVID-19 series or a single dose COVID-19 vaccine.

Testing means the use of tests approved by the United States Food and Drug Administration (FDA) or that have an Emergency Use Authorization (EUA) from the FDA to diagnose current infection with the SARS-CoV- 2 virus. These include both PCR and antigen tests. The test must be administered in accordance with the FDA approval or FDA EUA, as applicable.

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Packet Pg. 154 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 02/2022/liz/A22-0019/Policy/Covid-19VacTesting Page 2 of 7 Unvaccinated means Employees who have not received any doses of COVID-19 vaccine, whose status is unknown, or who decline to state their status.

Vaccine means a vaccine that the U.S. Food and Drug Administration (FDA) has issued Emergency Use Authorization (EUA) or full licensure for the vaccine. Vaccines that currently meet this Policy include Moderna (full licensure), Pfizer-BioNTech (full licensure), and Johnson & Johnson/Janssen (EUA).

III. PROCEDURES

1. Reporting Vaccination Status and Documentation
All City employees are required to report their vaccination status as described in this section. Any employee who refuses to report their vaccination status will be treated as unvaccinated under this policy, as well as for the City’s compliance with any legal or policy obligations that distinguish between vaccinated, vaccinated/boosted, and unvaccinated individuals, including, but not limited to those obligations issued by Cal/OSHA.
a. Obligation to Report Vaccination Status: By no later than March 15, 2022, all employees must report their vaccination status on a form provided by the City.

Employees will certify they are:
• Fully vaccinated for COVID-19, but not boosted (including type of vaccine obtained and date(s) of the dose(s));
• Fully vaccinated and boosted for COVID-19 (including type of vaccine obtained and date(s) of the dose(s));
• Partially vaccinated for COVID-19 (including type of vaccine obtained and date of the first dose);
• Unvaccinated for COVID-19; or
• Declining to state their vaccination status and acknowledging they will be treated as unvaccinated for purposes of this Policy and any other legal or policy obligations distinguishing between vaccinated and unvaccinated individuals.

If the Employee previously has reported vaccine status (for example, for purposes of receiving the vaccine incentive) that Employee may refer to and update that information as applicable. All previously provided information must be updated to include any boosters received.

Employees shall certify under penalty of perjury that the information they provide regarding vaccination status is true and accurate under penalty of perjury.

Falsifying information is grounds for disciplinary action, up to and including termination.

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Packet Pg. 155 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 02/2022/liz/A22-0019/Policy/Covid-19VacTesting Page 3 of 7 b. Proof of Vaccination Status: Employees also are required to provide the City with proof of vaccination status, which may include any of the following documents:
• A copy of the digital vaccination record, which is available free from the state of California, https://myvaccinerecord.cdph.ca.gov/;
• A photo of the CDC COVID-19 vaccination record card; or • Vaccination documentation from the employee’s healthcare provider.

Employees otherwise are not requested or required to provide any additional medical information. The City reserves the right to inspect the original hard copy of any proof of vaccination status provided if there is reason to doubt its validity. c. Access to Vaccination Information: The City will maintain information provided about vaccination status as a confidential medical record. Only authorized City employees will have access to employee personnel information. The City will share information on an employee’s vaccination status only on a need-to-know basis to enforce masking and safety requirements, including to the employee’s department head, managers, and/or supervisors.

2. Testing or Vaccination Provisions
Effective April 1, 2022, those Employees who are not Fully Vaccinated or who do not have an approved exemption shall be subject to weekly or more frequent Testing as a condition of employment. Employees who are Fully Vaccinated are not required to undergo regular Testing under this policy. Testing procedures will be provided by the City before April 1, 2022.

Frequency of Testing shall be determined by the City and such frequency may vary from time to time. Testing will be made available to employees at no cost during their work hours following a process and timeline determined by the Human Resources Director. In the event that the City determines that Testing is not possible during the employee’s work hours, the City will compensate the employee for their time at their regular hourly rate. The Testing procedures will address testing schedules and variations from those schedules.

The provisions of this Policy to be fully vaccinated or undergo regular testing also applies to all interns and volunteers.

This Policy applies to all current and future employees of the City, as those provisions may be amended from time to time. The provisions of this Policy will be clearly stated on job announcements.

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Packet Pg. 156 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 02/2022/liz/A22-0019/Policy/Covid-19VacTesting Page 4 of 7

3. Exemptions from Mandatory Testing
Any employee who wishes to request a reasonable accommodation to mandatory Testing should submit their request to the City as described below as soon as possible, but at least by April 1, 2022.
a. Request for Exemptions: The Human Resources Director or designee (“Human Resources Director”) will review requests for medical/disability and religious exemptions from Testing on a case-by-case basis. The process for such review and consideration of exemptions will be subject to the procedures for a reasonable accommodation request under the ADA (American Disabilities Act) and the FEHA (Federal Employment and Housing Act).
b. Exemptions: The Human Resources Director or designee (“Human Resources Director”) will review requests for medical/disability and religious exemptions from Testing on a case-by-case basis. The process for such review and consideration of exemptions will be subject to the procedures for a reasonable accommodation request under the ADA and the FEHA.
• Medical/Disability Exemption: Employees with a medical condition, disability (including disability related to pregnancy), or other medical restriction that affects their ability to undergo regular Testing, as verified in writing by their health care provider, may request a reasonable accommodation to be exempted from this testing Policy.

The request will be made on a form in and in the manner specified by the Human Resources Director.

Employees requesting a medical/disability exemption will be required to provide a completed Certification from their Health Care Provider. • Religious Exemption: Employees who assert their religious belief prohibits them from Testing may request a reasonable accommodation on the same schedule by presenting their evidence of their religious belief, practice or observance. The Human Resources Director reserves the right to determine if there is a sincerely held religious belief which supports reasonable accommodation as interpreted by state and federal law and regulations. A form letter is not evidence of a sincerely held religious belief.

4. Failure to Comply with this Policy
a. Any Employee who is not fully vaccinated or who does not have an approved exemption and who does not comply with the Testing provisions of this Policy may be subject to immediate disciplinary action, up to and including termination.

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Packet Pg. 157 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 02/2022/liz/A22-0019/Policy/Covid-19VacTesting Page 5 of 7 b. An employee who fails or refuses to comply with the Testing procedures may be barred from the workplace and required to utilize their own leave balances.

QUESTIONS
Please direct any questions regarding this policy to the Human Resources Director.

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Packet Pg. 158 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) ACKNOWLEDGMENT OF RECEIPT OF COVID-19 VACCINATION/TESTING POLICY This will acknowledge I have received my copy of the City’s COVID19 VACCINATION AND TESTING POLICY.

By my signature below, I acknowledge I have received, read, and understood this policy. I understand that failure to fully comply with all terms set forth in this policy may lead to disciplinary action, up to and including termination.

PRINT FULL NAME ___________________________________________________ SIGNED ____________________________________________________________ DATE ______________________________________________________________

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Packet Pg. 159 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 01/22
REQUEST FOR ACCOMMODATION:

TESTING EXEMPTION FOR MEDICAL CONDITION/DISABILITY
City of El Centro
To request an exemption from required testing, please complete section 1 below and have your health care provider complete section 2 before returning this form to the Human Resources Director to complete section 3. All three pages/sections should be copied and maintained together.]
Section 1 - Employee Information
Name (print): Date:

Dept.: Position:

Manager: Work/Cell Phone:

I am requesting a medical exemption from the City’s testing Policy for SARS-CoV-2 (COVID-19).

I verify that the information I am submitting to substantiate my request for exemption from the City’s testing Policy is true and accurate to the best of my knowledge.

I understand that any falsified information can lead to disciplinary action, up to and including termination.

I further understand that the City is not required to provide this exemption accommodation if there is not evidence supporting or if doing so is unreasonable, would pose a direct threat to myself or others in the workplace, or would create an undue hardship for the City.

Employee Signature: Date:

11.b
Packet Pg. 160 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 01/22
Section 2 - Medical Certification for Testing Exemption City of El Centro
Employee Name: _________________________________________________ Dear Health Care Provider,
The City requires any employee who is not fully vaccinated against SARS-CoV-2 (COVID-19) to undergo at least weekly testing as a condition of employment. The individual named above is seeking an exemption to this policy due to medical condition/disability. Please complete this form to assist City in the reasonable accommodation process.

DO NOT disclose the individual’s diagnosis without the patient’s permission.

Further, in accordance with the Genetic Information Nondiscrimination Act of 2008 (GINA), DO NOT provide any genetic information in responding to this form.

The person named above should not be tested for SARS-CoV-2 (COVID-19) due to (DO NOT disclose the individual’s diagnosis or provide any genetic information):

This exemption should be:
 Temporary, expiring on: __/__/____, or when _______________________________.  Permanent
I certify the above information to be true and accurate and request exemption from the City’s testing Policy for SARS-CoV-2 (COVID-19) for the above-named individual.

Medical Provider Name (print):

Medical Provide Signature: Date:

Practice Name & Address: Provider Phone:

11.b
Packet Pg. 161 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 01/22
Section 3 – Human Resources Record
City of El Centro
Employee Name: _________________________________________________ Date of initial request: __/__/____ Date certification received: __/__/____ Accommodation request:
 Approved __/__/____
Describe specific accommodation details:
 Denied __/__/____
Describe why accommodation is denied:

11.b
Packet Pg. 162 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 08/21 Page 1 of 2 Testing Exemption
REQUEST FOR ACCOMMODATION:

TESTING EXEMPTION FOR RELIGIOUS BELIEF
CITY OF EL CENTRO (“City”)
To request an exemption from required testing, please complete section 1 below and return this form to the Human Resources Director to complete section 2. Both pages/sections should be copied and maintained together.] Section 1: Employee Request
Name: Date of request:

Department: Supervisor:

Describe requested accommodation: ________________________________________ ______________________________________________________________________ Length of time the accommodation is needed: _________________________________ Describe the religious belief or practice that necessitates this request for accommodation: ________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Identify any potential accommodations that might address your needs (reasonable accommodation is not guaranteed, and will be fully evaluated as part of an interactive process): ______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I have read and understand the City’s policy requiring testing for the SARS-CoV-2 (COVID-19). My religious beliefs and practices are sincerely held. I understand that the accommodation requested above may not be granted; however, the City will make a good faith effort to provide a reasonable accommodation that does not create an undue hardship for the City.

Employee signature: _____________________________ Date: __________________

11.b
Packet Pg. 163 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) 08/21 Page 2 of 2 Testing Exemption
Section 2 – Human Resources Record
City of El Centro
Employee Name: _________________________________________________ Date of initial request: __/__/____ Date certification received: __/__/____ Accommodation request:
 Approved __/__/____
Describe specific accommodation details:
 Denied __/__/____
Describe why accommodation is denied:

11.b
Packet Pg. 164 Attachment: Covid Vaccine and Testing Policy (5389 : COVID-19 Vaccination and Testing Policy) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Financial
Prepared By: Richard Romero
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5392) DOC ID: 5392
Mid-Year Budget Presentation FY 2022
CITY MANAGER’S RECOMMENDATION:

For Discussion
FISCAL IMPACT:

As discussed
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

The general fund budget includes allocations to fund the operations directly involved in the strategic plan goals of; Financial & Governance Stability, Environmental Sustainability, Community Health, Safety & Welfare, Recreation & Lifelong Learning,City Beautification, Engagement & Civic Pride and Economic Opportunity.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
n/a
BACKGROUND:

It is the policy of the City of El Centro to monitor its financial performance by comparing and analyzing actual results with budgeted results on a periodic basis. The following is a discussion of budget results as of December 31, 2021 with 50% of the fiscal year elapsed.

DISCUSSION:

GENERAL FUND
Fiscal year 2021
The results for fiscal year ending June 30, 2021 included the following: revenues totaled $32.3 million. This was $1.19 million more than the amount received in fiscal year 2020 and represents an increase of 3.82%. The increase was from sales tax, transient occupancy tax, and motor vehicle in lieu tax. Expenditures totaled $27.3 million, which was $2.5 million less than the amount in the prior fiscal year. The decrease was due to the completion of the Cruickshank Project in FY 2020. In fiscal year 2021, the fund balance for the General Fund increased by $5.1 to $18.2 million as of June 30, 2021.

Fiscal year 2022
Revenues
As of December 31, 2021, fifty percent (50%) of the fiscal year has elapsed. The City has received year to date revenues in the total amount of $15.1 million, which is approximately 49.4% of total projected revenues. Revenues are below the 50% 12 Packet Pg. 165
Action Item (ID # 5392) Meeting of February 15, 2022
projection, as some of the revenue sources come in during the second half of the fiscal year (i.e. franchise tax).

Overall, it is projected that revenues will slightly exceed amount budgeted for this fiscal year due to increases in sales taxes to be received.

Expenditures
As of December 31, 2021, expenditures totaled approximately $14.5 million or 48.2% of the total revised budget expenditures. This is conservative and within the acceptable range expected at this time of the year. There are some divisions that have expenditures that are above the 50% mark however that is because they have payments that were due at the beginning of the fiscal year.

Non-departmental division - 78%
• $1.2 million - Liability/property insurances paid in full in the first month of the fiscal year.
• $163,000 - LAFCO dues paid in the first month of the fiscal year.

IT - 51%
• Fees for demarcation points ($42,000).

Fund Balance
Based on year to date revenues and expenditures, the projected fund balance through the end of fiscal year 2022 is expected to be $18.1 million. This represents a decrease of $23 thousand from the June 30, 2021 ending fund balance. The decrease is mainly due to $2.5 million being transferred to the pension reserve fund per the pension reserve policy adopted on April 6, 2021.

The projected fund balance through the end of the fiscal year in the amount of $18.1 million is designated as follows:
$ 3,276,610 - Reserve for Economic Unknowns (10%)
$ 2,700,000 - Designation for Accrued Leave Liability
$12,190,946 - Undesignated/Unreserved
$18,167,556

GENERAL FUND - Challenges
The following is a discussion of the five-year budget projections including the impact of the newly approved salary increases. The projections start with fiscal year 2022 and end with fiscal year 2023.

Salaries & Benefits projections for fiscal year 2022 reflect previously approved step increases, which are approximately 3%. Projections for fiscal years 2023-2026 reflect an anticipated 2% COLA and a step increase, which is equivalent to a combined 12 Packet Pg. 166
Action Item (ID # 5392) Meeting of February 15, 2022
increase of approximately 5%. The allocations for supplies and services reflect a CPI increase of 6%. Capital expenditures are estimated to be an average of $652,000 per year.

Revenue projections reflect an increase mainly from sales tax and property taxes.

However, the revenue projections are not sufficient to support the increase in salaries, increase in CalPERS pension cost and the operational costs from the Aquatic Center.

Pension costs based on the last CalPERS valuation report indicates an increase in cost over the next five years of approximately $1.3 million. This projection will most likely be higher as the CalPERS rates are based on an estimated increase in payroll of 3% per year, however the actual increase in payroll could be higher based on potential new agreements.

The following assumptions were made in the development of the five-year budget projections:
• Salary increases based on recently approved MOU’s - FY 22 • Salary increases projections of 5% - FY23, FY24, FY25, FY26 • Aquatic Center - increase in expenditures net of revenue - $908,000 to $1,203,510
• Capital various divisions - approximately $652,000 per year • Supplies & services - Based on average percent change in CPI of 6%. • Status quo - no new programs
• 3 new positions for the Library
• 3 previously frozen police officer positions unfrozen starting in FY 23 • 2 previously frozen firefighter positions unfrozen starting in FY 23 The projections indicate major shortfalls and reductions in fund balance beginning in FY 2024. The four-year projections are concerning as there are projected shortfalls starting in fiscal year 2024 ($285,000), 2025 ($1.3 million), 2026 ($2 million). FY 2023 will reflect a surplus of $399,000.

The following is the projected annual net revenue/loss and corresponding ending fund balance:

Fiscal Year Net Rev/Exp Ending FB
2020-2021 18,190,503
2021-2022 (22,947) 18,167,556
2022-2023 398,844 18,566,400
2023-2024 (285,582) 18,280,818
2024-2025 (1,264,643) 17,016,175
2025-2026 (1,964,790) 15,051,385
Actual revenues will be determined by the status of the economy at both local and national levels, which in turn have an impacting effect on significant revenue sources such as property tax and sales tax.
12 Packet Pg. 167
Action Item (ID # 5392) Meeting of February 15, 2022
These are projections which were developed with information available at this point in time. Due to the ongoing pandemic, these projections are fluid and can change in the near future. The projected fund balance can only be improved through revenue growth above the levels reflected in these projections or a reduction in expenditures. However, personnel expenditures in the general fund consists of 80% of total expenditures and therefore leaves only approximately 20% for other expenditure reductions.

In summary, to be able to cover the future anticipated shortfalls the City will need $285,000 million (FY24), $1.3 million (FY25) and $2 million (FY26).

Options for addressing the anticipated shortfalls will have to be determined during the upcoming budget workshops which will be held April through June 2022.

Summary - Mid-Year Review - General fund
The results of operations during the first six months of FY-22 indicate that revenues are on track and are comparable to the level received during the same time period in previous fiscal years. On-going operating expenditures are within the acceptable levels expected at this time of the fiscal year. Overall, the financial results for the first six months of the fiscal year look adequate and are deemed to be on track.

The fund balance for the general fund has been designated as per the City’s financial policy. The designations address contingency, Accrued Leave Liability and Undesignated/Unreserved.

Next year’s budget preparations are underway and City Departments are preparing their budget requests for fiscal year 2023. There will be a citywide effort to contain expenditures in light of the forecasted revenues.

ENTERPRISE FUNDS
Revenues for water and wastewater funds are on track. Expenditures are within the levels expected at mid-year.
12 Packet Pg. 168
Action Item (ID # 5392) Meeting of February 15, 2022 12 Packet Pg. 169
Action Item (ID # 5392) Meeting of February 15, 2022
CONCLUSION:

As discussed.
12 Packet Pg. 170
City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Bond
Prepared By: Richard Romero
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5413) DOC ID: 5413
Approval of Transfer, Surrender and Cancellation Agreement - Successor Agency 2011 A & B Increment Bonds
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 2011A AND 2011B TAX ALLOCATION BONDS FISCAL IMPACT:

Savings of $6,809 per year
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

In 2011, the Successor Agency issued two series of tax increment bonds: Series A in the amount of $5.1M and Series B in the amount of $20M. The bonds were issued but never were publicly delivered due to the enactment of the Redevelopment Agency Dissolution Law, dissolving redevelopment agencies and restricting payments from tax increment for their debt. The Dissolution Law took effect on February 1, 2012.

Therefore, the bond instruments have sat with U.S. Bank National Association, the trustee, without further action since approximately 2014.

DISCUSSION:

We are currently paying $6,809/year ($3,543 for Series A and $3,266 for Series B) for administrative fees for holding the bond instruments. The next payment is due in April 2022. In order to terminate the administrative bank charges and resolve the status of the bonds, Russ Trice, the City’s bond counsel from Norton Rose Fulbright, negotiated a cancellation of the bonds pursuant to the language in the Indenture. This Agreement confirms that cancellation by the Successor Agency and the City meets the Trustee requirements.

CONCLUSION:

Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA APPROVING THE TRANSFER, SURRENDER AND 13 Packet Pg. 171
Action Item (ID # 5413) Meeting of February 15, 2022
CANCELLATION AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 2011A AND 2011B TAX ALLOCATION BONDS ATTACHMENTS:
• Approving The Transfer, Surrender and Cancellation Agreement With U.S. Ban (DOC) 13 Packet Pg. 172
01/2022/liz/A22-0018/Resolution/CanBonds
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO,

CALIFORNIA APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 201 lA AND 201 lB TAX ALLOCATION BONDS
WHEREAS, in March and April, 2011 the Redevelopment Agency of the City of El Centro issued two series of tax allocation bonds, the 201 lA in March and 201 lB in April,, with bond payments to be made from tax increment; and
WHEREAS, the Trustee for those bonds is U.S. Bank National Association; and WHEREAS, before any public sale or delivery of the bonds, the Dissolution Law was approved by the State Legislature and confirmed by the California Supreme Court, dissolving the Redevelopment Agency effective February 1, 2012; and
WHEREAS, the City then acted to become the Successor Agency to the Redevelopment Agency; and
WHEREAS, the Dissolution Law restricted payments for debt service for bond issued in 2011 to the bonds never were publicly delivered; and
WHEREAS, the bonds cannot publicly be issued as there is no ability to pay debt service to any purchaser and there is an annual expense of approximately $7000 for the Trustee to continue to hold the bonds; and
WHEREAS, the Finance Director thus requested that the bonds be cancelled and surrendered; and
WHEREAS, the City's bond counsel worked with the Trustee to develop the Transfer, Surrender and Cancellation Agreement (Agreement) agreeable to the Trustee pursuant to the terms of the bond indenture; and
WHEREAS, it is in the best interests of the City to enter into the Agreement to save funds and resolve the matter of the outstanding bonds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES RESOLVE AS FOLLOWS:

1. The Recitals set out above are true and correct.

2. The City Council hereby approves the Transfer, Surrender and Cancellation Agreement on file with the City Clerk.

13.a
Packet Pg. 173 Attachment: Approving The Transfer, Surrender and Cancellation Agreement With U.S. Ban (5413 : Approval of Transfer, Surrender and 01/2022/llz/A22-0018/Resolution/CanBonds

3. The City Council further authorizes the City Manager to execute the Agreement and take all necessary action to implement it.

4. Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2022.

CITY OF EL CENTRO
By _
Tomas Oliva,Mayor
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By _
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By _
Norma Wyles, City Clerk

13.a
Packet Pg. 174 Attachment: Approving The Transfer, Surrender and Cancellation Agreement With U.S. Ban (5413 : Approval of Transfer, Surrender and City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Ordinance
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
ORDINANCE (ID # 5376) DOC ID: 5376
Discussion and any necessary action regarding the approval of Mandatory Recycling Ordinance
CITY MANAGER’S RECOMMENDATION:

Approve Ordinance No. 22- , AN ORDINANCE OF THE CITY OF EL CENTRO REPEALING AND READOPTING CITY CODE CHAPTER 12 IN ITS ENTIRETY TO

PROVIDE FOR MANDATORY RECYCLING AND ORGANIC WASTE DISPOSAL REDUCTION, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

FISCAL IMPACT:

Minor impact to the General Fund for education materials and reporting.

Staff time impact related to added reporting, education and outreach requirements.

Potential impact of $50,000 to $80,000 annually to meet compost, mulch or renewable energy procurement requirements.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal No. 2 Environmental Sustainability & Infrastructure. Action 2.9 Ensure compliance with State solid waste and recycling requirements.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

On October 2014, the Governor signed AB1826, effective January 1, 2016. The law creates the Mandatory Commercial Organics Recycling program for CalRecycle to implement and enforce.

Organics means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is missed in with food waste.

On January 1, 2016 AB1826 became effective.

On March 21, 2017, the City adopted rates for commercial and multi-family organics to comply with AB1826.

On January 1, 2019, business generating 4 cubic yards or more of combined waste per week was required to arrange for organic collection.

On January 15, 2019, CR&R provided a legislative update to Council on AB341 and AB1826 and provided samples of public information that was distributed. 14 Packet Pg. 175
Ordinance (ID # 5376) Meeting of February 15, 2022
On September 3, 2019, the City Council approved an ordinance requiring mandatory commercial and multi-family organics recycling in response to AB1826.

On October 24, 2019 the City provided letters to businesses informing about Mandatory recycling AB 341 and AB1826 and the need to comply or potentially face city fines.

With the City ordinance, rate structure and letter from the City in place, in late 2019 CR&R ramps up signing business into obtaining organic services and progress was made.

On January 2020, AB1826 requires CalRecycle to start enforcement on AB1826. At this point the City is on track and making progress on implementation by signing up businesses. However, in February 2020 the COVID pandemic starts with businesses shut down, especially restaurants, thus signing up accounts significantly slowed down.

Further, in September 15, 2020 CalRecycle reduced the threshold on businesses mandated to comply from 4 cubic yards down to 2 cubic yards. Thus now business generating 2 cubic yards or more of commercial waste per week are required to arrange for organic collection. This increased the number of non-compliant businesses in El Centro.

On March 2, 2021 CalRecycle, CR&R and City staff provided a presentation to Council on AB341, AB1826 and SB1383. City Council and staff shared some of the challenges in enforcing AB1826 due to the pandemic, however city was able to show progress being made.

On November 2021 CalRecycle conducted another visit to city staff, this time in person, and requested an update on the city’s AB1826 city program. CalRecycle is looking for full compliance on AB1826 as this will be a building block for implementing SB1383, which includes the residential organic program and food diversion programs, amongst others.

Staff is working with CR&R to reach out to businesses that are required to comply but are not yet compliant with AB1826. These businesses are being targeted and requested to reach out to CR&R and sign up for organic collection service or provide proof of selfhauling their organics to an approved location.

From the estimated 100 to 200 businesses pending compliance in December 2021, staff and CR&R have reduced the non-compliant businesses to 66, or 10% of businesses as of late January 2022. Staff and CR&R continues site visits to these businesses in order to provide additional information and hopefully get them in compliance. Failure to be incompliance with the State mandate may trigger enforcing of our City Ordinance fines procedure on the non-compliant business. Although this is not a rate increase, said businesses will need to obtain a new service which in turn results in cost increase. Said cost increase may be offset to a degree from a reduction in collection frequency of the standard trash containers. The collection charge will vary based on the service and frequency requested by the customer.

On January 1, 2022, SB1383 became effective.
14 Packet Pg. 176
Ordinance (ID # 5376) Meeting of February 15, 2022
DISCUSSION:

Staff has prepared a revised Chapter 12 to the City Ordinance which incorporates required standard language from CalRecycle Model SB1383 ordinance in order to comply with said SB1383 regulation.

Major changes/highlights include:

1. Single-family residential organic recycling becomes mandatory.

2. Available exemptions for organic waste offered under AB1826 are removed by SB1383. Most Commercial and Multifamily generators are now subject to compliance, unless a De Minimus Waiver is granted. To qualify, generator shall produce less than 10 gallons per week of organic waste and be able to demonstrate it. Very few will.

3. Edible Food Generators must arrange to recover Edible Food and contract with Food Recovery Organizations for collection. Compliance period varies as follows:
a. Tier 1 Generators must comply by January 1, 2022. This includes supermarkets, grocery store greater than 10,000SF, Food Service Providers, Food Distributors and wholesale vendors.
b. Tier 2 Generators must comply by January 1, 2024. This tier adds restaurants with 250 or more seats, 200 room or more hotels with on-site food facility, health facility with on-site food facility and 100+ beds, large venues and events, and local schools with on-site food facility.

4. Food Recovery Organizations must provide documentation to City showing amongst other things, name, address, contact info, quantity received, etc from each Edible Food Generator for tracking purposes and provide to City.

5. Requires updates to City procurement policy to include the purchase of:
a. Compost and mulch purchase requirements. (CalRecycle has established a target of 3,600 tons of Organic Waste to be procured by the City of El Centro. This is equivalent to 5,220 cubic yards (2,088 tons) of compost OR 3,600 tons of mulch or a combination of those). Once renewable natural gas is available in our area, credit would be obtained for such use. b. Recycled paper products is added as a requirement, however this is already part of current City policy. Tracking of said purchases is added as a requirement.

Next Steps:

1. Staff is currently working with CR&R to amend the contract and implement the requirements of SB1383 in the rate structure. The contract update is expected to return to Council in April.

2. The required procurement policy will be brought to Council in March for adoption.

3. The environmental compliance division will start out reaching to businesses that were previously exempt under AB1826, but are now required to implement 14 Packet Pg. 177
Ordinance (ID # 5376) Meeting of February 15, 2022
organics programs under SB1383.

4. A de minimis waiver application will be developed and posted online for those that may benefit from it.

CONCLUSION:

Approve Ordinance No. 22- , AN ORDINANCE OF THE CITY OF EL CENTRO REPEALING AND READOPTING CITY CODE CHAPTER 12 IN ITS ENTIRETY TO

PROVIDE FOR MANDATORY RECYCLING AND ORGANIC WASTE DISPOSAL REDUCTION, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

ATTACHMENTS:
• Ordinance 22- SB1383 (PDF)
14 Packet Pg. 178
02/2022/A22‐0021/Ordinance/SB1382/00083636.1

ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY OF EL CENTRO REPEALING AND
READOPTING CITY CODE CHAPTER 12 IN ITS ENTIRETY TO PROVIDE

FOR MANDATORY RECYCLING AND ORGANIC WASTE DISPOSAL

REDUCTION
The City Council of the City of El Centro does ordain as follows:

Section 1: Purpose
The City finds and declares:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their cities to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires City to implement a Mandatory Commercial Recycling program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires City to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires City to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Cal Recycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Cities, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators,

14.a
Packet Pg. 179 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 02/2022/A22‐0021/Ordinance/SB1382/00083636.1

haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets. (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. (f) The City Council of the City of El Centro has determined that adoption of this Ordinance will serve the health, safety and public welfare of the community.

Section 2. Chapter 12 is repealed in its entirety and readopted to read as follows:

ARTICLE I. COLLECTION AND DISPOSAL
Sec. 12-1. Definitions.

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth, regardless of whether or not such terms are capitalized, unless it is apparent from the context that a different meaning was intended. If a term or word is not specifically defined herein but is defined in the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) it shall have the meaning prescribed therein. All terms shall be construed in accordance with the requirements of state law as set out in Section 1 above.

Animal waste means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock.

Bin means a rigid container with hinged lids and wheels with a capacity of at least one (1) cubic yard and less than ten (10) cubic yards.

Black Container has the same meaning as in 14 CCR Section 18982.2(a)(28) referring to a gray container and shall be used for the purpose of storage and collection of Black Container Waste.

Black Container Waste means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

Blue Container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste
Business means any person or entity that possesses or is required to possess a business registration certificate, as stated in section 16-19.

14.a
Packet Pg. 180 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 3 CalRecycle means the State of California's Department of Resources Recycling and Recovery, and, as this department was structured prior to January 1, 2010, the California Integrated Waste Management Board or CIWMB.

Cart means a wheeled container of appropriate material with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 30- and no greater than 101-gallons.

City means the City of El Centro.

City Clerk means the City Clerk of the City of El Centro, and authorized deputies.

City Enforcement Official means the City Manager or its authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance.

City Manager means the City Manager of the City of El Centro or designee.

Collect or collection means physical possession, transport, and removal of solid waste from City.

Collection charge means a charge for the collection of solid waste, recyclable, and organic materials that shall be imposed on the owner or occupant of each residential premise or commercial premises to which service is made available. The amount of such charge shall be fixed and changed from time to time and shall be collected at such time and in such manner as prescribed by the City Council. The charge so fixed shall be a civil debt due and owing to the City or solid waste collector from the owner or occupant of the residential premise or commercial premises to which the service is made available. The City Council hereby specifically finds and determines that the periodic collection of solid waste recyclable and organic materials from all residential premises and commercial premises benefits all occupants and residents of the City, provides for the health, safety and welfare of all persons in the City and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant utilizes of such collection service.

Commercial business or premises means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary in this ordinance or City Code, premises upon which the following uses (as defined in the City Code) are occurring shall be deemed to be commercial premises: adult residential facilities, assisted living facilities, convalescent homes, dormitories, extended stay motels, group residential facilities, group care facilities, hotels, and motels. A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial business for purposes of implementing this ordinance.

Commercial Generator means any legal entity, except a special event, that generates solid waste at a commercial or industrial facility, that may include businesses; charitable or nonprofit organizations, including hospitals, educational institutions, and civic or religious organizations;

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Packet Pg. 181 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 4 governmental organizations, agencies, or entities; and nonresidential tenants or entities that lease or occupy space. "Commercial Generator" also includes the City and its facilities and nonresidential properties. The entity that is the commercial generator is the commercial account holder.

Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Section 12-1 of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

Community Composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

Compliance Review means a review of records by City to determine compliance with this ordinance.

Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

Composting means the controlled biological decomposition of organic wastes that are source separated from the solid waste stream.

Composting center, station or facility a facility the principal function of which is to receive and to process organic waste through composting.

Construction and demolition debris and C&D and construction waste means solid waste generated at a premises that is directly related to construction or demolition activities occurring thereon.

Container means any and all types of receptacles, including carts, bins and roll-off boxes.

Contamination means (A) all materials other than those defined as recyclable and/or organic materials that were placed in a container designated for recyclable materials or were collected by a solid waste collector with recyclable materials; (B) all materials other than those defined as organic materials that were placed in a container designated for organic materials or were collected by a solid waste collector with organic materials; or (C) recyclable materials, and organic materials in the case of a food service establishment, that were placed in a container designated for refuse or were collected by a solid waste collector with refuse.

Council means the City Council of the City of El Centro.

C&D means construction and demolition debris.

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Packet Pg. 182 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 5 Days means calendar days unless otherwise provided.

Designee means a City staff member or an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a staff member, government entity, joint powers authority, a hauler, a private entity, or a combination of those entities.

Disposal means the ultimate disposition of solid waste collected at a landfill or otherwise in full regulatory compliance. "Disposal" does not include recycling or organic materials processing.

Edible Food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not food waste or Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement Action means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using any other remedies available by law. This ordinance may be enforced by the City Manager or Designee.

Excluded Waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City or its Designee for collection services.

Food Distributor means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

Food Facility has the same meaning as in Section 113789 of the Health and Safety Code.

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Packet Pg. 183 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 6 Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food Recovery Organization means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.

Food Recovery Service means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

Food Service Provider means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

Food Scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps Food-Soiled Paper is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

Food wastes means Food Scraps, Food-Soiled Paper and Compostable Plastics.

Franchisee means any solid waste collector authorized by the City Council pursuant to the procedures established in this chapter.

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Packet Pg. 184 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 7 Green Container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

Green waste means leaves, grass clippings, brush, branches, and other forms of organic materials generated from landscapes or gardens, which have been source separated from other solid waste. Green waste is a subset of organic materials and excludes hazardous materials.

Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

Hazardous material includes any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term "hazardous material" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter

6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as " hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 6901); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act 29 U.S.C. Section 5101, et seq.: or (xiv) defined as such or regulated by any "Superfund" or "Superlien" law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect.

Hauler Route means the designated itinerary or sequence of stops for each segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

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Packet Pg. 185 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 8 Inspection means a site visit where City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).

Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.

Large Venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.

Local Education Agency means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

Mixed Waste Organic Collection Stream or Mixed Waste means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5) Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

Mixed waste processing means the separation and sorting of recyclables and other recoverable materials from refuse at a material recovery facility where commingled loads of solid waste are processed.

Multi-Family Residential Dwelling or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. Multi-family dwelling includes apartment buildings, mobile home parks, trailer parks, and condominium buildings. A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial business for purposes of implementing this ordinance.

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Packet Pg. 186 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 9 Multi-family generator means tenants, residents, other occupants, and custodians or janitors of multi-family dwellings. Except as otherwise determined, for condominium units the owner of the multi-family generator is the customer and account holder.

Non-Compostable Paper includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

Notice of Violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

Occupant includes every owner, tenant or person in possession of, who has the care and control of or the inhabitant of, an inhabited residence.

Organic materials or waste means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

Organic materials collector means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection or transportation of organic materials generated in the City.

Organic materials processing facility means a permitted facility where organic material is sorted, mulched, or separated for the purposes of recycling, reuse or composting in compliance with applicable law and regulations.

Organic Waste Generator means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

Owner means the person holding legal title to the real property constituting the premises to which solid waste, targeted recyclable materials, and/or organic materials collection service is provided.

Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

Permit means written authority granted by the City to any solid waste collector as evidenced by contract, franchise, certificate or other writing issued pursuant to this chapter.

Person means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Imperial, cities, and special purpose districts.

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Packet Pg. 187 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 10 Premises means any land or building where any type of materials subject to this chapter are generated or accumulated.

Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

Prohibited Container Contaminants means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iii) discarded materials placed in the Black Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.

Receptacle means a container used for the temporary collection and storage of solid waste, whose contents are periodically transferred to a larger container from which a solid waste collector directly collects the solid waste.

Recovered Organic Waste Products means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

Recovery means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

Recycled-Content Paper means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

Recyclable material or recyclables means solid waste that is source separated, segregated, or recovered through mixed waste processing, some potential economic value, and is set aside, handled, packaged, or offered for collection in a manner different from refuse in order to allow it to be processed for recycling.

Recycle or recycling means the processing of recyclable materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The collection, transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling.

Recycling center, station or facility means a permitted or licensed facility whose principal function is to receive, store, convert, separate, or transfer recyclable materials for processing in compliance with applicable law and regulations.

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Packet Pg. 188 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 11 Recycling collector means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and transportation of recyclable materials generated in the city.

Recycling operator means a person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and recycling of recyclable materials.

Refuse means solid waste or debris, except sewage, construction and demolition debris, recyclables, and/or organic materials placed in source-separated containers for collection.

Renewable Gas means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

Residence or Residential premises means premises upon which dwelling units exist, including, without limitation, single-family and multi-family dwellings, apartments, boarding or rooming houses, condominiums, mobile homes and accessory dwelling units. Notwithstanding any provision to the contrary in this ordinance or the City Code, premises upon which the following uses are occurring shall not be deemed to be residential premises, and rather shall be deemed to be commercial premises: adult residential facilities, assisted living facilities, convalescent homes, dormitories, extended stay motels, group residential facilities, hotels, motels, and any other businesses not specifically listed that may be classified as commercial premises (as opposed to residential) as determined by City on a case by case basis.

Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

Roll-off box means solid waste collection containers of 10-yards or larger.

Route Review means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

Rubbish includes, but is not restricted to, all non-biodegradable waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.

SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed

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Packet Pg. 189 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 12 by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Salvage means to obtain, either for compensation or other consideration, directly from the transferor thereof, any recyclable material prior to the placement of the same in the solid waste stream or the disposal or discarding thereof whether by collecting, or causing to be collected, the same from the transferor thereof or by the transferor thereof transporting the same to the salvager.

Source Separated Blue Container Organic Waste means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

Salvager includes any person engaged in salvaging recyclable material prior to the disposal or discarding of the same in the solid waste stream and includes the person generating the recyclable material if done by such person's own employees or any subsidiary thereof. Salvager does not include a nonprofit entity including, but not limited to, churches, schools, community organizations or groups obtaining recyclable materials for purposes such as, but not limited to, fundraising activities, rehabilitation and training programs.

Scavenging means the uncontrolled and/or unauthorized removal of solid waste, designated recyclable material or recoverable materials, and/or organic materials. Such activity is unlawful and is a misdemeanor punishable by up to six (6) months in jail and one thousand dollars ($1,000.00) in civil penalties under City Ordinance 12-34.95 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989.

Segregate means source separation of any of the following: the placement of recyclable materials, organic materials, and refuse each in separate and designated containers; the binding of recyclable materials separately from other waste material; the physical separation from each other of recyclable materials, organic materials, and refuse.

Self-Hauler means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Single-Family means of, from, or pertaining to any residential premises with fewer than five (5) units.

Solid Waste has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

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Packet Pg. 190 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 13 (1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

Solid Waste Collector shall mean one or more separate entities with which the City contracts for the pick-up, removal, and legal disposition of Solid Waste.

Source Separated means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property Manager, or property Manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Black Container or other Solid Waste for the purposes of collection and processing.

Source Separated Green Container Organic Waste means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.

Source Separated Recyclable Materials means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.

Special event means a community, public, commercial, recreational, or social event which may serve food or drink, and which may require a permit from the City. "Special events" may include the temporary or periodic use of a public street, publicly owned site or facility, privately owned site or facility, or public park. "Special event" includes the legal entity responsible for the special event, including but not limited to the owner, Manager, or organizer, which may be the City. “Special event” includes a Large Event.

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Packet Pg. 191 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 14 Streets means the public and private streets, ways and alleys, except interstate highways, as the same now or may hereafter exist within the City.

Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.

Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

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Packet Pg. 192 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 15 Uncontainerized Green Waste and Yard Waste Collection Service or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

Transferor includes any person generating recyclable material who, for compensation or other consideration, donates, sells or otherwise conveys or transfers title thereto and possession thereof to a salvager and does not discard the same as solid waste. Transferor does not include a resident who conveys or transfers residential recyclable, or organic material, whether for consideration or as a donation, to a salvager or any nonprofit entity including, but not limited to, churches, schools, community organizations or groups.

Truck means any truck, trailer, semi-trailer, conveyance or vehicle used, or intended to be used, for the purpose of collecting solid waste and/or recyclable or organic material or to haul or transport solid waste and/or recyclable or organic material.

Wholesale Food Vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

Wood wastes means lumber and wood products but excludes painted wood, wood treated with chemicals and pressure-treated wood. Wood waste is a subset of organic materials and excludes hazardous materials.

Yard wastes means leaves, grass clippings, brush, branches, and other forms of organic materials generated from landscapes or gardens, which have been source separated from other solid waste. Yard waste is a subset of organic materials and excludes hazardous materials.

Sec. 12-2. Mandatory residential, commercial and industrial collection.

Except as otherwise provided in this chapter, all solid waste generators shall provide for solid waste collection from one (1) or more haulers with a City franchise or permit.

Sec. 12-3. Authority of City Council to issue permits or franchises for solid waste collection. (a) Pursuant to California Public Resources Code Section 40059, as the same may be amended from time to time, or any successor provision or provisions thereto, and the police power, pursuant to Article II, § 7 of the California Constitution, the City shall have, and hereby retains, the authority to issue permits, including exclusive permits or franchises, for solid waste collector services, as provided for in this chapter and may, as a condition for issuing such permits, require a bond from the solid waste collector in an amount determined by the City Council to insure the faithful performance of such collection, transportation and disposal in accordance with this chapter and the terms and conditions imposed by the City Council. In the event that any solid waste collector shall fail or refuse to conform to the conditions of the permit or this chapter or any regulations promulgated hereunder, the Council, at its option and after a hearing called upon at least ten (10) days' prior written

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Packet Pg. 193 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 16 notice to the solid waste collector, may revoke such permit. In issuing permits for solid waste collector services, the City shall not be required to issue the same based upon the offer of lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the provisions of this chapter, and City Code Sections 12-3 through 12-7, and such other terms and conditions imposed by the City Council. (b) Excepting existing rights that the City reserves to itself, while an exclusive permit is in effect, may be granted the exclusive right to gather, collect and remove solid waste, recyclables, and organic materials from premises within the City, subject to such terms and conditions as the Council may apply to the issuance of such permit and set out in the written franchise agreement.
(c) No person shall act as a solid waste collector within the City unless such person is a solid waste collector, as defined in this chapter, or is exempt in accordance with subsection 12- 6 below. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste, recyclable material, organic material, or hazardous material from any residential premises, multi-family dwelling, industrial or commercial premises except as otherwise provided by this chapter.

Sec. 12-4. Fees and charges.

Fees and charges for such Solid Waste Collector services shall be those the City Council may from time to time hereafter approve by resolution. The Solid Waste Collector shall pay a franchise fee as determined by agreement in lieu of any business license tax imposed generally by City.

Customers shall pay an additional fee based on the size of the container for recyclable materials and organic materials containers that are collected for refuse disposal by the franchisee if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination as defined in this chapter.

Sec. 12-5. Scavenging and salvaging not allowed.
(a) It shall be unlawful for any person other than authorized City personnel or the Solid Waste Collector to remove any designated recyclable or organic materials, or salvageable commodity after placement in any designated recycling collection or storage location, or solid waste container.
(b) Notwithstanding, the generator of the designated recyclable or organic materials, for any reason, may otherwise dispose of the recyclable or organic materials or may remove the designated recyclable or organic materials after placement in the generator's container or designated recycling or organics collection or storage location. (c) It shall be unlawful for any person to disturb, modify, harm, or otherwise tamper with any container or designated recycling collection or storage location containing designated recyclable or organic materials, or the contents thereof, or to remove any such container from the location where placed by the generator thereof, or to remove the contents of any

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Packet Pg. 194 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 17 such container, unless authorized by the generator of such designated recyclable or organic materials or duly authorized City personnel or solid waste collector.

Sec. 12-6. Exemptions.
(a) Yard waste and/or green waste removed from a premises by a gardening, landscaping or tree trimming contractor having a City business license and as an incidental part of a total service offered by that contractor rather than as a disposal service, and tree trimmings, clippings and all similar materials generated at parks and other publicly maintained premises;
(b) Demolition debris removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor rather than as a disposal service; (c) The collection of hazardous material as part of a hazardous material collection activity authorized by the Imperial County Environmental Health Department, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable or explosive materials, insecticides and similar substances;
(d) Recyclable and organic materials which are generated at any residential premises or place of business and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a licensed solid waste or recycling facility in a manner consistent with this chapter and other applicable laws.

Sec. 12-7. Hazardous material collection.
(a) A Solid Waste Collector shall not be required to collect hazardous material as part of its regular collection activity. Liquid and dry caustics acids, flammable materials, explosive materials, insecticides, and similar substances shall not be deposited in collection receptacles. Any person collecting such substances shall, in addition to any requirements of state or federal law, obtain a permit therefore pursuant to the provisions of this chapter. (b) Biohazardous and/or medical waste (as defined in California Health and Safety Code Section 25117.5, as amended from time to time, or any successor provision or provisions thereto) shall not be collected by a solid waste collector as part of its regular collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy, and in accordance with the California Health and Safety Code. Disposal of biohazardous and/or medical waste shall be conducted pursuant to a permit issued under this chapter in addition to any requirements imposed by state law.

Sec. 12-8. Collection in emergencies.

In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances, where in the judgment of the City Manager the particular situation justifies such action, the City Manager may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon;

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Packet Pg. 195 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 18 provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding forty-five (45) days' duration shall be approved by the City Council.

Sec. 12-9. Hours of collection.

All solid waste collection from residential areas and areas immediately adjacent to residential areas shall be made between the hours of 7:00 a.m. and 8:00 p.m., and collections from commercial and industrial locations may start at 5:00 a.m.; provided, however, that the peace and quiet of residential neighborhoods is not disrupted.

The City Manager may require a solid waste collector to change hours of operation in commercial and industrial areas if, in the City Manager's sole opinion, disruption of residential neighborhoods occurs.

In the event that more than one (1) solid waste collector is permitted to operate in the City, whether by area or premises, the City Manager may, in their discretion, require that all refuse collection activities take place on the same day of the week in the specified area in order to minimize the traffic in any given area.

Sec. 12-10. Solid waste, recyclable and organic materials collection—Exception.

Solid Waste Collectors shall exercise all reasonable care and diligence in collection activities so as to prevent spilling, scattering or dropping solid waste, organic and recyclable materials, and shall immediately, at the time of occurrence, clean up any such spillage.

Sec. 12-11. Solid waste, organic and/or recyclable material containers.

It shall be the duty of every solid waste customer or designee to utilize the containers provided by the solid waste collector and, on the date and during the times designated for collection, place such containers in the area designated for collection. Except when placed for collection, such receptacles shall be kept and maintained only in storage locations prescribed by provisions of the City Code or otherwise in an inconspicuous location on the premises, as the same presently exists or as may be amended from time to time, or as specified by use permit or other entitlement for use.

The solid waste collector shall provide each solid waste customer with sufficient numbers of containers, specifically designed for the containment of various types of solid waste, organic and/or recyclable materials, each of which shall have suitable bales or handles and a tightfitting cover which shall prevent leakage or escape of odors, and which, when filled within four (4) inches of the top shall contain all solid waste, organic and/or recyclable materials which would ordinarily accumulate on such premises between collections. The exterior of such receptacles, including covers, shall be kept clean from accumulated grease or decomposing materials. The container colors must meet the applicable container color requirements and the City will have the final approval on container color specifications.

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Packet Pg. 196 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 19 Sec. 12-12. Placement of receptacles for collection. (a) Residential premises. It shall be the duty of every person having charge and control of any residential premises to set out or place receptacles for the collection of refuse, rubbish, miscellaneous debris and combined rubbish and/or other solid waste, organic and/or recyclable materials, as follows:

Receptacles shall be at the edge of the street in the curb-area in front of the dwelling, provided that the solid waste collector may designate some other location for the placement of receptacles when such placement will expedite collection, as approved by the City Manager.
(b) Commercial premises, multi-family dwelling and special event receptacles shall be placed in areas designed for such containers.

Sec. 12-13. Time and date of placement of receptacles.

No person shall place, or cause to be placed, any solid waste container in any public highway or in any place or in any manner other than that set out in this article; provided, or at any time other than the days established by the City for the collection thereof on the particular route involved, no earlier than sunset of the day preceding the day designated for collection, and all receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the receptacles have been emptied.

If the containers or receptacles are not emptied and the contents removed on the date and time scheduled by the solid waste collector, such person shall immediately notify the solid waste collector or the City, and it shall be the duty of the solid waste collector to forthwith arrange for the collection and disposal thereof.

Refuse, rubbish, organic and recyclable materials, and other solid waste which exceeds the limitations set forth may, in the discretion of the solid waste collector, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the solid waste collector for this service.

No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the City or a solid waste collector's agents or employees authorized for such purposes, shall tamper or meddle with any solid waste, organic recyclable materials receptacle or the contents thereof, or remove the contents thereof, or remove any receptacle.

Sec. 12-14. Solid waste removal.

Pursuant to the requirements of the California Administrative Code Section 17331(H) of Article 5 of Chapter 3 of Division 7 of Title 14, as those may be amended from time to time, all solid waste, organic and recyclable materials created, produced or accumulated in or about a residential premises (including multi-family) or commercial premises in the City shall be removed at least once each week. No person who is the occupant of any of the above-described premises shall fail or neglect to provide for the removal of such material at least as often as prescribed in this section.

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Packet Pg. 197 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 20 Sec. 12-15. Refuse disposal.

The solid waste collector shall dispose of collected wastes, at solid waste collector's sole expense, as required by this chapter, including but not limited to at a City approved landfill, transfer station (as defined in California Public Resources Code Section 40200) or other appropriate facility in a manner satisfactory to the City and in accordance with the provisions of this chapter and all federal, state and local laws and regulations.

Sec. 12-16. Special provisions regarding method of disposal.

The removal of wearing apparel, bedding or other refuse from residential premises or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the county health officer and such refuse shall neither be placed in receptacles nor left for regular collection and disposal.

Highly flammable or explosive or radioactive refuse shall not be placed in receptacles for regular collection and disposal, but shall be removed as permitted by law at the expense of the owner or possessor of the material.

Food wastes and food soiled paper shall be disposed of as provided in this chapter.

Refuse or other solid waste containing water or other liquids shall be drained before being placed in a black or blue container or receptacle. Matter that is subject to decomposition and not allowed in the green container shall be wrapped in paper or other material before being placed in a black container or receptacle.

No hazardous material, battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any rubbish, solid waste or other refuse which is to be collected, removed or disposed of by a solid waste collector. Such items shall be removed at the occupant's expense only after arrangements have been made with the solid waste collectors or City for such removal.

With the exception of packaged domestic animal waste and packaged animal waste associated with permitted on premises temporary raising of livestock for programs such as 4-H Clubs, animal waste, as defined in section 12-2, shall not be placed in receptacles for regular collection and disposal, but shall be removed at the occupant's expense.

Sec. 12-17. Burning, burial or dumping.

No person shall burn, bury or dispose of solid waste or hazardous material of any kind within the City except as provided in this chapter.

Sec. 12-18. Disposition of recyclable material—Green waste.

Solid waste collectors shall sell, give, donate or otherwise transfer recyclable material as provided in this chapter.

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Packet Pg. 198 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 21 Sec. 12-19. Use of solid waste collection vehicles.

Any person who desires to operate privately owned vehicles for transportation of solid waste, hazardous waste, green waste and/or recyclable material under provisions of this chapter shall utilize vehicles which are reasonably watertight and are provided with a tight cover to the reasonable satisfaction of the City Manager. The City Manager shall require the permittee to remove from service or repair any vehicle that allows or permits offensive odors to escape and/or material to be blown, dropped or spilled therefrom. The City Council shall specify additional provisions for vehicles utilized pursuant to a solid waste franchise.

Sec. 12-20. No parking of trucks on any City street.
(a) No person, between the hours of 8:00 p.m. and 5:00 a.m., shall leave a solid waste collection vehicle utilized pursuant to section 12-19 hereof parked on any City street. (b) No person, between the hours of 5:00 a.m. and 8:00 p.m., shall leave a solid wase collection vehicle utilized pursuant to section 12-19 hereof parked on any City street for more than one hour unless the City Manager is notified that a breakdown or emergency exists.

Sec. 12-21. Vehicles —Equipment required.

Each vehicle of a solid waste collector shall at all times have in the cab thereof the registration of the truck, a copy of the permit, a certificate of insurance, and an identification card with the name of a person to telephone in case of an accident or emergency. Each truck shall also be equipped with a minimum five-pound fire extinguisher certified by the California State Fire Marshal and recharged as needed, but not less than once annually. Each vehicle shall meet the requirements of state and federal law, specifically including but not limited to those regarding air quality.

All vehicles used for solid waste collection within the City shall be required to be completely enclosed with a nonabsorbent cover while transporting solid waste, organic or recyclable materials in or through the City. "Completely enclosed with a nonabsorbent cover" means that no solid waste, refuse, or rubbish shall be visible from the street, nor shall any of the substances be permitted to leak, spill or become deposited along the public streets.

All vehicles used in the course of solid waste, organic and/or recyclable materials collection shall be painted in colors approved by the City Manager and identified by truck numerals, a company logo, and local telephone number and shall be kept clean and in good repair at all times.

Sec. 12-22. Reserved
Sec. 12-23. Vehicle inspection.
(a) All vehicles shall be maintained in safe mechanical condition. (b) Each of the solid waste collector's vehicles shall be made available for inspection at the discretion of the City Manager at any point of operation.

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Packet Pg. 199 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 22 (c) A decal may be issued by the City for each vehicle complying with provisions of this article, which shall be placed on the vehicle in a conspicuous place.

Sec. 12-24. Solid waste collector's contact information.

Each solid waste collector must maintain a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking messages. Each solid waste collector shall maintain and keep updated a website which provides information on solid waste collection and rules. Each solid waste collector must review and respond to messages within one working day, if not sooner.

Sec. 12-25. Solid waste collector's employees.

Each solid waste collector shall provide high quality service to industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents and businesses of El Centro in a courteous, helpful and impartial manner. (1) The City may, at its option, require fingerprinting of the solid waste collector's employees whose services will cause them to enter onto or work in close proximity to private property.
(2) The solid waste collector shall be required to hire employees without regard to protected class or any association with a protected class, or any other non-merit factor.
(3) Any employee driving solid waste collector's trucks shall at all times have their possession a valid and appropriate vehicle operator's license issued by the State of California.
(4) Solid waste collector's employees shall be required to wear clean, identifiable uniforms when engaged in solid waste collection services within the City.

Sec. 12-26. Requirements for solid waste collector franchise. (a) Procedure and required information for solid waste collector permit. The applicant shall file a letter with the City Manager, executed under penalty of perjury of the laws of the State of California, containing the following information:
(1) Name and description of the applicant;
(2) Permanent business address and address of local office of the applicant; (3) Trade and firm name;
(4) If a corporation, joint venture or a partnership or limited partnership, the names of all officers, members partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses;

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Packet Pg. 200 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 23 (5) Facts indicating that the applicant has arranged for solid waste disposal in an area where the same may be legally accepted and disposed of as required by state law, this chapter and/or approved by the City;
(6) Desired collection area to be served and type of service to be provided; (7) Facts indicating that applicant is qualified to render efficient refuse collection service;
(8) Facts indicating that trucks and equipment conform to all applicable provisions of this chapter;
(9) Satisfactory evidence that applicant is in existence as a going concern and that the principals thereof possess not less than two (2) years actual operating experience in residential and/or commercial refuse collection and disposal; (10) Satisfactory evidence that applicant's experience as a going concern in residential and/or commercial refuse collection and disposal derives from operations of comparable size to that contemplated by the applicant; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served; (11) Evidence that applicant is in good standing in the State of California and, in the case of a corporation organized under the laws of any other state, evidence that applicant is licensed to do business in the State of California; (12) A detailed inventory of the applicant's equipment available for use in refuse collection area;
(13) A written statement that applicant has complied, or is capable of complying, with all regulations imposed by the City, the county and the state for the collection and disposal of solid waste;
(14) Facts indicating that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to conduct the business of refuse collection adequately if granted a permit, and that applicant owns or has access to suitable facilities for maintaining his or her equipment in a safe, clean and sanitary condition;
(15) Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for solid waste collection which can be legally served by the applicant;
(16) Such other pertinent facts or information as the City Manager may require, including evidence of state certification, if applicable; (17) Any of the above provisions in conflict with certification requirements imposed by state law shall not be required.

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Packet Pg. 201 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 24 (b) Fees and requirements for permit.
(1) Upon consideration of the information supplied by the applicant contained in the above-mentioned letter and following a public hearing conducted by the City Council upon at least ten (10) days prior written notice to the applicant, the City Council may issue a permit.
(2) Each permit granted shall apply to solid waste collection for an area of the City specified therein or, in the case of hazardous material or bio-hazardous and/or medical waste operations, specified commercial premises, and may be exclusive. (3) A fee for processing permit applications shall be set by resolution of the City Council, with review on a regular basis.
(c) Bonding of solid waste collector. Before granting a solid waste collector permit under the provisions of this chapter, the Council shall require the solid waste collector as a condition of the permit, to post with the City clerk a cash bond or surety bond in an amount determined by the Council and furnished by a corporate surety authorized to do business in the State of California, payable to the City. The bond shall be conditioned upon the full and faithful performance by the solid waste collector of obligations under the applicable provisions of this chapter, and shall be kept in full force and effect by the solid waste collector throughout the life of the permit and all renewals thereof. (d) Indemnification by solid waste collector.
(1) Indemnification of City. Solid waste collector shall agree to protect, defend with counsel approved by the City, indemnify and hold harmless the City, its elected and appointed officials, officers, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorney's fees, arising out of or resulting in any way from the grant of a permit to the solid waste collector or the solid waste collector's exercise of its responsibilities under this chapter unless such claim is due to the sole negligence or willful act of the City, its officers, agents or employees, agents or contractors.

Subject to the scope of this indemnification and upon demand of the City, made by and through the City attorney, the solid waste collector shall appear in and defend the City and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwise, arising out of the exercise of this chapter. In the event that the solid waste collector provides services under this chapter through a subcontractor, this indemnification shall cover the acts or omissions of the subcontractor to the same extent as to the solid waste collector. (2) Hazardous materials indemnification. Solid waste collector shall indemnify, defend with counsel approved by the City, protect and hold harmless the City, its elected and appointed officials, officers, employees, agents, assigns and any successor or successors to the City's interest from and against all claims, actual damages (including, but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response remediation and

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Packet Pg. 202 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 25 removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorney's and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its officers, employees, agents or solid waste collector arising from or attributable to any release, repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous material at any place where solid waste collector stores or disposes of municipal solid waste pursuant to this chapter. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA," 42 USC § 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify from liability. (e) Liability insurance. The solid waste collector shall obtain, and keep in force during the term of the permit, public liability and bodily injury insurance in amounts determined by the City Council, workers' compensation insurance covering all employees of the solid waste collector and any other insurance required by the City on the terms and conditions specified by the City. The amounts of such insurance may be adjusted by City from time to time in its sole discretion. Certificates of insurance endorsed to evidencing such coverage shall be filed with the City Clerk prior to the commencement of activities authorized by the permit and maintained at required levels throughout the term of the permit. The City and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain at a minimum a provision requiring a thirty (30) day notice to be given to the City prior to cancellation, modification or reduction of limits.
(f) Compliance with federal, state and local laws and regulations. The solid waste collector shall perform under the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The solid waste collector shall also comply with all other ordinances and regulations of the City and applicable laws and regulations of the County of Imperial, State of California and the United States, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof as well as with any and all other requirements specified by the City.

Sec. 12-27. Permit provisions.
(a) Fees. Any franchise issued pursuant to this chapter shall provide for the payment of franchise fees to the City, shall contain additional provisions agreed to by and between the City and solid waste collector, and shall constitute the written agreement of those parties. (b) Assignment or transfer of franchise. Except as otherwise specified in the franchise agreement, no assignment or transfer of a franchise issued pursuant to this chapter or any right accruing under such permit shall be made in whole or in part by the solid waste

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Packet Pg. 203 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 26 collector without compliance with the assignment and transfer provisions of the franchise and the prior express written consent of the City Council. In the event any assignment or transfer is authorized hereunder, the assignee shall assume, without qualification, the liability and all other obligations of the solid waste collector. (c) Each solid waste collector shall file with the City Clerk, on or before July 1 of each calendar year, a statement of ownership and shall verify the same as being true and correct under penalty of perjury under the laws of the State of California. (d) Revocation.
(1) A permit may be revoked at the option of the City Council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained hereunder. If it is determined by the City Manager that the solid waste collector has not complied with the provisions of this chapter, the permit, or any other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the solid waste collector in writing of noncompliance and shall order compliance within thirty (30) days. (2) If noncompliance is not corrected within the above-prescribed thirty-day period, the City Council, following a public hearing upon at least ten (10) days' prior written notice to the solid waste collector, may terminate the permit. The City Council's decision shall be final.

Sec. 12-28. Charges for solid waste collector service.
(a) Rate adjustments. Except as otherwise provided by the franchise agreement, all revisions in charges levied must be submitted to the City Council for review and action and must be approved by resolution of the City Council following a noticed public hearing as required by Proposition 218 or otherwise by law.

Sec. 12-29. Requirements for Solid waste collectors and Facility Operators. (1) Solid waste collectors shall:
(a) Provide an original and any replacement organic materials and/or recyclable materials receptacle(s) to each solid waste customer. The color of receptacle(s) may be approved by the City Council and shall not cause health or safety hazards to solid waste customers or solid waste collector personnel. The receptacle(s) shall be provided without charge and remain the solid waste collector's property. (b) Collect recyclable and/or organic materials at least once a week, on the same day, and during the hours specified for regular solid waste collection. No alternate collection schedule is permitted unless pre-approved in writing by the City Manager. Solid waste collectors may collect containers in the same manner as regular solid waste collection.

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Packet Pg. 204 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 27 (c) Provide recyclable and/or organic materials collection services to each location within the area(s) that the solid waste collector serves for regular solid waste collection. Such service shall be provided at rates approved under Proposition 218, as required, and by the City Council.
(2) Additional requirements for Solid waste collectors providing Organic Waste collection services
(a) Solid waste collectors providing residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a permit, contract, agreement, or other authorization with the City to collect Organic Waste:
(1) Through written notice to the City annually on or before March 1, identify the facilities to which they will transport Organic Waste, including facilities for Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste.
(2) Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(3) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and City’s C&D ordinance.
(b) Solid waste collector authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with City.
(c) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

Entities contacted by the City shall respond within 60 days. (2) Community Composting operators, upon City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

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Packet Pg. 205 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 28 Sec. 12-30. Solid waste collector reports.

Upon issuance of a franchise hereunder, the solid waste collector shall submit the following, except as otherwise provided in the franchise agreement:
(1) Annual reports. The solid waste collector shall prepare and submit an annual report, using a tabular and/or graphic format, or other commonly used data base management program (e.g., Excel, etc.) as approved by the City, within sixty (60) days after the close of each calendar year. The report shall include, but is not limited to, the following information:
a. A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of solid waste customers for each class of services;
b. A report, in a form satisfactory to the City, on the City's progress in meeting and maintaining its ability to meet its goals under the Acts as applied to the solid waste collector's service area, along with any recommended changes; c. A revenue statement, setting forth quarterly compliance fees, and the basis for the calculation thereof, certified for accuracy, under penalty of perjury under the laws of the state by an officer of the solid waste collector. (2) Monthly reports. Solid waste collector shall prepare monthly reports, using a tabular and/or graphic format or other commonly used data base management program as approved by the City, during the term of the franchise monthly reports shall be submitted to the City on a quarterly basis, within twenty (20) days from the end of each quarter. At a minimum, the reports shall include:
a. Summaries of tonnage collected and disposed of by generator type, disposal and/or recycling facilities used, and disposal fees paid; b. Summaries of tonnage of recyclable material and organic material collected, by material, and by route;
c. Summaries of tonnages of non-recyclables and contaminants disposed; d. Summaries of tonnages, using an approved sampling methodology, of each material sold of otherwise exchanged for processing, by material type; e. Average market process for each material sold, and processing charges or acceptance fees for organic waste to other applicable materials; f. Participation rates for each route in terms of set out counts and average pounds collected per solid waste customer;

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Packet Pg. 206 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 29 g. Description of progress in meeting the implementation schedule, including the problems encountered and how they were resolved;
h. Summaries of the number of service complaints by route, including the date, nature of complaint, and how it was resolved.
(3) Ad hoc reports. Solid waste collector shall provide all required reports of varying detail and format, as specifically requested by the City, to meet unforeseeable information queries of the California Integrated Waste Management Board, Imperial County Integrated Waste Management Task Force, or other public agencies or as otherwise requested by the City.
(4) Any other reports required by law or this chapter.

Sec. 12-31. Adverse information.

Solid waste collector shall provide the City two (2) copies of all reports, or other material adversely affecting the solid waste collector submitted by solid waste collector to the EPA, to CalRecycle or any other federal or state agency. Copies shall be submitted to the City simultaneously with solid waste collector's filing of such matters with said agencies. Solid waste collector's routine correspondence to such agencies need not be automatically submitted to the City, but shall be made available to the City upon written request. (1) Solid waste collector shall submit to the City copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the solid waste collector to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other governmental bodies relating specifically to solid waste collector's performance of services pursuant to the permit. Any confidential data exempt from public disclosure shall be retained in confidence by the City and its authorized agents and shall not be made available for public inspection.
(2) Solid waste collector shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require. (3) All reports and records required under this or any other section shall be furnished at the sole expense of the solid waste collector.
(4) A copy of each solid waste collector's annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporations and other entities, as the City requests, shall be submitted to the City within thirty (30) days after receipt of a request.
(5) All such reports and copies shall submitted electronically to the Public Works Director or Designee with confirmation of receipt evidenced by a received receipt from City.

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Packet Pg. 207 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 30 Sec. 12-32. Failure to report.

The refusal, failure or neglect of the solid waste collector to file any of the reports required, or to provide adverse information, or the inclusion of any materially false or misleading statement or representation made knowingly by the solid waste collector in such report shall be deemed a material default under the franchise, and shall subject the solid waste collector to all remedies, legal or equitable, which are available to the City under the permit or otherwise.

Sec. 12-33. Additional requirements of solid waste collectors (a) Solid waste collectors other than the exclusive franchisee shall obtain and maintain a business license with the City.
(b) Solid waste collectors shall keep separate in separate containers those refuse, recyclable materials, and organic materials that have been source-separated by commercial generators multi-family generators, residential premises, or special events. (c) Solid waste collectors shall ensure that segregated recyclable materials are delivered to a recycling facility and that segregated organic materials are delivered to an organic materials processing facility, except that a container that contains unacceptable levels of contamination may be delivered for refuse disposal if the solid waste collector notifies the City of the occurrence; the date of the occurrence; and the account name, primary contact, phone number, billing address, and service address for the solid waste customer at which the container is located.
(d) Within five days of a written request by the City by letter or email, solid waste collector(s) shall provide progress reports providing the following information, at a minimum:
(1) Total number of solid waste customers to whom the solid waste collector currently provides refuse, recyclable materials, and organic materials collection service within the City's boundaries;
(2) For each solid waste customer, the account name, identifying number, primary contact, phone number, billing address, and service address; (3) Information on the type of collection service provided, such as refuse, recyclable materials, or organic materials services;
(4) The weekly volume and type of collection service provided, including the number, type, and size of containers serviced and the days of service for each container; (5) Name and location of the solid waste facilities where materials are delivered for processing;
(6) List of accounts not in compliance with this chapter, including whether they are waived based on the exemptions in sections 12-47 below.

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Packet Pg. 208 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 31 ARTICLE II. MANDATORY RECYCLING AND ORGANIC WASTE DISPOSAL

REDUCTION
Sec. 12-34. Purpose of this article.

Sec. 12-35. Commercial and Multi-Family Residential generators.

Each commercial customer, multi-family dwelling or entity responsible for a special event, shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter and specifically this article II. Each solid waste customer shall:
(a) Subscribe to an adequate level of service for recyclable materials and, when applicable, organic materials generated at the commercial premises, multi-family dwelling, or special event if the customer does not self-haul those recyclable materials or organic materials to a recycling or organics materials processing facility pursuant to the provisions of section 12-39 of this article. (b) Provide, directly or through the solid waste collector, appropriate and sufficient containers, placed in appropriate and accessible locations with adequate signage, to ensure maximum segregation of recyclable materials by all commercial generators, multi-family generators, and special events and to ensure maximum segregation of organic materials by food service providers.
(c) Provide, post and maintain signs containing information and instructions on the proper segregation and storage of recyclable materials and organic materials in areas where containers are located. The signs shall meet the requirements of CalRecycle when available and the hauler shall provide sample signs. (d) Ensure that all containers used for collecting and storing recyclable materials and organic materials (1) are labeled with or have adjacent to the container signs that display the appropriate information to enable users to clearly differentiate which containers are used for recyclable materials, organic materials, and refuse; (2) display the name of the solid waste collector that provides collection service of the container; and (3) ensure that users of the containers make efforts to minimize the contamination of material placed in the containers.
(e) Distribute this chapter 12 and appropriate educational materials to all commercial generators, multi-family generators, and legal entities responsible for special events at the commercial premises or multi-family dwelling at least once each year by mail or personal delivery. All new commercial generators, multi-family generators, and special events shall receive this information upon occupancy or contracting for service.
(f) Educational materials shall include (1) the requirement and procedures to ensure the accurate segregation of recyclable materials and organic materials from refuse; (2) the commercial generator's, multi-family generators, or special event's responsibilities regarding compliance with this chapter; and (3) the types and location of recyclable materials, organic materials, and refuse containers.

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Packet Pg. 209 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 32 (g) Ensure that instructions or training materials provided to commercial generators, multi-family generators, and special events are promptly made available to the City upon request.
(h) Ensure that the contents of the recyclable materials and organic materials containers are not collected for refuse disposal unless the contents of these containers include unacceptable levels of contamination.
(i) Customers shall pay an additional fee based on the size of the container for recyclable materials and organic materials containers that are collected for refuse disposal by the franchisee if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination as defined pursuant to section 12-1.

Sec. 12-36. Commercial generators.

In addition to the requirements of section 12-35, each commercial generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter.

Each commercial generator shall:
(a) Ensure the segregation of recyclable materials and organic materials from refuse by placing each type of material in a separate designated receptacle or container, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and organic materials. (b) Provide an adequate number and type of labeled receptacles needed for segregating and storing recyclable materials and organic materials and provide adequate access to those receptacles.
(c) Post and maintain signs containing information and instructions on the proper segregation and storage of recyclable materials and organic materials in areas where receptacles are located.
(d) Ensure that all receptacles used for collecting and storing recyclable materials, organic materials, and refuse are labeled with signs or labels that display the appropriate information to enable users to clearly differentiate which receptacles are used for recyclable materials, organic materials, and refuse, to minimize the contamination of material placed in receptacles.
(e) Provide adequate instructions to employees, contractors, and volunteers of the requirements of this chapter, including (1) the requirement and procedures to ensure the segregation of recyclable materials and organic materials from refuse; (2) the employee's, contractor's, and volunteer's responsibilities regarding compliance with this chapter; and (3) the types and location of receptacles and containers for recyclable materials, organic materials, and refuse.
(f) Ensure that instructions or training materials provided to employees, contractors, and volunteers are promptly made available to the City upon request.

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Packet Pg. 210 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 33 (g) Ensure that the contents of receptacles are deposited in the proper container and ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to refuse containers.
(h) Commercial generators may be assessed an additional fee based on the size of the container for recyclable materials and organic materials containers that are collected for refuse disposal by the franchisee if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination.
(i) Commercial generators that are Tier One or Tier Two Commercial Edible Food Generators also shall comply with Food Recovery requirements, pursuant to Section 12-47
Sec. 12-37. Special events.

The entity responsible for a special event shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. In addition to other requirements in this chapter and the Municipal Code, each special event shall:
(a) Segregate recyclable materials and, for special events that include food service or use food service establishments, organic materials from refuse by placing each type of material in a separate designated receptacle or container, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and organic materials.
(b) Ensure the special event has access to an adequate number and type of containers needed for collecting and storing recyclable materials and, when applicable, organic materials generated at and by the special event. (c) Provide or ensure the provision of adequate receptacles throughout the special event location to make the segregation of recyclable materials and organic materials convenient for employees, volunteers, contractors, vendors, exhibitors, presenters, visitors, attendees, customers, and other persons on site. (d) Provide or ensure the provision of an equal or greater number of receptacles for recyclable materials and, when applicable, organic materials to receptacles for refuse. Individual receptacles for recyclable materials, organic materials, and refuse shall be placed as close together as possible throughout the special event location in order to provide equally convenient access to receptacles for recyclable materials and organic materials as to receptacles for refuse.
(e) Ensure that all receptacles used for segregating and storing recyclable materials, organic materials, and refuse are affixed with signs or labels that display the appropriate information to enable users to accurately segregate solid waste and to clearly differentiate which receptacles are used for recyclable materials, organic materials, and refuse, to minimize the contamination of material placed in receptacles.

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Packet Pg. 211 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 34 (f) Require food vendors and food service establishments to have at least one separate receptacle each for recyclable materials, organic materials, and refuse for use by employees, contractors, custodians, customers, visitors, and other persons on site. (g) Distribute chapter requirements and appropriate informational materials to all vendors, exhibitors, and other commercial generators during event planning and setup.
(h) Ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to refuse containers unless they include unacceptable levels of contamination.

Sec. 12-38. Single-Family generators.

Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in 12-39(b). City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Single-Family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. (1) Generator shall place Source Separated Green Container Organic Waste, including food waste in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green Container or Blue Container.

Sec. 12-39. Self-haulers.
(a) Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, multi-family generator, or special event from self-hauling recyclable materials or organic materials generated by that entity to a recycling or organics materials processing facility before placement in the solid waste stream.
(b) Self-haulers shall:
(1) Comply with the requirements in this chapter by delivering for recycling those items that can be recycled by local recycling facilities and establishments and shall

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Packet Pg. 212 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 35 comply by delivering for organic materials processing those items that are accepted by local organic materials processing facilities.
(2) Provide proof of compliance with this chapter, upon request by the City; proof includes but is not limited to a receipt from a recycling or organic materials processing facility that clearly identifies the type and quantity of material delivered and an application for exemption from the necessity for refuse collection. (3) Source separate all recyclable materials and Organic Waste (materials that City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(4) Haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. (5) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
(A) Delivery receipts and weight tickets from the entity accepting the waste. (B) The amount of material in cubic yards or tons transported by the generator to each entity.
(C) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. (c) Notwithstanding, self-haulers shall not dispose of any solid waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in section 12-43.

Sec. 12-40. City authority.

The City Enforcement Official is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the City Enforcement Official may inspect any collection container and any solid waste collector's load for refuse, recyclable materials, or organic materials. To the extent permitted by law, the City Enforcement Official also may inspect the

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Packet Pg. 213 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 36 premises of any residential premise, commercial premises, multi-family dwelling, or special event or self-hauler's load to determine compliance with the provisions of this chapter.

Sec. 12-41 Information and Enforcement.
(a) The City Enforcement Official shall enforce this chapter with the goal of maximizing the amount of recyclable materials and organic materials properly segregated and ensuring that recyclable materials and organic materials that have been properly segregated by the solid waste customer, commercial premise, multi-family generator, or special event are correctly collected and delivered to recycling and organics materials processing facilities. (b) The City shall require the solid waste collector to conduct the following activities to enforce this chapter:
(1) Provide details on the requirements of this chapter to affected solid waste customers, commercial premises, multi-family generators, and special events; (2) Develop and disseminate public education and promotional materials relating to the importance of recycling and organic materials processing and the availability of recycling and organic materials processing opportunities available to solid waste customers, commercial generators, multi-family generator, and special events; (3) Provide technical assistance and training to solid waste customers, commercial generator, multi-family generators, and special events to increase recycling; (4) Enforce provisions of the franchise agreement for collection of recyclable materials, organic materials, and refuse with the franchisee to stimulate demand for recyclable materials and organic materials collection service. (c) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (d) The City Enforcement Official will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 12-42 establishes City’s right to conduct Inspections and investigations.
(1) City may issue an official notification to notify regulated entities of its obligations under the ordinance but is not required to do so before enforcement.

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Packet Pg. 214 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 37 Sec. 12-42. Inspections and investigations by City
(a) The City Enforcement Official is authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection without an inspection warrant or consent of the occupant or property owner.
(b) All generators shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City Enforcement Official during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to a generator’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. which require disclosure of closed investigation records.
(d) The City Enforcement Official is authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

Sec. 12-43. Penalties.
(a) Except as otherwise provided, violation of any provision of this chapter shall be an infraction to be enforced by administrative citation. The administrative citation amounts under the City Code are consistent with the highest amounts required by SB 1383.

Notwithstanding, at the discretion of the City Attorney, a violation may be determined to be a misdemeanor and enforced criminal.
(b) Any violation of this chapter also shall constitute a public nuisance subject to the code enforcement provisions of this City Code.
(c) Notwithstanding, the City Attorney with the direction of the City Council may pursue any other remedy legally available to the City.

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Packet Pg. 215 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 38 (d) Enforcement of Container Contaminant provisions:
(1) For incidences of Prohibited Container Contaminants found in containers, City through the solid waste collector shall issue a written warning, entitled “Notice of Violation” to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag provided by the solid waste collector or by mail other communication upon identification of the Prohibited Container Contaminants. The Notice of Violation shall require compliance with the container contamination requirements immediately upon receipt of the Notice. (2) If Prohibited Container Contaminants in a generator’s containers are reported on more than three (3) consecutive occasion(s) after receipt of Notice of Violation, the City may issue an administrative citation which shall be served in the manner required by this City Code. .
(e) Civil Penalties for Non-Compliance
(1) Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 12- 41, as needed.
(2) Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this chapter, it shall document the noncompliance, provide a written warning, and thereafter issue an administrative citation(s) or take other action to achieve compliance.

Sec. 12-44. No effect on other powers.
(a) This chapter does not do any of the following:
(1) Otherwise affect the authority of the City or its designee to take any other action authorized by any other provisions of law or regulations. (2) Restrict the power of a City attorney, district attorney, or the attorney general to bring in the name of the people of California any criminal proceeding otherwise authorized by law.
(3) Prevent the City from cooperating with, or participating in, any proceeding. (4) Affect in any way existing contractual arrangements including franchises, permits, or licenses previously granted or entered into between the solid waste collectors and City.

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Packet Pg. 216 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 39 (b) Cumulative remedies. Any remedy provided under this chapter is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the City to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the City. Except for criminal proceedings, the fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the City from the persons, firms, or corporations using or chargeable for such services and shall be collectible in the manner provided by law.
(c) Liability. Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers, agents, contractors or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).

Sec. 12-45. Disclaimer of liability.

The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclable materials, organic materials, or refuse. This chapter shall not create liability on the part of the City, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling solid waste within the boundaries of the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

Sec. 12-46. Duties discretionary.

Subject to the limitations of due process and applicable requirements of state or federal laws, and notwithstanding any other provisions of this chapter, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

Sec. 12-47. Waivers for Generators
(a) De Minimis Waivers. The City may waive a Commercial Generators’ obligation (including Multi-Family Residential Generators) to comply with some or all of the Organic Waste requirements of this ordinance only if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 12-47(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that which the waiver is requested and provide documentation as noted in Section 12-47(a)(2) below. (2) Provide documentation that either:

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Packet Pg. 217 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 40 (A) The Commercial Generators’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, (B) The Commercial Generators’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify City in writing within fifteen days if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years upon the date of initially approval, if City has approved de minimis waiver and there has been no change of circumstances.
(b) Physical Space Waivers. City may waive a Commercial Generators’ or property owner’s obligations (including Multi-Family Residential Generators) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has written evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 12-35 through Section 12-38.

A Commercial Generator or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers and cannot be modified to provide such space, including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to City that it is still eligible for physical space waiver every five years on the anniversary date of the waiver, if City has approved application for a physical space waiver.
(4) Notify the City in writing within fifteen days if there is a change in the premises which would allow adequate space for such Containers, at which time the waiver will be revoked.

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Packet Pg. 218 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 41 Sec. 12-48. Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Special Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow City’s Enforcement Official or Designee to access and inspect the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled.

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Packet Pg. 219 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 42 (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

Sec. 12-49. Requirements for Food Recovery Organizations and Services (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or

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Packet Pg. 220 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 43 more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1. Said date may be amended by City to align with regional goals with 30 day notice to Food Recovery Organizations and Food Recovery Services in the City.
(d) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, hauler, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

Sec. 12-50. Compliance with CalGreen Recycling Requirements (a) Persons applying for a permit from the City for new construction and building additions and alternations where the project is covered by the scope of CAL Green shall comply with the requirements of all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and adopted by City Ordinance Section 7-77. Project applicants shall refer to City Ordinance Section 7-77 for complete CALGreen requirements. It is the responsibility of such applicants to determine the applicability of City Ordinance Section 7-77. Failure to identify a project included within the CALGreen requirements is grounds for immediate denial of the project and retention of all fees paid.

Secs. 12-51—12-75. Reserved.

Section 3. Severability.

If any section, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The City hereby declares that it would have passed the ordinance codified in this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 4: This Ordinance shall take effect thirty (30) days from and after its adoption.

14.a
Packet Pg. 221 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 44 Section 5: Within fifteen (15) days after adoption, a summary of this Ordinance shall be published once in a newspaper, published and circulated within City of El Centro, California, and there shall be posted in the Office of the City Clerk a certified copy of the full text of this Ordinance INTRODUCED at a regular meeting of the City Council of the City of El Centro California, held on the 1st day of March 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2022.

CITY OF EL CENTRO
By:____________________________
Tomas Oliva, Mayor
ATTEST:

By: ___________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By:_______________________________
Elizabeth L. Martyn, City Attorney

14.a
Packet Pg. 222 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) 45 STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Ordinance No. 22- had its first reading on March 1, 2022, and had its second reading on March 15, 2022, and was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

AYES:

NOES:

ABSENT:

ABSTAINED:

By: ___________________________
Norma Wyles, City Clerk

14.a
Packet Pg. 223 Attachment: Ordinance 22- SB1383 (5376 : SB1383 Ordinance) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Agreement
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5373) DOC ID: 5373
Discussion and any necessary action regarding the approval of a contract with Pegasus Telecommunications Consulting Group regarding the Police Station design project
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 22- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES WITH COMSITE PACIFIC, INC., DBA PEGASUS TELECOMMUNICATIONS

CONSULTING GROUP FOR TELECOMMUNICATIONS CONSULTING AND

ENGINEERING SERVICES RELATING TO THE CITY OF EL CENTRO POLICE STATION

PROJECT
FISCAL IMPACT:

No impact to the General Fund
$185,000 in Measure P funds. The expense is accounted for in the project budget.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 2 Environmental Sustainability & Infrastructure - Action 2.8 Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts.

Goal 3 Community Health, Safety & Welfare - Action 3.1 Procure and deploy technology needed to deliver essential services to enhance public safety.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Sole source due to compatibility of equipment with existing Motorola systems.

BACKGROUND:

The design of the Police Station continues to move forward and is approaching 90% design. As part of the design process, an evaluation of existing communication and tower systems is to be evaluated. Based on this evaluation, recommendations will result relating to ability to transfer existing equipment, need of existing or new communication mono pole tower and procedures and coordination for said transfer and integration of equipment from existing to new facility.

DISCUSSION:

At the recommendation of Motorola, the Police's communication services vendor, city has requested and received a proposal from Pegasus Telecommunications Consulting Group to perform said report and coordination efforts with the project design team.

CONCLUSION:

Adopt Resolution No. 22- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A CONSULTANT AGREEMENT FOR PROFESSIONAL 15 Packet Pg. 224
Resolution (ID # 5373) Meeting of February 15, 2022
SERVICES WITH COMSITE PACIFIC, INC., DBA PEGASUS TELECOMMUNICATIONS

CONSULTING GROUP FOR TELECOMMUNICATIONS CONSULTING AND

ENGINEERING SERVICES RELATING TO THE CITY OF EL CENTRO POLICE STATION

PROJECT
ATTACHMENTS:
• Resolution 00061938 (PDF)
• Consultant Agreement 00062365 (PDF)
• Exhibit A - El Centro PD PHASE II Proposal 012822 PTCG (PDF) 15 Packet Pg. 225
01/2022/liz/A22-0002/Reso/Agmnt/
ComsitePacificInc/ConsultingServices
RESOLUTION NO. 22 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A CONSULTANT

AGREEMENT FOR PROFESSIONAL SERVICES WITH
COMSITE PACIFIC, INC., DBA PEGASUS

TELECOMMUNICATIONS CONSULTING GROUP FOR

TELECOMMUNICATIONS CONSULTING AND

ENGINEERING SERVICES RELATING TO THE CITY OF

EL CENTRO POLICE STATION PROJECT
WHEREAS, the City of El Centro (“the City”) operates telecommunications under a Motorola system; and
WHEREAS, Motorola directed the City to Pegasus Telecommunications Consulting Group for telecommunication consulting services due to the specific nature of work as allowed by City Code Section 2-177(a)(1); and
WHEREAS, it is necessary for the City Council of the City of El Centro, California, (hereinafter referred to as “City Council”) to approve a Consultant Agreement with Comsite Pacific, Inc., for telecommunications consulting and engineering services relating to the City of El Centro Police Station Project (hereinafter referred to as “Agreement”); and WHEREAS, the City Council finds that its approval of said Agreement is in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted hereby.

2. That the City Council does hereby approve the Consultant Agreement between the City and Comsite Pacific, Inc., dba Pegasus Telecommunications Consulting Group for telecommunications consulting and engineering services relating to the City of El Centro Police Station Project.

3. That the City Manager or designee, is hereby authorized to sign said Agreement, a copy of which is on file in the Office of the City Clerk, on behalf of the City of El Centro, California and to take any and all necessary action for its implementation

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Packet Pg. 226 Attachment: Resolution 00061938 (5373 : Award Pegasus communication police station) 01/2022/liz/A22-0002/Reso/Agmnt/
ComsitePacificInc/ConsultingServices
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2022.

CITY OF EL CENTRO
By _____________________
Tomas Oliva, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

15.a
Packet Pg. 227 Attachment: Resolution 00061938 (5373 : Award Pegasus communication police station)

CONSULTANT AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN THE

THE CITY OF EL CENTRO
AND
COMSITE PACIFIC, INC., DBA PEGASUS TELECOMMUNICATIONS CONSULTING GROUP

FOR TELECOMMUNICATIONS CONSULTING AND ENGINEERING SERVICES

RELATING TO THE

CITY OF EL CENTRO POLICE STATION PROJECT

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ComsitePacificInc/PDProject Page 2 of 27

CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND
COMSITE PACIFIC, INC., DBA PEGASUS TELECOMMUNICATIONS CONSULTING

GROUP FOR TELECOMMUNICATIONS CONSULTING AND ENGINEERING

SERVICES RELATING TO CITY OF EL CENTRO POLICE STATION PROJECT THIS AGREEMENT (“this Agreement” or “the Agreement”) is made and entered into by the City of El Centro, (“the City”) and Comsite Pacific, Inc., dba Pegasus Telecommunications Consulting Group an active California Corporation, (“the Consultant”) for the Consultant to provide telecommunications consulting and engineering services (“the Consulting Services”) for the City of El Centro Police Station Project (“the Project”). City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”

RECITALS
City wishes to retain the services of a professional firm to provide the Consulting Services compatible with and designated by Motorola, which services the City; City and the Consultant now wish to enter into an agreement whereby the City will retain the Consultant to provide, and the Consultant shall provide, the Consulting Services for the Project.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:

ARTICLE I

CONSULTING SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.

1.1 Scope of Services.

The scope of services will include telecommunications consulting and engineering services as further described in Exhibit A .

1.2 Task Administrator.

The Public Works Department is the task administrator for this Agreement. The Consultant shall provide the Consulting Services under the direction of the Public Works Director or designee (“the Director”). The Director will communicate with the Consultant on all matters related to the administration of this Agreement and the Consultant’s performance of the Consulting Services rendered hereunder. When this Agreement refers to communications to or

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with the City, those communications will be with the Director unless the Director or the Agreement specifies otherwise.

1.3 City Modification of Scope of Services.

The City may, without invalidating this Agreement, order changes in any task by altering, adding to or deducting from the Consulting Services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Consultant’s cost of, or the time required for, the performance of any of the Consulting Services, the Consultant shall so notify the City. If appropriate, an equitable adjustment to the Consultant’s compensation may be made, provided that any adjustment must be pre-approved by the Parties in writing; the City’s approval shall come from the City Council.

1.4 Written Authorization.

Prior to performing any Consulting Services in connection with the Project, the Consultant shall obtain from the City a written authorization to proceed. The Consultant shall advise the City in writing immediately of any anticipated change in any task, fee schedule or time schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve the Consultant from its duty to render all Consulting Services in accordance with applicable laws and accepted industry standards.

1.5 Confidentiality of Services.

All Consulting Services performed by the Consultant, including but not limited to all drafts, data, correspondence, proposals, reports and estimates compiled or composed by the Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees.

Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the Consultant by the City, (b) subsequently becomes publicly known through no act or omission by the Consultant or (c) otherwise becomes known to the Consultant other than through disclosure by the City as needed to establish a defense. Except for Subcontractors (as that term is defined in section 4.4), neither the documents nor their contents shall be released to any third party without the prior written consent of the City.

ARTICLE II

DURATION OF AGREEMENT

2.1 Term of Agreement.

This Agreement shall be effective as of the last signature date in this agreement and will remain in effect until the Consulting Services are completed, but in no event later than one (1) year from the date of approval and may be extended for one (1) year by mutual agreement, unless sooner terminated pursuant to the provisions of this Agreement.

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2.2 Time of Essence.

The Parties agree that time is of the essence for each provision of this Agreement, unless otherwise specified in this Agreement.

2.3 Notification of Delay.

The Consultant shall immediately notify the City in writing of any delay in completion of the Consulting Services. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If the delay affects a material part of the Project, the City may exercise its rights under sections 2.5-2.9 of this Agreement.

2.4 Delay.

If delays in the performance of the Consulting Services are caused by unforeseen events beyond the control of the Parties, such delay may entitle the Consultant to a reasonable extension of time, but such delay shall not entitle the Consultant to damages or additional compensation.

The following conditions may constitute such a delay: war, changes in law or government regulation, labor disputes, strikes, fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Consultant’s work, inability to obtain materials, equipment or labor, required additional Consulting Services or other specific reasons agreed to between the City and the Consultant; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the negligent acts or omissions of the Consultant; and (b) that a delay caused by the inability to obtain materials shall not entitle the Consultant to an extension of time unless the Consultant furnishes the City, in a timely manner, documentary proof, to the City’s satisfaction, of the inability to obtain materials.

2.5 City’s Right to Suspend for Convenience.

The City may, at its sole option and for its convenience, suspend all or any portion of the Consultant’s performance of the Consulting Services, for a reasonable period of time not to exceed six (6) months. In accordance with the provisions of this Agreement, the City will give written notice to the Consultant of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Consultant a sum equivalent to the reasonable value of the Consulting Services the Consultant has performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Consultant. The City may then require the Consultant to resume performance of the Consulting Services in compliance with the terms and conditions of this Agreement; provided, however, that the Consultant shall be entitled to an extension of time equal to the length of the suspension, unless otherwise agreed to in writing by the Parties.

2.6 City’s Right to Terminate for Convenience.

The City may, at its sole option and for its convenience, terminate all or any portion of the Consulting Services agreed to pursuant to this Agreement by giving written notice of such termination to the Consultant. Such notice shall be delivered by certified mail with return receipt for delivery to the City. The termination of the Consulting Services shall be effective upon

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receipt of the notice by the Consultant. After termination of this Agreement, the Consultant shall complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Consultant up to the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Consultant’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant discharges the City of all of the City’s payment obligations under this Agreement.

2.7 City’s Right to Terminate for Default.

If the Consultant fails to adequately perform any obligation required by this Agreement, the Consultant’s failure constitutes a default (“a Default” or “the Default”). If the Consultant fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the City specifying the nature of the Default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right of the Consultant, and any person claiming any rights by or through the Consultant under this Agreement. The rights and remedies of the City enumerated in this section 2.7 are cumulative and shall not limit, waive or deny any of the City’s rights under any other provision of this Agreement, nor does this section 2.7 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.

2.8 Replacement of Consultant.

If the Consultant for any reason does not complete all the services contemplated by this agreement, the Consultant cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Consultant is used, modified or completed by another party of the City. Accordingly, the City agrees, to the fullest extent permitted by law, to indemnify, defend and hold the Consultant harmless from any claim, liability or cost (including reasonable attorney’s fees and defense casts) for injury or loss arising or allegedly arising from such reuse, modification of completion made by any party to any contract documents prepare by the Consultant.

2.9 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.

If the Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to or demand upon the Consultant, immediately cancel and/or terminate this Agreement and terminate each and every right of the Consultant and any person claiming any rights by or through the Consultant. The rights and remedies of the City enumerated in this section 2.8 are cumulative and shall not limit, waive or deny any of the City’s rights under any other provision of this Agreement, nor does this section 2.8 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.

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ARTICLE III

COMPENSATION

3.1 General.

The City shall pay the Consultant for all the Consulting Services and all expenses related to performance under this Agreement in an amount not to exceed that set forth in the fee schedule also included within Exhibit “A.” The Consultant shall be entitled to compensation for the Consulting Services under this Agreement, whether within the scope of work for any task, or as additional services, based on the fee schedule.

3.2 Payment to the Consultant shall not be withheld, postponed of made contingent on the construction, completion or success of the project or upon receipt by the City of offsetting reimbursement or credit from other parties caused additional services or expenses. No withholding, deductions of offsets shall be made from Consultant compensation for any reason unless the Design Professional has been found to be legally liable for such amounts.

3.3 Manner of Payment.

The Consultant shall complete all work required by this Agreement for a not to exceed sum of one hundred eighty-five thousand dollars and cents ($185,000.00).

3.3.1 Manner of Payment. The Consultant shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis for each Task Consultant shall further provide a report with each invoice that includes the total cumulative Agreement expenses.

3.4 Additional Services.

If the City requires additional Consulting Services (“Additional Services”) beyond the task, except for Additional Costs (as that term is defined in section 3.6), the Consultant will be paid an additional fee. Additional Services shall be in accordance with the rates provided in the fee schedule. The City and the Consultant must agree in writing upon such fee prior to the Consultant beginning the Additional Services.

3.5 Changed Conditions
Should City or Consultant’s determine there is a need to reconsider provisions of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant or City. Should either party call for contract renegotiation, the Consultant shall identify the changed condition necessitating renegotiation and the Consultant and the City, shall promptly and in good faith enter into renegotiation of this agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this agreement.

3.6 Additional Costs.

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Additional costs (“Additional Costs”) are those costs that can be reasonably determined to be related to the Consultant’s negligent errors or omissions, and may include Consultant, City or Subcontractor (as that term is defined in section 4.4) overhead, construction, materials, demolition and related costs. The Consultant shall not be paid for the Consulting Services required due to the Consultant’s negligent errors or omissions, and the Consultant shall be responsible for any direct damages associated with such negligent errors or omissions. These Additional Costs may be deducted from monies due, or that become due, the Consultant. If, due to Consultant’s error, any required item or component of the project is omitted from the Consultant’s construction documents, the Consultant shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have otherwise been necessary to the project or otherwise adds value or betterment to the project. In no event will the Consultant be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.

ARTICLE IV
CONSULTANT’S OBLIGATIONS

4.1 Industry Standards.

In addition to the Consultant’s covenants described in Article VI hereof, the Consultant agrees that the Consulting Services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional analysis firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California. Where approval by the City, the City Manager or other representatives of the City is required, it is understood to be general approval only and does not relieve the Consultant of responsibility for complying with applicable laws, codes and good consulting practices in effect at contract execution or changes reasonably known.

4.2 Right to Audit.

4.2.1 Access. The City retains the right to review and audit, and the reasonable right of access to Consultant’s and all Subcontractor’s (as that term is defined in section 4.4) premises to review and audit the Consultant’s compliance with the provisions of this Agreement (“the City’s Right”). The City’s Right includes the right to inspect and photocopy same, and to retain copies, outside of the Consultant’s premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by City in its sole discretion. This information shall be kept by the City in strictest confidence allowed by law.

4.2.2 Audit. The City’s Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Consultant is in compliance with all requirements under this Agreement.

4.2.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s Right includes the right to examine books, records, documents and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred or anticipated to be incurred.

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4.2.2.1.1 Accounting Records. The Consultant shall maintain complete and accurate records in accordance with generally-accepted accounting practices in the industry. The Consultant shall make available to the City for review and audit all Project related accounting records and documents and any other financial data. Upon the City’s request, the Consultant shall submit exact duplicates of originals of all requested records to the City.

4.2.3 City’s Right--Binding on Subcontractors. The Consultant shall include the City’s Right as described in section 4.2, in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subcontractors (as that term is defined in section 4.4).

4.3 Insurance.

The Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein.

4.4 Subcontractors.

The Consultant’s hiring of or retaining any third parties (singularly, “a Subcontractor” or “the Subcontractor;” in the plural, “Subcontractors” or “the Subcontractors”) to perform services related to the Project (“the Subcontractor Services”) is subject to prior approval by the City. The Consultant shall list all Subcontractors known to the Consultant at the time this Agreement is entered. If at any time after this Agreement is entered into the Consultant identifies a need for additional Subcontractor Services, the Consultant shall give written notice to the City of the need, at least forty-five (45) days before entering into a contract for such Subcontractor Services.

The Consultant’s notice shall include a justification, a description of the scope of work and an estimate of all costs for the Subcontractor Services. The Consultant may request that the City reduce the forty-five (45) day notice period. The City agrees to consider such requests in good faith.

4.4.1 Subcontractor Contract. All contracts entered into between the Consultant and a Subcontractor shall contain the information as described in sections 4.6, 4.7 and, 4.10.2 as well as any other information, terms and conditions required elsewhere in this Agreement to be included in said agreements) and shall also provide as follows:

4.4.1.1 For each design professional Subcontractor, each Subcontractor shall disclose or obtain insurance policies which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. Each Subcontractor shall obtain, and the Consultant shall require the Subcontractor to obtain, all policies described in Exhibit C.

4.4.1.2 The Consultant is obligated to pay the Subcontractor, for Consultant- and City-approved invoice amounts, out of amounts paid by the City to the Consultant, not later than fourteen (14) working days from the Consultant’s receipt of payment from the City. Nothing in this paragraph shall be construed to impair the right of the Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves.

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4.4.1.3 In the case of a deficiency in the performance of Subcontractor Services, the Consultant shall notify the City in writing of any withholding of payment to the Subcontractor, specifying: (a) the amount withheld, (b) the specific cause under the terms of the subcontract for withholding payment, (c) the connection between the cause for withholding payment and the amount withheld and (d) the remedial action the Subcontractor must take in order to receive the amount withheld. Once the Subcontractor corrects the deficiency, the Consultant shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Consultant’s receipt of the City’s next payment.

4.4.1.4 In any dispute between the Consultant and a Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute.

The Consultant agrees to defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Consultant and a Subcontractor should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.

4.4.1.5 The Subcontractor is bound to the same requirements as the primary consultant for assurances to the City regarding non-discrimination covenants set forth in section 4.6.

4.5 Contract Activity Report.

The Consultant shall submit statistical information to the City as requested in the City’s contract activity report (“the Contract Activity Report”). The statistical information shall include the amount of subcontracting provided by firms during the period covered by the Contract Activity Report. With the Contract Activity Report, the Consultant shall provide an invoice from each Subcontractor listed in the report. The Consultant agrees to issue payment to each firm listed in the Report within fourteen (14) working days of receiving payment from the City for Subcontractor Services as described in section 4.4.1.

4.6 Non-Discrimination Requirements.

The Consultant shall not discriminate on the basis of race, gender, gender identity, gender expression, religious creed, national origin, color, sexual orientation, age, disability (mental and physical) including HIV and AIDS, ancestry, medical condition (cancer and genetic characteristics), genetic information, marital status, gender identity, military or veteran status or sex (which includes pregnancy, childbirth and medical conditions related thereto) in the solicitation, selection, hiring or treatment of Subcontractors, vendors or suppliers. The Consultant shall provide equal opportunity for Subcontractors to participate in subcontracting opportunities. The Consultant understands and agrees that violation of this clause shall be considered a material breach of this Agreement and may result in contract termination, debarment or other sanctions. This language shall be in contracts between the Consultant and any Subcontractors, vendors and suppliers.

4.7 Drug-Free Workplace.

The Consultant agrees to ensure a drug-free workplace. The Consultant shall certify to the

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City that it will provide a drug-free workplace by submitting a consultant certification for a drugfree workplace form.

4.7.1 Consultant’s Notice to Employees. The Consultant shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.

4.7.2 Drug-Free Awareness Program. The Consultant shall establish a drug-free awareness program to inform employees about all of the following:

4.7.2.1 The dangers of drug abuse in the work place.

4.7.2.2 The policy of maintaining a drug-free work place.

4.7.2.3 Available drug counseling, rehabilitation and employee assistance programs.

4.7.2.4 The penalties that may be imposed upon employees for drug abuse violations.

4.7.3 Posting the Statement. In addition to section 4.7.1 above, the Consultant shall provide the drug-free policy to its independent contractors via email and request a response that the policy has been received and will be followed.

4.7.4 Subcontractor’s Agreements. The Consultant further certifies that each contract for Subcontractor Services for this Project shall contain language that binds the Subcontractor to comply with the provisions of section 4.7 of this Agreement. The Consultant and any Subcontractors shall be individually responsible for their own drug-free work place program.

4.8 Americans with Disabilities Act Statement.

The Consultant shall certify that any construction documents and specifications meet current Title 24 of the California Code of Regulations, known as the California Building Standards Code (“Title 24”) requirements and the Americans with Disabilities Act Accessibility Guidelines (“ADAAG”) and are in general compliance with the Americans with Disabilities Act of 1990. When a conflict exists between Title 24 and ADAAG, the most restrictive requirement shall be followed.

The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The City acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations.

The Design Professional, therefore, will use his or her reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local laws, rules, codes ordinances and regulations as they apply to the project. The Design Professional, however, cannot and does not

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warrant or guarantee that the City’s project will comply with interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the project.

4.9 Product Endorsement.

The Consultant acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.

4.10 Conflict of Interest.

The Consultant is subject to all Federal, State and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices, including but not limited to California Government Code sections 1090 et seq. and 81000 et seq. The Consultant shall complete one (1) or more statements of economic interest disclosing relevant financial interests as described on Exhibit “D” attached hereto and incorporated herein (“Consultant’s Statement of Financial Interest”) which may be amended from time to time by City. Upon the City’s request, the Consultant shall submit the necessary supplementary documentation to the City.

4.10.1 The Consultant shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.

4.10.2 The Consultant and its Subcontractors having subcontracts amounting to one percent (1%) or more of the value of the Consulting Services agreed to under this Agreement are precluded from participating in design services, on behalf of the contractor, construction management and any other construction services related in any way to the Consulting Services without the prior written consent of the City.

4.10.3 The Consultant’s personnel employed on any task shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. In connection with any task, the Consultant shall not recommend or specify any product, supplier or contractor with whom the Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations or policies.

4.10.4 If the Consultant violates any conflict of interest laws or any of these provisions in section 4.10, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects the Consultant to liability to the City for attorneys’ fees and all damages sustained as a result of the violation.

4.11 Mandatory Assistance.

If a third-party dispute or litigation, or both, arises out of, or relates in any way to, the Consulting Services provided under this Agreement, upon the City’s request, the Consultant and its agents, officers and employees agree to assist in resolving the dispute or litigation (“Mandatory Assistance”). The Mandatory Assistance includes, but is not limited to, providing

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professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.

4.12 Compensation for Mandatory Assistance.

The City will compensate the Consultant for fees incurred for providing Mandatory Assistance as Additional Services under section 3.3. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third-party dispute or litigation, or both, to be attributable in whole, or in part, to the negligent acts or omissions of the Consultant, its agents, officers or employees, the Consultant shall pay back the City. The City is then entitled to repayment of all fees paid to the Consultant, its agents, officers and employees for Mandatory Assistance.

4.13 Attorneys’ Fees Related to Mandatory Assistance.

In providing the City with dispute or litigation assistance, the Consultant or its agents, officers and employees may incur expenses and/or costs. The Consultant agrees that any reasonable attorneys’ fees it may incur as a result of assistance provided under section 4.11 are reimbursable.

4.14 Retention of Records.

Consultant is required to keep all related accounting records and documents for a period of not less than five (5) years after the final reports are submitted by the City to the State Department of Housing and Community Development, as per Federal and State requirements.

Upon the City’s request, the Consultant shall submit exact duplicates of originals of all requested records to the City.

ARTICLE V
CITY’S OBLIGATIONS

5.1 Ownership of Documents.

Once the Consultant has received any compensation for the Consulting Services performed, all documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files and specifications prepared in connection with or related to any task or Consulting Services shall be the property of the City. The City’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The City’s ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed. This section 5.1 shall apply whether the Consultant’s Consulting Services are terminated by the completion of the Project or in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the Consultant shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files and specifications.

The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications.

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Any reuse or modification of the project documents by the City shall be at the City’s sole risk and the City agrees to indemnify, defend and hold Consultant harmless from claims, damages, and expenses, including attorney’s fees, arising out of such reuse or modification by the City or by others acting through the City.

5.2 Additional Consultants or Contractors.

The City reserves the right to employ, at its own expense, such additional consultants or contractors as the City deems necessary to perform work or to provide the Consulting Services on the Project.

5.3 Employment of City Staff.

This Agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Consultant employs an individual who, within the last twelve (12) months immediately preceding such employment did, in the individual’s capacity as an officer or employee of the City, participate in, negotiate with or otherwise have an influence on the recommendation made to the City Council or City Manager in connection with the selection of the Consultant.

ARTICLE VI

INDEMNIFICATION

6.1 Indemnification for Professional Liability.

When the law establishes a professional standard of care for the Consultant’s Services, to the fullest extent permitted by law and in accordance with California Civil Code 2782.8, the Consultant shall indemnify and hold harmless the City and its officials, and employees (“Indemnified Parties”) from and against any and all losses, liabilities, damages, including reasonable attorney’s fees to the extent same are caused by any negligent or wrongful act, error or omission of the Consultant, its officers, agents, employees or any Subcontractors (or any entity or individual that the Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A.

6.1.1 Professional Services Indemnity.

The Consultant agrees to the fullest extent permitted by law, to indemnify and hold City harmless from any damages, liability and reasonable defense costs to the extent caused by the Consultant’s negligence and only in direct proportion thereto. Consultant agrees to compensate for reasonable defense costs incurred by City from any claims that are ultimately determined by an adjudication (or formal dispute resolution process) to have caused by and inly in direct proportion to the Consultant’s negligent performance.

6.2 Indemnification for Other than Professional Liability.

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Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless the City, and any and all of its employees, and officials from and against any liability (including liability for claims, suits, actions, arbitration proceedings, losses, including reasonable attorney’s fees to the extent the same arise out of, are a consequence of, or are in any way attributable to the performance of, this Agreement by Consultant or by any individual or entity for which the Consultant is legally liable, including but not limited to officers, agents, contractors, employees or Subcontractors of the Consultant.

6.3 General Indemnification Provisions.

The Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Consultant in the performance of this Agreement.

In the event the Consultant fails to obtain such indemnity obligations from others as required here, the Consultant agrees to be fully responsible according to the terms of this section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Consultant and shall survive the termination of this Agreement or this section.

6.4 Indemnity Provisions for Contracts Related to Construction.

Without affecting the rights of the City under any provision of this Agreement, the Consultant shall not be required to indemnify and hold harmless the City for liability attributable to the negligence of the City, provided such negligence is determined by agreement between the Parties, formal dispute resolution or by the findings of a court of competent jurisdiction.

ARTICLE VII

MISCELLANEOUS

7.1 Notices.

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of El Centro
Attn: Public Works Director/City Engineer
1275 West Main Street
El Centro, CA 92243
Attention: City Clerk

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Norma Wyles
1275 West Main Street
El Centro, CA 92243
To CONSULTANT: Raymond L. Grimes
Owner/Lead Consultant,
Pegasus Telecommunications Consulting Group
Vice President, Comsite Pacific, Inc.

P.O Box 1608, Santa Maria, CA 93456-1608

7.2 Headings.

All article headings are for convenience only and shall not affect the interpretation of this Agreement.

7.3 Non-Assignment.

The Consultant shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City’s prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.

7.4 Independent Contractors.

The Consultant and any Subcontractors employed by the Consultant shall be independent contractors and not employees or agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Consultant concerning the details of performing the Consulting Services, or to exercise any control over such performance, shall mean only that the Consultant shall follow the direction of the City concerning the end results of the performance.

Without receiving the Consultant’s written permission, the City agrees not to hire, retain or contract with any employee of the Consultant who performs services for the City under this Agreement for one (1) year from the date this Agreement is terminated.

7.5 Consultant and Subcontractor Principals for Consulting Services.

It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant is based on the particular professional expertise of the individuals rendering the services set forth in each task. Accordingly, portions of the described service may not be delegated to other members of the team or Subcontractors without prior written consent by the City. It is mutually agreed that CONSULTANT NAME is the principal person responsible for delivery of all Consulting Services and may not be removed from any tasks without the City’s prior written approval. In the event CONSULTANT NAME becomes unavailable for any reason, the City must be consulted as to any replacements. Further, the City reserves the right, after consultation with the Consultant, to require removal of the Consultant’s employees or agents.

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7.6 Covenants and Conditions.

All provisions of this Agreement expressed as conditions on the part of the City or the Consultant shall be deemed to be conditions.

7.7 Compliance with Controlling Law.

The Consultant shall comply with laws, ordinances, regulations and policies of the Federal, State and local governments applicable to this Agreement in effect at execution of the contract or changes as reasonably known. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

7.8 Jurisdiction, Venue and Attorneys’ Fees.

The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms or any related disputes shall be in the County of Imperial, State of California. If either Party brings an action to enforce the terms of this Agreement or declare rights under this Agreement, the prevailing Party in any such action, on trial or appeal, shall be entitled to its reasonable attorneys’ fees and costs as fixed by the court to be paid by the losing Party.

7.9 Successors in Interest.

This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party’s successor in interest.

7.9.1 Corporate Protection.

It is intended by the parties of this Agreement that the Design Professional’s services in connection with the project shall not subject the Design Professional’s individual employees, officers or directors to any personal legal exposure for the risks associated with this project.

Therefore, and not withstanding anything to the contrary contained herein, the City agrees that as the City’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Design Professional, a California corporation, and not against any of the Design Professional’s employees, officers or directors.

7.10 Integration.

This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents or employees, shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.

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7.11 Counterparts.

This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.

7.12 No Waiver.

No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition and term hereof shall continue in full force and effect to any existing or subsequent breach.

7.13 Severability.

The unenforceability, invalidity or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.

7.14 Municipal Powers.

Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter city of the State of California.

7.15 Drafting Ambiguities.

The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

7.16 Signing Authority.

The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.

7.17 Conflicts between Terms.

If an apparent conflict or inconsistency exists between the main body of this Agreement and the exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable Federal, State, or local law, rule, regulation, order or code and this Agreement, the law, rule, regulation, order or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other

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immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

7.18 Non-Appropriation.

This Agreement is based on the availability of public funding on the part of the City. In the event of unavailability or non-appropriation of funds, the City may either agree to make up the shortfall in a manner of its choosing or terminate the Agreement, without penalty, after written notice to the Consultant. Should the City elect to terminate the Agreement, it shall compensate the Consultant for the work it has performed up to the date of termination.

ARTICLE IX

AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrant and represents that they have the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through the City Manager, authorizing such execution, and by the Consultant.

THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Marcela Piedra, City Manager
ATTEST:
_________________________
Norma Wyles, City Clerk

CONSULTANT
Date: _________________ By: _____________________________

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APPROVED AS TO FORM
Office of the City Attorney
By ________________________________
Elizabeth L. Martyn, City Attorney

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EXHIBIT A – SCOPE OF WORK

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EXHIBIT B – RESERVED

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Alternatively, the CONSULTANT has executed the Declaration of Sole Propietor attached to this Exhibit “C”.

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

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• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or sub-consultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed

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officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub-consultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

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CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY.

CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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EXHIBIT D
CONSULTANT FINANCIAL DISCLOSURE STATEMENT 1
Consultant will comply with all conflict of interest laws and regulations including, without limitations, City’s Conflict of Interest Code (on file in the City Clerk’s Office) as required by Section 4.10 of this Agreement. It is incumbent upon the Consultant to notify the City pursuant to Sections 7.1 and 7.5 of any staff changes relating to this Agreement. The City Manager has made the following determination and Consultant, by his/her signature, acknowledges said determination. 2 A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required of any officers, employees, and/or agents of Consultant. Consultant duties are as follows:

Marcela Piedra, City Manager Consultant Signature & Title B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant may make or participate in making a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category “Consultant” of the City’s Conflict of Interest Code.

Marcela Piedra, City Manager Consultant Signature & Title 1 Title 2, Division 6. California Code of Regulations Section 18701(a)(2). Pursuant to a contract with a local government agency, a consultant shall be required to file a Statement of Economic Interest if that consultant will: “(A) Make a government decision whether to: (1) Approve a rate, rule or regulation; (2) Adopt or enforce a law; (3) Issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (4) Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and which the agency is the party or to the specifications for such contract; (6) Grant agency approval to a plan, design, report, study or similar item; or (7) Adopt, or grant approval of policies, standards or guidelines for the agency or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code, under Governmental Code Section 87302.” 2 Disclosure by Consultants: Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the City’s adopted Conflict of Interest Code, subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and closely supervised, and, thus, is not required to comply with the disclosure requirements in the City’s adopted Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties.

The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as the City’s adopted Conflict of Interest Code.

15.b
Packet Pg. 253 Attachment: Consultant Agreement 00062365 (5373 : Award Pegasus communication police station) 01/2022/liz/A22
-0002/Agreement/
ComsitePacificInc/PDProject Page 27 of 27

15.b
Packet Pg. 254 Attachment: Consultant Agreement 00062365 (5373 : Award Pegasus communication police station) Pegasus Telecommunications Consulting Group
(A Division of Comsite Pacific, Inc.)
P.O. Box 1608, Santa Maria, CA 93456-1608
562-370-7744
http://www. pegasustelecom. net
To: Abraham Campos, P.E.

Senior Engineer
Engineering Division
City of El Centro
1275 W Main Street
El Centro, CA 92243

PROPOSAL
January 28, 2021
Cc: Chief Brian Johnson, Deputy Chief Robert Sawyer, Heather Johnson, Catherine Gutierrez
Re: City of El Centro Police Dispatch Center Relocation Program Management Phase 11 Proposal
Dear Abraham;
Pegasus Telecommunications Consulting Group (PTCG) is pleased to have the opportunity to present to the City of El Centro, California a proposal for telecommunications consulting and engineering services in support of the Police Department 911 and Dispatch Center relocation project. PTCG will work with the City of El Centro and the involved technology vendors to prepare scopes of work, solicit pricing, and coordinate schedules for the relocation and installation of dispatch communications and associated equipment.

Phase II FOLLOW-UP RECOMMENDED SCOPE OF WORK
Relocation Implementation Planning and Construction Documents Design Support

1. Assist the owner and design team (architect, mechanical, electrical and technology) with space planning, power budget, environmental, and operational requirements

2. Attend up to twenty-four (24) virtual meetings and six (6) onsite meetings. a. Review of dispatch equipment for space and power planning, to include considerations or recommendations for future expansion. b. Assist in determining, and make recommendations regarding radio hardware locations, structure(s), and accommodations.

Exhibit A 15.c
Packet Pg. 255 Attachment: Exhibit A - El Centro PD PHASE II Proposal 012822 PTCG (5373 : Award Pegasus communication police station)

15.c
Packet Pg. 256 Attachment: Exhibit A - El Centro PD PHASE II Proposal 012822 PTCG (5373 : Award Pegasus communication police station)

15.c
Packet Pg. 257 Attachment: Exhibit A - El Centro PD PHASE II Proposal 012822 PTCG (5373 : Award Pegasus communication police station)

15.c
Packet Pg. 258 Attachment: Exhibit A - El Centro PD PHASE II Proposal 012822 PTCG (5373 : Award Pegasus communication police station)

15.c
Packet Pg. 259 Attachment: Exhibit A - El Centro PD PHASE II Proposal 012822 PTCG (5373 : Award Pegasus communication police station) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Award of Bid
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5372) DOC ID: 5372
Discussion and any necessary action regarding the award of the Water Treatment Plant Raw Water Electrical Panel
Replacement Project
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution 22- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE WATER TREATMENT PLANT RAW WATER ELECTRICAL PANEL REPLACEMENT PROJECT.

FISCAL IMPACT:

No Impact to the General Fund.

Bid amount of $527,129 plus $52,000 in contingency is funded by American Rescue Plan Act (ARPA) Funds with $800,000 budgeted for the project. Cost savings to ARPA will be proposed to be transferred to other eligible water and sewer eligible projects.

STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:

Goal #2 Environmental Sustainability & Infrastructure.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Business License will be obtained prior to notice to proceed being issued.

BACKGROUND:

On July 21, 2020, Council approved an agreement for on-call civil engineering water and wastewater treatment services for Lee & Ro, Inc., through Resolution No. 20-61.

Other on-call engineering services were also approved.

The City of El Centro WTP was recently built, however the raw water intake structure and the water distribution portion of the plant remains active in the 1960's facility. The system is composed of concrete structures that hold water and pumps that move the water to different portions of the plant and into the city distribution system.

The raw water intake structure is in need of electrical upgrades, including the installation of new electrical panels and new variable frequency drives (VFDs) to operate the pumps more efficiently as well as the integration of the monitoring of said VFDs into the plants Supervisory Control and Data Acquisition (SCADA) system. The here proposed project will allow improved monitoring and troubleshooting, making the system more reliable.

Through the on-call contract, Lee & Ro, Inc. has completed the design for the project. 16 Packet Pg. 260
Resolution (ID # 5372) Meeting of February 15, 2022
On November 2, 2021, Council approved the Plans and Specifications.

DISCUSSION:

Bids were opened on December 22, 2022 with two bid received as follows:

Chula Vista Electric Co. $527,129.00
Mac GC Electric $651,917.18
Staff has reviewed the bids and finds Chula Vista Electric to be responsive and responsible and recommends award of the project to Chula Vista Electric. A copy of the bid package is available at the City Clerk's office.

Tentative Schedule:

Date Milestone
2/15/2022 Project awarded to lowest responsible bidder
March 2022 Construction of Project starts
December 2022Construction complete (300 Calendar Days)
CONCLUSION:

Adopt Resolution 22- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE WATER TREATMENT PLANT RAW WATER ELECTRICAL PANEL REPLACEMENT PROJECT.

ATTACHMENTS:
• Resolution (PDF)
• Bid Results (PDF)
16 Packet Pg. 261
01/2022/liz/A22-0011/Reso
AwardBid/ChulaVistaElectric
1 RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE

EXECUTION OF A CONTRACT FOR THE WATER TREATMENT

PLANT RAW WATER ELECTRICAL PANEL REPLACEMENT
PROJECT.

WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California (“the City Council”) and the notice inviting bids has been advertised as required by section 2-185.15 of the City of El Centro (“the City”)’s municipal code for the Water Treatment Plant Raw Water Electrical Panel Replacement Project (“the Project”); and WHEREAS, bids were received and opened on December 22, 2021, in accordance with law and the Director of Public Works/City Engineer has made a report thereon; and WHEREAS, the City Council has considered the report of the Director of Public Works/City Engineer and, as a result, has determined that two (2) firms submitted bids with Chula Vista Electric Co., an active California corporation, submitting the lowest responsive and responsible Base Bid in the amount of Five Hundred Twenty Seven Thousand One Hundred Twenty-nine dollars ($527,129.00) as calculated based on unit prices; and WHEREAS, the City Council has considered the report of the Director of Public Works/City Engineer to award the Base Bid in the total amount of Five Hundred Twenty Seven Thousand One Hundred Twenty-nine dollars ($527,129.00) as calculated based on unit prices; and WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council hereby accepts the bid of Chula Vista Electric Co. and waives any informality with regard to said bid.

3. That the City Council hereby rejects all other bids for the Project.

4. That the City Manager is hereby authorized to sign a contract for the Project in the total amount of Five Hundred Twenty Seven Thousand One Hundred Twenty-nine dollars ($527,129.00) a copy of which is on file in the Office of the City Clerk, on behalf of the City.

5. That the City Council hereby establishes a construction contingency fund of Fifty Two Thousand dollars ($52,000.00) for the Project.

16.a
Packet Pg. 262 Attachment: Resolution (5372 : Raw Water Controls award WTP water treatment plant) 01/2022/liz/A22-0011/Reso
AwardBid/ChulaVistaElectric
2 6. That the City Manager is further authorized to approve and execute any change orders for the Project up to a single change order amount of Fifty Two Thousand dollars ($52,000.00) individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.

7. That the City Council shall approve any change order that either individually exceeds the single change order amount or in combination with other approved change orders, exceed the amount established as the construction contingency fund for the Project as set forth herein.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2022.

CITY OF EL CENTRO
By __________________________
Tomas Oliva, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

16.a
Packet Pg. 263 Attachment: Resolution (5372 : Raw Water Controls award WTP water treatment plant) 01/2022/liz/A22-0011/Reso
AwardBid/ChulaVistaElectric
3 ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

16.a
Packet Pg. 264 Attachment: Resolution (5372 : Raw Water Controls award WTP water treatment plant)

BID SHEET
PROJECT: Raw Water Electrical Panel
Replacement Project
BID OPENING DATE: December 22, 2021
BID OPENING TIME: 2:00 p.m.

BIDDER NAME TOTAL BASE BID
Chula Vista Electric Co. $527,130.00
Mac GC Electric $651,917.18

16.b
Packet Pg. 265 Attachment: Bid Results (5372 : Raw Water Controls award WTP water treatment plant) City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Report
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5390) DOC ID: 5390
Presentation regarding under billed water consumption
affecting roughly three percent of water customers in El Centro
CITY MANAGER’S RECOMMENDATION:

For presentation only or provide staff alternate direction FISCAL IMPACT:

No impact to general fund.
$70,000 to $120,000 rough estimate of impact to Water Enterprise fund if water charges are not collected.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #1 Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

On September 6, 2016, the City approved a contract with Mueller Systems for the installation of automatic water meters. The project was completed late 2017. The radio meters eliminated the need of meter reader staff to walk the streets to read meters. The meter reader job evolved to a more technical role that includes troubleshooting the network of meters, support radio repeaters and Mueller MiNet software in order to collect and transfer data files to be consumed by the City’s Munis financial system.

During the 2021 summer, 300 to 400 water meters throughout the City malfunctioned, causing approximately 4 to 6 months of billings not to be collected. That is about 3% of the accounts in the City. Staff became aware of this late last year.

Ongoing replacement of meters is normal and expected due to their mechanical nature, the issue in this case was that staff did not receive an alert from the system due to the nature of the failure, which bypassed existing alarms. Meters and components that have malfunctioned will follow the warranty from the manufacturer, which varies from 5 to 15 years, depending on the malfunctioning portion.

DISCUSSION:

Under state law, those receiving the water services are responsible for paying the amount owed for consumed water.

City standard process to collect the owed amount starts with:
17 Packet Pg. 266
Action Item (ID # 5390) Meeting of February 15, 2022

1. Determining the amount owed: The Public Works Director averages the recorded use of 1 or more prior year consumption for the same time periods to determine amounts currently owed.

2. Sends bills for the amount owed.

3. And finally, once the bill has been sent, payment is governed by SB 998, the Water Shutoff Protection Act (Health & Safety Code Section 116900 et seq) and City Policy 313 regarding options for payment. Finance developed and the Council adopted said policy to comply with this Act, and presently administers it. Residents may request a payment plan of 12 months or more based on need.

To summarize the Act: a city may not discontinue residential water service for nonpayment until the payment is delinquent for at least 60 days. During that 60 day period, there are procedures for the account holder to obtain a payment plan entered into in writing with the Finance Dept. In some cases, for those below the federal poverty level, there is a relief of payment at a certain percentage.

New City Process to prevent this from recurring.

The following actions are being implemented by staff to mitigate against this occurring again.

A double-check program is being developed for implementation.

1. City public works is working with Mueller to create a monthly high-low report that will flag meters with abnormal reporting for further investigation.

2. City Finance Department, on a daily basis, will generate a report for each cycle to flag all meters with zero monthly consumption. This report will be sent to Utility Field Representatives to investigate if water meter has stopped or is malfunctioning. In addition, a report listing any meter that appear to have abnormal monthly consumption will also be sent to Utility Field Representatives for further review.

Available financial assistance:

In addition to the payment plan previously discussed, we would like to remind the public of the CA COVID-19 Rent Relief Program for assistance with utility bills.

Housing is Key program is a component of the CA COVID-19 Rent Relief Program. The program continues to be active. Eligible renters may receive assistance for unpaid utility payments at 100% of cost and paid directly to the utility provider. Renters may apply at housingiskey.com or call 833-430-2122
CONCLUSION:

For presentation only or provide staff alternate direction 17 Packet Pg. 267
City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Discussion
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5391) DOC ID: 5391 A
Presentation regarding unauthorized sewer connections to City sewer infrastructure
CITY MANAGER’S RECOMMENDATION:

Review staff recommendations and provide staff with direction.

FISCAL IMPACT:

No impact to the general fund. Initial City cost of $17,000 to $20,000 in Water Enterprise funds for title reports and recording fees related to creating a loan, to be recouped by loan interest.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #1 Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND: The City Finance department conducts routine audits of water and sewer accounts to verify city parcels are properly assessed for water and sewer services. The Finance Department recently performed an audit of an area of the City previously, known as the El Dorado Colonia. The audit identified properties with water accounts on file, but without a City sewer account. Not having a sewer account in this area is normal, as many of the properties continue to be served through septic systems and as such do not require city sewer. The audit results was forwarded to Public Works for further investigation. Public Work's investigation resulted in about two-thirds of the identified properties being removed from the audit list, as they were vacant or served by septic system. However, about one-third of those properties investigated were found to have an unauthorized connection to the City sewer system. A property is deemed unauthorized because 1) the City does not have records of payment of capacity fees, and 2) the property owner does not have a service account for that property. Thus such unauthorized property has not paid monthly service charges for the service being received through what most likely is an illegal connection.

The El Dorado Colonia is located in the northeast quadrant of the City. In general, the area is considered economically disadvantaged. The infrastructure in this area is unique in that the City pre-installed water and sewer services up to the property line through past City construction projects, which occurred after the area was annexed to the City in the late 1990’s. This reduced the cost to the owners, as they did not have to install the water and sewer laterals themselves at a savings of about $2,500 per property.

Nine (9) properties have been identified along one of the streets in the Colonia area and we expect to find more in the additional Colonia streets. We estimate a total of 20 to 30 properties in total if current audit results are consistent for the remainder of the area. 18 Packet Pg. 268
Action Item (ID # 5391) Meeting of February 15, 2022
Given current staff workloads, completion of the audit is estimated to take at least three months.

DISCUSSION:

Staff is exploring available options to address the unauthorized sewer connections. To become current, the following two items must be addressed:

1. Assessment and payment of Sewer Capacity Fee

2. Assessment and payment of unpaid Sewer Service Fee
************************************
SUMMARY OF PROPOSED STAFF RECOMMENDATION:

1. Modify the current Ordinance provisions for payment of Capacity Fees to extend payment window for Sewer Capacity fee from 2 years to 5 years.

2. Confirm the lack of legal connection and follow up on the November 21, 2021 letter with an additional notice describing the proposed payment method for capacity fees owed as well as outstanding service charges. ************************************
STAFF RECOMMENDATIONS ARE FURTHER DISCUSSED BELOW:

1. ASSESSMENT AND PAYMENT OF SEWER CAPACITY FEE
If prior Capacity Fee payment agreements are identified on file, or presented by property owners, those agreements and terms will be accepted. Owner then shall complete the terms of any prior agreement on the term and conditions set out in that prior agreement.

Unauthorized connections with no prior City approved agreement constitute illegal connections which violate provisions 22-9 and 22-10 of the City Code. Therefore, the property owners will need to follow current City Ordinance procedures for the payment of Capacity Fees. City Ordinance section 22-511 requires capacity fees to be collected and Section 24-11 allows the fee to be paid via a loan agreement over 2-years if requested by the owner. Owner can also simply pay up front the full amount or a portion thereof. Current sewer Capacity Fees are $7,174 per single family home. This approach would result in a monthly repayment amount of roughly $315/month, depending on interest rate, if the full amount is finance by the owner through the City. The current interest rate is prime plus 2%, or 3.25% plus 2% = 5.25%. The monthly payment amount generally is collected with the water and sewer bill and will fall outside the provisions of SB 998 for payment of water (and other) charges.

Staff recommendation:

In order to reduce the monthly repayment amount, direct staff to modify ordinance section 24-11 to allow the fee to be paid via the loan agreement over two (2) to five (5) years for residential accounts. If made for the Colonia residents, this change will apply to other City residents as well. Commercial accounts would remain at two (2) years. No reduction of interest is recommended, as City will incur loan processing and title report 18 Packet Pg. 269
Action Item (ID # 5391) Meeting of February 15, 2022
procurement costs as part of establishing the loan. A 5-year loan would reduce the repayment amount to about $136 per month, depending on interest rate. The ordinance can be modified to further allow penalty fees to be financed with the approval of the City Manager.

2. ASSESSMENT OF PRIOR SEWER SERVICE CONSUMPTION REPORT Applicable statutes of limitations limit the City to collect back from two to four years of service. If there is a prior agreement with the owner for service, the statute of limitations allows collection for the prior four years. If there is no prior service agreement, the statute of limitations limits back charges to two years. It should be noted that establishing the date that the unauthorized connection occurred is difficult or impossible.

Two years of service equates to $1,410.96 at current sewer rates.

Because absent a written agreement, it is difficult to determine the date the unauthorized use began, there are several approaches. First, the two years of service may be assumed at present rates. Second, a penalty approach may be used.

Staff Recommendation:

Section 22-527 of the City Code specifies a penalty for violation of use of the sewer pursuant to Sections 22-503, 22-9 and 22-10. The illegal connection and use of service without payment also constitutes a public nuisance. These violations could be pursued as administrative citations, infractions or misdemeanors. However, given the statute of limitations, the City would offer to resolve the violations by payment for two years of service at the rates for current service.

The settlement amount could be added to the Capacity Fee loan, which would add about $27/month to the five year payment plan of Capacity Fees previously discussed.

This results in total approximate $163/month 5-year payment plan, which includes both the settlement and Capacity Fee amount.

SCHEDULE
Public Works staff and Finance need to work together to further define the extent of properties affected. It is anticipated that an ongoing city effort of 12 to 18 months will be needed to address all the affected properties in this area. Staff effort includes obtaining title reports, identifying owners, noticing owners, meeting with owners, offering payment options, processing and recording loan agreements. During this time, assuming acceptance of the suggested payment method, one or more ordinance revisions can be processed.

DIRECTION REQUEST
Staff requests direction to:
18 Packet Pg. 270
Action Item (ID # 5391) Meeting of February 15, 2022

1. Approve staff recommendation relating to Sewer Capacity Fee and return to Council with related ordinance modifications.

2. Approve staff recommendation relating to unauthorized connection Settlement Fee and return to Council with related ordinance modifications.

3. Or provide staff alternate direction
CONCLUSION:

Review staff recommendations and provide staff direction. 18 Packet Pg. 271
City Council of the City of El Centro Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Discussion
Prepared By: Adriana Nava
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5349) DOC ID: 5349
Special Events Update
CITY MANAGER’S RECOMMENDATION:

Discussion and related action regarding special events and whether Staff should continue with the remaining ten (10) events programmed from February 2022 to July 2022.

FISCAL IMPACT:

On October 19, 2021, the City Council allocated $82,700 for the purpose of hosting citywide special events. Measure P funds in the amount of $49,280 were allocated towards supplies and services and $33,420 were allocated under American Rescue Plan Act for personnel costs.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4 Recreation and Lifelong Learning- Support programs and amenities to further develop literacy, health, and education of children, youth, and seniors.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not Applicable.

BACKGROUND:

At the direction of the COVID Task Force, the Community Services Department staff prepared a Special Events Proposal for the period of October 2021 through July 2022.

The City Council subsequently approved funding for special events in the amount of $82,700. The proposal included a total of sixteen (16) community-wide events that ranged in location, size and cost. The purpose of this Staff Report is provide to Council an update on the events that have been held, events proposed, as well as funds expended to date.

DISCUSSION:

Thus far, a total of six (6) events have been held at various facilities as follows:

Event Date Participants Cost Personnel Cost
Trunk N Treat and
Haunted House at
Rosas/Manzano
October 22,
2021
Parks and Rec., Public Works,
City Manager’s Office, Police
Department, Fire Department,
Car Clubs
$6,650 $4,532 (68%)
Floating Pumpkin
Patch
Oct. 23, 2021 Aquatic Center, The Edge $2,802 $2,357 (84%) Dia de los muertos Nov. 2, 2021 Parks and Rec, Adult Center $1,125 $372 (33%) Mobile Vietnam
Display Wall- Five
(5) Events
Nov. 10-14,
2021
Parks and Rec, Public Works,
City Manager’s Office, Police
Department, Fire Department,
Various Service Clubs
$13,027 $2,226 (17%)
Christmas Tree Dec. 3, 2021 Parks and Rec, Public Works, $23,188 $7,006 (30%) 19 Packet Pg. 272
Action Item (ID # 5349) Meeting of February 15, 2022
Lighting Public Department, Fire
Department
Christmas Parade
and numerous floats
Dec. 4, 2021 Parks and Rec, Public Works,
Public Department, Fire
Department
$11,923 $8,161 (68%)
Total Spent up to Dec. 2021 $58,715
The events scheduled for January 2022 were postponed due to the level of coronavirus community spread. The events have been rescheduled and the community calendar has been updated accordingly (Refer to Community Calendar attached).

All of the special events held have been a huge success for the community at large (Refer to Photographs attached). The next large community event is Mardi Gras, and it is scheduled for Friday, February 25, 2022 from 6 PM to 10 PM at 7th and Main Streets.

Based on the number of vendors and inquiries we received, we anticipate it will be a welcomed event by the community.

Thus far, $58,715 has been expended on special events. Originally, when the budget was submitted for Council approval on October 19, 2021, personnel costs were calculated for Parks and Recreation Staff only. The special events budget did not include personnel costs for other City departments such as the Police Department, Public Works, and Fire Department. As such, it is anticipated the budget allocation for special events will exceed the budget allocated in October 2021.

CONCLUSION:

Discussion and related action regarding special events and whether Staff should continue with the remaining ten (10) events programmed from February 2022 to July 2022.

ATTACHMENTS:
• Special Events Cost Breakdown (DOCX)
• Special Events Calendar (JPG)
• DJ at Bucklin Park Flyer (JPG)
• Mardy Gras Flyer (JPG)
• DiaDeLosMuertos (JPG)
• TrunkAndTreat(JPG)
• MemorialWall (JPG)
• PumpkinPatch (JPG)
• XmasTreeLighting (JPG)
• ElCentroParade (JPG)
• ImperialParade (JPG)
19 Packet Pg. 273
Special Events Expense Breakdown
Supplies and
Services,
$2,132.50 , 32%
Personnel Cost,
$4,532.10 , 68%
Trunk or Treat
Supplies and Services
Personnel Cost
Supplies and
Services,
$445.47 , 16%
Personnel Cost,
$2,356.96 , 84%
Floating Pumpkin Patch
Supplies and Services
Personnel Cost

19.a
Packet Pg. 274 Attachment: Special Events Cost Breakdown (5349 : Special Events Update) Special Events Expense Breakdown
$753.63 , 67%
$371.53 , 33%
Dia De Los Muertos
Supplies and Services
Personnel Cost
Supplies and
Services,
$10,801.39 ,
83%
Personnel Cost,
$2,225.50 ,
17%
Vietnam Memorial Wall
Supplies and Services
Personnel Cost

19.a
Packet Pg. 275 Attachment: Special Events Cost Breakdown (5349 : Special Events Update) Special Events Expense Breakdown
Supplies and
Services,
$16,182.09 ,
70%
Personnel Cost,
$7,005.77 , 30%
Christmas Tree Lighting
Supplies and Services
Personnel Cost
Supplies and
Services,
$3,762.10 , 32%
Personnel Cost,
$8,161.17 , 68%
Christmas Parade
Supplies and Services
Personnel Cost

19.a
Packet Pg. 276 Attachment: Special Events Cost Breakdown (5349 : Special Events Update)

19.b
Packet Pg. 277 Attachment: Special Events Calendar (5349 : Special Events Update)

19.c
Packet Pg. 278 Attachment: DJ at Bucklin Park Flyer (5349 : Special Events Update)

19.d
Packet Pg. 279 Attachment: Mardy Gras Flyer (5349 : Special Events Update)

19.e
Packet Pg. 280 Attachment: DiaDeLosMuertos

19.f
Packet Pg. 281 Attachment: TrunkAndTreat

19.g
Packet Pg. 282 Attachment: MemorialWall (5349

19.h
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Packet Pg. 284 Attachment: XmasTreeLighting

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Successor Agency to the Redevelopment Agency Meeting: 02/15/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Bond
Prepared By: Richard Romero
REVIEWED Department Head: Richard Romero
RESOLUTION (ID # 5428) DOC ID: 5428
Approval of Transfer, Surrender and Cancellation Agreement - Successor Agency 2011 A & B Bonds
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution SA No.22- , A RESOLUTION OF THE SUCCESSOR AGENCY TO

THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO, CALIFORNIA

APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 2011A AND 2011B TAX ALLOCATION BONDS
FISCAL IMPACT:

Saving of $6,809 per year
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

In 2011, the Successor Agency to the El Centro Redevelopment Agency (Successor Agency issued two series of tax increment bonds: Series A in the amount of $5.1M and Series B in the amount of $20M. The bonds were issued but never were publicly delivered due to the enactment of the Redevelopment Agency Dissolution Law, dissolving redevelopment agencies and restricting payments from tax increment for their debt. The Dissolution Law took effect on February 1, 2012. The City determined to become the Successor Agency. Therefore, the bond instruments have sat with U.S.

Bank National Association, the Trustee, without further action since approximately 2014 DISCUSSION:

We are currently paying $6,809/year ($3,543 for Series A and $3,266 for Series B) for administrative fees for holding the bond instruments. The next payment is due in April 2022. In order to terminate the administrative bank charges and resolve the status of the bonds, Russ Trice, the City's bond counsel from Norton Rose Fulbright, negotiated a cancellation of the bonds pursuant to the language in the Indenture. This Agreement confirms that cancellation by the Successor Agency and the City meets the Trustee requirements.

CONCLUSION:

Approve Resolution SA NO. 22 - , A RESOLUTION OF THE SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO, CALIFORNIA

APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT 20 Packet Pg. 287
Resolution (ID # 5428) Meeting of February 15, 2022
WITH U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 2011A AND 2011B TAX ALLOCATION BONDS
ATTACHMENTS:
• RESOLUTION NO. SA 22-02 CANCELLATION OF AGR US BANK NATIONAL ASSOCIATION - BONDS (DOCX) 20 Packet Pg. 288
01/2022/liz/A22-0018/SA Reso/CanBonds
RESOLUTION NO. 22-

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 2011A AND 2011B TAX ALLOCATION BONDS
WHEREAS, in March and April, 2011 the Redevelopment Agency of the City of El Centro issued two series of tax allocation bonds, the 2011A in March and 2011B in April, with bond payments to be made from tax increment; and
WHEREAS, the Trustee for those bonds is U.S. Bank National Association; and WHEREAS, before any public sale or delivery of the bonds, the Dissolution Law was approved by the State Legislature and confirmed by the California Supreme Court, dissolving the Redevelopment Agency effective February 1, 2012; and
WHEREAS, the City then acted to become the Successor Agency to the Redevelopment Agency (Successor Agency); and
WHEREAS, the Dissolution Law restricted payments for debt service for bond issued in 2011 to the bonds never were publicly delivered; and
WHEREAS, the bonds cannot publicly be issued as there is no ability to pay debt service to any purchaser and there is an annual expense of approximately $7000 for the Trustee to continue to hold the bonds; and
WHEREAS, the Finance Director thus requested that the bonds now be cancelled and surrendered; and
WHEREAS, bond counsel worked with the Trustee to develop the Transfer, Surrender and Cancellation Agreement (Agreement) agreeable to the Trustee pursuant to the terms of the bond indenture; and
WHEREAS, it is in the best interests of the Successor Agency to enter into the Agreement to resolve the matter of the outstanding bonds.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE CITY OF EL CENTRO REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS:

1. The Recitals set out above are true and correct.

2. The City Successor Agency hereby approves the Transfer, Surrender and Cancellation Agreement on file with the Clerk.

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Packet Pg. 289 Attachment: RESOLUTION NO. SA 22-02 CANCELLATION OF AGR US BANK NATIONAL ASSOCIATION - BONDS (5428 : Appproval of Transfer, 01/2022/liz/A22-0018/SA Reso/CanBonds

3. The Successor Agency further authorizes the Executive Director to execute the Agreement and take all necessary action to implement it.

4. This Resolution shall take effect immediately upon its adoption.

SUCCESSOR AGENCY TO THE

EL CENTRO REDEVELOPMENT AGENCY
By_____________________________
Tomas Oliva Chairperson
ATTEST:

By_________________________________
Norma Wyles, Agency Secretary
APPROVED AS TO FORM:

Office of the City Attorney
By_________________________________
Elizabeth Martyn Evans, Agency Counsel

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, Agency Secretary of the Successor Agency to the El Centro Redevelopment Agency, do hereby verify that the foregoing Resolution No. SA 22- was duly adopted at a regular meeting of the Successor Agency to the El Centro Redevelopment Agency held on the day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By______________________________
Norma Wyles, Agency Secretary

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Packet Pg. 290 Attachment: RESOLUTION NO. SA 22-02 CANCELLATION OF AGR US BANK NATIONAL ASSOCIATION - BONDS (5428 : Appproval of Transfer,

El Centro City CouncilFebruary 15, 2022

El Centro City Council
February 15, 2022