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REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JUNE 21, 2022 11:30 A.M.
The El Centro City Council in a joint regular session on Tuesday, June 21, 2022 at 11:36 a.m. in RDA Conference Room, 1249 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 Garcia, second by Viegas-Walker, 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.
ANTICIPATED LITIGATION
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 possible claim of a former employee.
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 - Manuel Avendano, and Arturo Lucero v.
City of El Centro, ECU 002428.
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).
Motion unanimously carried.
Closed Session concluded at 12:45 p.m.
City Council recessed to 6:00 p.m.
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OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, June 21, 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 Council Member Viegas-Walker.
CITY ATTORNEY REPORT ON CLOSED SESSION
During the closed session City Council considered labor negotiations, all of the units except Water and Wastewater have a tentative agreement. Water and Wastewater agreement is expected soon. We hope to have them on the agenda July 5th agenda. While so considered litigation against the City, which has been filed as a possible claim.
SCHDULED PRESENTATIONS
1. Presentation of new personnel by Mr. Paul Lu, YK America. Mr. Lu is stepping down from his role as a Public Relations Manager with YK America. Mr. Ian Bae will be taking his place.
2. Accessity Business Loans Presentation by Larisa Urias. Presentation cancelled for medical reasons.
PUBLIC COMMENTS
None
CONSENT AGENDA
Moved by Viegas-Walker, second by Garcia, approving consent agenda items #3 – #10.
3. Approval of Warrant Registers for the Month of May 2022.
4. Approval of Payroll Registers for the Month of May 2022.
5. Approval of Treasurer’s Report for the Month of May 2022.
6. 2nd Reading and Adoption of Ordinance No. 22-, 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 22-02, waive reading and adopt by title only.
7. Adoption of Resolution No. 22-55, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2022-2023 FISCAL YEAR
IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA
8. Adoption of Resolution No. 22-56, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO RENEWING AND CONFIRMING RESOLUTION NO. 20-14 REGARDING A
DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19
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9. Adoption of Resolution No. 22-57, RESOLTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING AN AGREEMENT FOR TEMPORARY TRANSFER OF VEHICULAR EQUIPMENT – TYPE VI FIRE ENGINE
10. Adoption of Resolution No. 22-58, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF
IMPERIAL FOR THE REGIONAL AERIAL IMAGERY ACQUISITION PROJECT AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None
PUBLIC HEARING - CONTINUED
11. This is the continuance of the 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. Mr. Campos reported that Mayor Oliva, Mayor Pro-Tem Cardenas-Singh and staff had a meeting with CR&R to discuss several items and what actions were taken. Items discussed were the services of the trucks and the leaking of oil on private property. Nine new trucks have been ordered by CR&R, they have received three new trucks and the rest are on backorder and will be received by end of the year. Another issue discussed was missed trash pick-up dates and the missed days were due to staffing issues. Ten new drivers have been brought in by CR&R and they also have drivers on stand-by to assure this issue does not happen again. Street sweeping was another issue discussed and the company performing the street sweeping will be going through high trafficked areas early in the morning to avoid cars parked on the street sweeping route. Communication has been assigned to Matthew Gray, by CR&R to be the main point of contact for the City. If CR&R experiences any issues or any concerns in service they will notify staff which will be related to City Council. Social media advisories will be posted so the public is aware of the issues going on with CR&R. The contract was reviewed, especially under the liquidated damages section, should something come up in the future. Senior discount was also discussed and will be brought back to Council with any updates and for further exploration. There was also a request to highlight some of the existing services and new services. CR&R is adding new services, paper shredding events, twice a year. A sharp collection program is being established, where the public can contact CR&R and a container will be mailed and once its filled, the container can be mailed back. As for SB 1383, an annual compost giveaway, a service that will be added and advertised by the City of El Centro and CR&R.
Reminder to the public, existing services are curb-side bulky item pick-up, public needs to call CR&R to schedule this service. There is a dumping privilege every Saturday, residents can go from 7:00 a.m. to 12:00 p.m. and take their trash. Curbside used oil collection, it can be scheduled with CR&R for pick-up.
The City website has been updated to show information on the other services which are provided by CR&R, including construction demolition debris, spinning roll-off and lowboy services.
Mayor Oliva reconvened the public hearing and asked if anyone wished to speak in favor or opposition to come forward. Angie Mason and Erich Hass spoke regarding their concerns with CR&R.
Mayor Oliva closed the public hearing portion and brought it back to Council. Council Member Viegas-Walker had a few comments regarding this item. She would like to see changes on the City’s website; weight limits and donations to other organizations besides Salvation Army. A designated person to call for issues, a phone number to call, and instructions on how it has to be reported.
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Communication system has to be established for any issues or problems. How to advertise the services that they provide. E-waste disposal, where, when and what is accepted. Advanced information on Christmas tree disposal, when it will take place, period of time it will be available and where it will be taking place. Senior rates should be discussed so they can be offered to senior citizens on a fixed income.
Mayor Oliva would like the public to know that concerns the public had, were heard and addressed with CR&R. In regards to the Senior discount, the City has reviewed the franchise agreement and provisions with CR&R and the City effectively immediately put them on notice. That any failure to pick-up the required pick-up or make-up day per our agreement will be the basis for liquidated damages. The City will document pass failures as well and the City will monitor and document failures to comply with SB 1383 as specifically spelled out in the amended franchise agreement.
Complaints will also be directed to Public Works for any failures of service. To please pass any complaints to Mr. Campos at the Public Work’s department. In regards to the senior discounts, CR&R did not commit to offering this service, although they offer it to other Cities. In the near future, the City will be developing and offering a senior discount program on a pilot program basis with qualifiers. Also, the City has an existing program in place to help with payment assistance for the solid waste bill and waiver of penalties. To please contact Nena Herbert in the Finance department for assistance. Council Member Marroquin asked that the Public Works phone number be incorporated into the web page. Mr. Campos confirmed that there will be a local CR&R number for the public to call, 760-482-5656, in order for residents to call. Mayor Oliva suggested a creation of an email address for trash so it can be reported to the City. Mr. Gray from CR&R noted the e-waste can be taken on the weekends or it can be picked-up a bulky item pick-up and also IVRMA accepts ewaste. Mayor Pro-Tem Cardenas-Singh also spoke about accountability, taking a look of how we document the complaints that come through, because there is power in data on both ends. For the individual making the complaint and also on the side of resolution. She is glad to hear that CR&R hired an individual to address these complaints and to outreach to and educate the public.
Motion by Viegas-Walker, second by Garcia, adopted Resolution No. 22-59, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO, DECLARING THE RESULTS OF THE
PROPERTY OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE INCREASE
OF RESIDENTIAL AND COMMERCIAL/MULTIFAMILY SOLID WASTE RATES, COMMENCING IN FISCAL YEAR 2022/2023 AND THE SUBSEQUENT FOUR FISCAL
YEARS, MAKING FINDINGS AND APROVING SUCH RATES AND CERTAIN RELATED ACTIONS.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
UNFINISHED BUSINESS
12. Presentation by Liz Zarate, Management Assistant, discussion and any necessary action regarding the requested sponsorship from SURE Helpline Center. Ms. Zarate confirmed that they do have a business license and are compliant and good standing with the state.
Moved by Oliva, second by Marroquin, to approve the sponsorship request for $500.00.
AYES: Viegas-Walker, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: None
ABSTAINED: Garcia
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NEW BUSINESS
* Item 16 was taken out of order for discussion.
*16. Presentation by Adriana Nava, Community Services Director, discussion and related action regarding approval of a Dog Park at the southeast corner of Adams Avenue and 7th Street adjacent to the Brett Driscoll Sidewinder Skate Park and approval of $220,000 in Measure P funds for the construction of a dog park. Ms. Nava introduced the individuals working on this project, Phil and Elise Heald, Oscar Grijalva from Duggins Construction, and Mike Burk, dog trainer. Mr. and Mrs. Heald would like to donate $500,000 for a dog park to be built adjacent to the Brett Driscoll Sidewinder Skate Park.
Proposal includes a section for small dogs, a section large dogs, small restroom single compartment, an area for picnic tables and some parking along the southern boundary. Some amenities, include a trail area, water areas, and a hydrant. A sewer would have to be extended in order to install a restroom. The contribution for the City would be $459,000. Steps necessary to receive the project would be to receive the private contribution from Phil and Elise Heald, continue with the design of the dog park and move forward with a construction agreement. Item would return to Council to approve the contract with Duggins Construction, apply for an encroachment permit to work on city’s right of way and move forward with bonds required for a construction project. Upon completion of the project, the City will maintain and manage the dog park facility. The project that is being proposed is consistent with the City’s Master Plan and exceeds some of the threshold requirements for the dog park. The Library and Community Services Board recommended a contribution of $220,000 for the dog park, not including the dog park, but to cover the other amenities.
Speakers for this item were Mr. Phil Heald who spoke about the conditions for his contribution. He would like a restroom added to the dog park plans. Mike Burk spoke in favor of the dog park. He is a dog trainer and also trains therapy and service dogs. Oscar Grijalva, from Duggins Construction, spoke about how a dog park can be done in the existing park area. He thinks it’s important to have a restroom at this facility. Victor Zazueta, Library and Community Services Board member, is in support of this project. Elise Heald also spoke in favor of the dog park. Mayor Oliva asked if Council Members had any questions. Mayor Pro-Tem Cardenas-Singh had questions regarding other parks not having restrooms and problems that arise in City facilities with restrooms. Council Member Marroquin asked about pet owners cleaning after their pets. MPT Cardenas-Singh asked if other parks with restrooms were explores with other facilities that already had a restroom. Ms. Nava confirmed that other sites were explored but the chosen location was the best site for the dog park. Council Member ViegasWalker commented that she met with Mr. Heald and representatives from Duggins Construction to look at the conceptual site plan and see the amenities that are being planned. Also, an opportunity to tie in with the Humane Society and ways to support them. CM Viegas-Walker is also in support of a restroom at the dog park. Ms. Nava explained that pedestrian gates were discussed to tie in with the Skate Park for the use of the restroom. Mayor Oliva is in support a dog park but asked why we are not competitively bidding this project. Ms. Nava explained that if this item would go out to bid that this item would go up in pricing.
Mayor Oliva made a motion on approving the concept without the restroom. Council Member ViegasWalker made a substitute motion to approve the concept in moving forward with dog park, send it out for competitive bidding at the shortest time frame possible with the restrooms added as added item using what we have right now. Motions did not pass.
Mr. Campos explained that this project can be done without going out to bid. The City of El Centro is a charter city and can legally do smaller projects without the bidding process.
Council Member Marroquin asked Mr. Grijalva from Duggins Construction if other sub-contractors have reached out about contributions towards the dog park. Nothing has been offered, but they are interested. Some sub-contractors have offered electrical engineering for free.
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Motion by Viegas-Walker, second by Marroquin, approve the generous $500,000 donation from the Healds and move forward with the commitment of the City in the amount of $400,000 (in Measure P funds) and to the extent we need to augment that it has been done in the past, Ms. Nava, with an additional request as you update and get more cost estimates in real time, that we move forward with the $900,000 to include restrooms facilities at the dog park.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
City Council recessed at 8:19 pm and reconvened at 8:29 pm with all Council Members present.
13. Presentation by Richard Romero, Director of Finance, Annual FY 2023 budget. Mayor Oliva asked that the contribution that is given to IVEDC, to be given to SBDC.
Moved by Viegas-Walker, second by Cardenas-Singh, adoption of Resolution No. 22-60,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
14. Presentation by Liz Zarate, Management Assistant, Measure P Project Request.
Moved by Viegas-Walker, second by Oliva, consideration of requests for recommended projects from each Measure P Task Force Group.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAIN: None
15. Presentation by Adriana Nava, Community Services Director, discussion and related action regarding Parks and Recreation and Aquatic Center Fees be Exempted from Automatic 3% Increase for Fiscal Year 2022-2023.
Moved by Cardenas-Singh, second by Viegas-Walker, adoption of Resolution No. 22-61,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO DIRECTING THAT
ALL AQUATIC CENTER AND RECREATION AND PARK FEES BE EXEMPTED FROM THE AUTOMATIC 3% FEE INCREASE FOR FY 2022-2023
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED:None
16. *Moved for discussion
17. Presentation by Abraham Campos, PE – Director of Public Works/City Engineer, discussion and any necessary action regarding the approval of plans and specifications for the Extension of Imperial Avenue from Interstate 8 to Wake Avenue East of Imperial Avenue – Phase I Moved by Viegas-Walker, second by Garcia, approval of plans and specifications for the Extension of Imperial Avenue from Interstate 8 to Wake Avenue and Wake Avenue East of Imperial Avenue – Phase I and authorize staff to release for public bidding.
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AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
18. Presentation by Abraham Campos, PE – Director of Public Works/City Engineer, discussion and any necessary action regarding the approval of plans and specifications for the Extension of Imperial Avenue from Wake Avenue to Danenberg Drive – Phase II
Moved by Garcia, second by Viegas-Walker, approval of plans and specifications for the Extension of Imperial Ave. from Wake Avenue to Danenberg Drive – Phase II and authorize staff to release for public bidding
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
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
No report.
ADJOURNMENT
With no further business to come before City Council, Mayor Oliva adjourned the meeting at 9:41p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomas Oliva, Mayor