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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, JUNE 7, 2022 11:30 A.M.
The El Centro City Council in a joint regular session on Tuesday, June 7, 2022 at 11:34 a.m. in RDA Conference Room, 1249 Main Street, El Centro, California for the purpose of closed session.
PRESENT: Council: Viegas-Walker, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: Council: Oliva (arrived at 11:36 am), Garcia (arrived at 11:38 am) 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.
EXISTING LITIGATION
Upon advice of its legal counsel, the City Council will recess to closed session pursuant to Government Code §54956.9(d)(1) regarding the following litigation against the City - Aaron Reel v. City of El Centro 22 CV526 W KSC; John Seaman v. City of El Centro ECU002365.
POSSIBLE LITIGATION AGAINS 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 two claims:
1) Fernando Valenzuela - pothole
2) Blanca Garnica - PD damage to door residence in responding to a call from her
ANTICIPATED LITIGATION
Significant Exposure to Litigation Against the City pursuant to Govt. Code Section 54956.9(d)(2). A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on existing facts and circumstances, there is significant exposure to litigation against the City. There is one (1) potential case.
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Motion unanimously carried. (Mayor Oliva absent, arrived at 11:36 am, Council Member Garcia absent, arrived at 11:38 am)
Closed Session concluded at 12:35 p.m.
City Council recessed to 6:00 p.m.
OPEN SESSION
The El Centro City Council met in a joint regular session on Tuesday, June 7, 2022 at 6:01 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 Council Member Viegas-Walker.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Martyn reported that during the closed session City Council discussed rejection of two claims which are in the informational section of the agenda and received an update on bargaining. We are pleased to let you know that you now have either MOU’s or tentative agreements with all groups except the water and wastewater operators and the bargaining representative hopes that will occur soon. On upcoming agendas people will began to see the MOU’s that will include this year of bargaining.
PUBLIC COMMENTS
None
CONSENT AGENDA
Moved by Viegas-Walker, second by Cardenas-Singh, approving consent agenda items #1 – #9.
1. Adoption of Resolution No. 22-45, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO COMFIRMING THE CONTINUATION OF THE LOCAL STAT OF EMERGENCY AND THE STAT OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD JUNE 8, 2022 THROUGH JULY 5, 2022.
2. Approval of City Council minutes of May 17, 2022, May 24, 2022 (5:00 pm) and May 24, 2022 (6:00 pm).
3. Authorized the City Clerk to notify each City Agency to review their code and submit a notice that either amendments are required or no amendments are necessary.
4. Adoption of Resolution No. 22-46, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER AND STATE LAW
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5. Adoption of Resolution No. 22-47, RESOLUTIO OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
IMPERIAL TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO ELECTIONS CODE §10403
6. Adoption of Resolution No. 22-48, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING THE PARTNERSHIP SITE AND TRAINING AGREEMENT WITH IMPERIAL VALLEY COLLEGE – CAREER SERVICES CENTER
7. Authorized the filing of the fiscal year 2021-2022 claims with Imperial County Transportation Commission (ICTC) for Public Transportation pursuant to:
1. Article 8(e) of the Public Utilities code for bus benches/shelter in the amount of $18,620, 7th/State Street bus terminal in the amount of $45,000, and for the regional maintenance and upkeep for benches/shelter in the amount of $25,000 for a grand total of $88,620
2. Article 3 of the Public Utilities code for bicycle and pedestrian facilities in the amount of $37,061
8. Adoption of Resolution No. 22-49, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-2023 TO BE FUNDED BY SB: 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
9. Adoption of Resolution No. 22-50, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING AN AMENDED CONSULTING AGREEMENT FOR LABOR
NEGOTIATIONS SERVICES
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None
PUBLIC HEARINGS
(Item *11 was moved up by Mayor Oliva)
*11. This was the date and time set for a public hearing for the purpose of considering the recommendation of the Planning Commission regarding Change of Zone 22-02. Presentation by Angel Hernandez, Interim Director of Community Development. 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. Council Members Viegas-Walker had appreciated that the City is posting the public notice on the property and asked if Change of Zone 22-02 will be consistent with the General Plan that we are currently in the process of updating. Mr. Hernandez confirmed the this will be consistent with the General Plan.
Moved by Viegas-Walker, second by Cardenas-Singh, approval of Ordinance No. 22-03, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE 22-02, waive reading and approve as first reading and authorize City Clerk to place on next agenda for second reading and adoption.
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AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
10. This was the date and time set for a public hearing for the purpose of considering the residential and commercial solid waste services rates and tabulate protest ballot results.
Presentation by Abraham Campos, PE – Public Works Director/City Engineer. Mayor Oliva declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Several people asked to speak and they filled out a speaker slip. The speakers were against the service rate increase. Speakers were Catalina Avalos, Gustavo Gamboa, Erich Haas, Sandra Standford, Guadalupe Campillo, Victor Zazueta, and Esperanza Colio. Seeing no other members wishing to speak, the public hearing was closed. Council member Viegas-Walker had several comments regarding the service CR&R is providing to the residents. Mayor Pro-Tem Cardenas-Singh had several concerns regarding the rate increase to the contract. She suggested that this public hearing be continued to June 21, 2022 to give Council and staff and opportunity to meet with the contractor’s representatives and fix the performance issues. Council member Marroquin wanted to thank the public for attending the public hearing to voice their concerns. She mentioned the problems she has been experiencing with trash pick-up in her personal residence and her workplace. Council member Marroquin agreed with Mayor Pro-Tem Cardenas-Singh to continue the public hearing to June 21, 2022. Mayor Oliva spoke about the rate increase and how it will affect the residents of El Centro.
The Mayor spoke about all the complaints he has received regarding trash pick-up problems in the past several months. He mentioned that he has been advised by staff that he cannot separate the eleven percent increase. He wants to make sure the trash pick-up service that has been given by CR&R in the past few weeks, stays consistent. He would like to honor the request of the two Council members to continue this item to June 21, 2022. Council Member Viegas-Walker asked if continuing this item extends the tabulation of the protest ballot or not. City Attorney Martyn Evans stated that the tabulation of the ballots could be extended if the Council so chooses. She also suggested that Council go with the tabulation to close out the protest period. Council can still continue to hear from the public. Council Member Viegas-Walker asked the components of the new contract that are advantageous to the City, to the residents because those services are not currently being provided. For example, the shred service which is currently not being provided. She in accordance in bringing back this item to the next meeting, to look at the service related issues and the contract enhancements. She asked the protest ballots that have been received be tabulated and have a meeting for increasing and enhancing service. Dean Ruffridge, Senior Vice President of CR&R Inc. spoke about the service issues, supply chain issues and not having the mechanics to keep the older trash trucks running.
He expressed the problems CR&R has been going through because of COVID-19, especially the problems with their service trucks.
Mr. Campos made a comment regarding the CR&R contract and how senior discounts are not included on the contract.
Other comments were made by Esperanza Colio and Erich Hass regarding CR&R.
Tabulation was given by City Clerk Wyles – 238 votes received against the new rate increase.
The votes have been verified and 4,459 additional votes were needed for rate increase to pass.
No majority votes were received.
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Moved by Cardenas-Singh, second by Marroquin, to continue this item to our next Council Meeting of June 21, 2022.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
For clarification: Protest vote period is closed and any issues related to the protest have been concluded. As far as letting your voices be heard and commenting to City Council and the public hearing portion to discuss the rate increase and services issues, will be continued to the next City Council meeting of June 21, 2022.
NEW BUSINESS
*(Item #14 was moved by Mayor Oliva)
12. Presentation by Dulce Bedolla, Human Resource Director, adoption of Juneteenth as a holiday in the City of El Centro. Council member Viegas-Walker asked if closing city facilities will affect customer service. Ms. Bedolla will talk to the finance department so customers are given a day of grace on their water bills and their library book dues.
Moved by Viegas-Walker, second by Garcia, adoption of Resolution No. 22-52, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO DECLARING JUNE NINETEENTH (Juneteenth) TO BE A CITY HOLIDAY.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED:None
*14. Presentation by Liz Zarate, Management Assistant, community sponsorship request from Sure Helpline Center. Council member Viegas-Walker asked if Sure Helpline Center had a business license. Ms.
Zarate was unaware if they had one and Mayor Oliva decided to continue this item to the next City Council meeting of June 21, 2022.
Moved by Viegas-Walker, second by Marroquin, to continue this item to June 21, 2022 City Council meeting.
AYES: Viegas-Walker, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: None
ABSTAIN: Garcia
City Council recessed at 7:59 pm and reconvened at 8:11 pm with all Council Members present.
13. Presentation by Deputy Police Chief Sawyer and Interim Fire Chief Cesena, adoption of Fireworks Social Host Ordinance. Victor Zazueta spoke in support of this ordinance.
Moved by Viegas-Walker, second by Marroquin, adoption of Urgency Ordinance No. 22-04, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA AMENDING CHAPTER 10, ARTICLE V OF THE CITY CODE ENTITLED “FIREWORKS” Book 36
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED:None
15. Presentation by Adriana Nava, Community Service Director, Rural Recreation and Tourism – Bucklin Park Amphitheater Project.
Moved by Viegas-Walker, second by Cardenas-Singh, approval of items #1 & #2, 1) Rescind Resolution No. 21-85, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING THE APPLICATION FOR RURAL RECREATION AND TOURISM
PROGRAM GRANT FUNDS
and
2) Adoption of Resolution No. 21-53, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING THE APPLICATION FOR RURAL RECREATION AND TOURISM
GRANT FUNDS
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED:None
16. Presentation by Angel Hernandez, Interim Community Development Director, discussion and any necessary action regarding the use of Measure P funding for the local match and authorizing the City Manager to execute grant agreements with Caltrans for the Imperial Avenue Complete Street Plan.
Council Member Viegas-Walker had a question regarding the relinquishment process and which was answered by Mr. Hernandez and Mr. Campos.
Moved by Viegas-Walker, second by Garcia, approval of items #1 & #2 1) Approved allocation of $39,000 in Measure P funds for the required local match for the Imperial Avenue Complete Streets project.
and
2) Adoption of Resolution No. 22-54, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE IMPERIAL AVENUE
COMPLETE STREETS PLAN
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
City Council recessed and convened as the Successor Agency to the Redevelopment Agency at 8:41 pm.
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 Book 36
17. Presentation by Adriana Nava, Community Services Director, discussion and related action regarding Disposition, Development, and Loan Agreement for Jacaranda Gardens Phase I, to be located at 1625 N. Waterman Avenue, El Centro, CA 92243, and further identified by APN 064-470-103. Council Member Viegas-Walker had a few questions regarding the covered parking, EV charging stations (how many spaces will be available), and solar. Ms. Nava explained that Solar and EV Charging stations were a component. Ms. Nava will confirm that covered parking was part of the plan. Council Member Viegas-Walker asked Ms. Nava to verify with Chelsea and provide the City Council with statistic of how many become lifelong residents and how are the residents selected. Scott, Project Manager with Chelsea, explained that the tracking of how long the tenants have lived in a unit can be calculated. He also addressed that residents are selected by income. Scott also confirmed that there will be covered parking and all solar. Mayor Oliva asked about an elevator since the buildings will be three stories high. Per Scott, buildings three stories and below do not require an elevator.
Moved by Cardenas-Singh, second by Garcia, adoption of Resolution No. SA 22-03, RESOLUTION
OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO, DECLARING AS EXEMPT SURPLUS LAND APPROXIMATELY 5.53 ACRES OF SUCCESSOR HOUSING AGENCY-OWNED VACANT PROPERTY LOCATED AT 1625 N.
WATERMAN AVENUE IN THE CITY OF EL CENTRO (APN: 064-470-103), PURSUANT TO ASSEMBLY BILL 1486, AND APPROVING THE TRANSFER OF THE PROPERTY FOR THE DEVELOPMENT OF 100% LOWER INCOME UNITS AND APPROVING OTHER ACTIONS
RELATED THERETO
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
Successor Agency to the Redevelopment Agency was adjourned at 9:06 p.m. and reconvened as City Council.
LEGISLATIVE ACTION
None
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 Oliva adjourned the meeting at 9:28 p.m.
__________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomas Oliva, Mayor