Book 37
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, SEPTEMBER 20, 2022 11:30 A.M.
The El Centro City Council met in a regular session on Tuesday, September 20, 2022 at 11:30 a.m. in Conference Room “A”, El Centro City Hall, 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 Cardenas-Singh, to adjourn into closed session for:
EL CENTRO REGIONAL MEDICAL CENTER
Pursuant to Govt. Code Section 37606.1(b), for the purposes only of discussion and deliberation on reports involving hospital trade secrets as defined in Civil Code Section 3426.1(d) which, if prematurely disclosed, would create the probability of depriving the hospital of a substantial economic benefit. There will be discussion of three (3) items: hospital service, hospital programs and hospital facilities.
EXISTING LITIGATION
Upon the advice of its legal counsel, the City Council will recess to closed session pursuant to Government Code Section 54956.9(d)(1) regarding the following litigation against the City: John Seaman v. City of El Centro.
Motion unanimously carried.
Closed Session concluded at 1:00 p.m.
City Council recessed to 6:00 p.m.
OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, September 20, 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
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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
During closed session the City Council discussed pending litigation as well as certain issues ECRMC. No action was taken.
SCHDULED PRESENTATIONS
1. Proclamation – Childhood Cancer Awareness
PUBLIC COMMENTS
Public comments were received by Pete Rodriguez, Rosario Velarde, Martha Macias, and James Gonzalez.
CONSENT AGENDA
Moved by Viegas-Walker, second by Cardenas-Singh, approving consent agenda items #2 – #9.
2. Approval of Warrant Registers for the Month of August 2022.
3. Approval of Payroll Registers for the Month of August 2022.
4. Approval of Treasurer’s Report for the Month of August 2022.
5. 2nd Reading and Adoption of Ordinance No. 22-05, ORDINANCE OF THE CITY OF EL CENTRO REVISING CHAPTER 24 SECTION 24-11 TO ADD SECTION 24-11 (B) (1) PROVIDING THE
ABILITY TO ADOPT SPECIFIC FEE SCHEDULE FOR CERTAIN CIRCUMSTANCES WITH CERTAIN CITY COUNCIL FINDINGS, waive reading and adopt by title only.
6. Adoption of Resolution No. 22-97, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO CONFIRMING THE CONTINUATION OF THE 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 SEPTEMBER 10, 2022 THROUGH OCTOBER 20, 2022
7. Accepted notification that the City of El Centro and El Centro Regional Medical Center Conflict of Interest Codes will need an amendment and referred this to the City Attorney to prepare the necessary documents to be brought back to City Council for adoption prior to December 31, 2022.
8. Approval of the plans and specifications for the On-Call Signal and Traffic Equipment Maintenance Services and authorize staff to release for public bidding.
9. Adoption of Resolution No. 22-98, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING AN UPDATED SOCIAL MEDIA POLICY.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None
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PUBLIC HEARING
10. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding Conditional Use Permit No. 21-07 for Telecommunications Tower at 330 Wake Avenue. Presentation by Angel Hernandez, Interim Community Development Director. Mayor Oliva declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Mr. Franklin Orozco, representing Parallel Infrastructure, spoke about the purpose of this tower is to close a significant gap in cell phone services. Seeing no one else wishing to speak, the public hearing was closed. Mayor Pro-Tem Cardenas-Singh asked where the last cell tower was placed and asked if the City has a policy in place that sets the parameters in regards how close these cell phone towers have to be from one another. Mr. Hernandez confirmed that the City did not have a policy in place. City attorney Martyn explained that federal law by regulation limits what public agencies can do regarding cell towers. Large part because of the 5G rollout it has gotten more restrictive for cities and number 2, state law does the same. Mayor Oliva wanted to know what the extent of the City’s authority to prevent this from getting out of hand. When does federal and state law come in and say we have not a say so regarding the cell towers. Per the city attorney, if the City can show that the tower is not needed for coverage, we would have a greater ability to chance to deny it. Council member Marroquin asked how many cell towers were owned by T-Mobile. Mr. Hernandez said that T-Mobile owned six towers.
Moved by Garcia, second by Oliva, Defeated Resolution No. 22-99, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A CONDITIONAL USE PERMIT 21-07 FOR A 65-FOOT TELECOMMUNICATIONS TOWER AT 330 WAKE AVENUE. Resolution was defeated.
AYES: Garcia, Oliva
NOES: Cardenas-Singh, Marroquin
ABSENT: None
ABSTAINED: Viegas-Walker
NEW BUSINESS
11. Presentation by Dulce Bedolla, Human Resource Director, approve human resource department new staffing recommendation for a Risk Manager. Council Member Viegas-Walker spoke against the adoption of the position
Mayor Pro-Tem Cardenas-Singh made a motion to approve the position and Mayor Oliva second the motion, MOTION DID NOT PASS.
AYES: Oliva, Cardenas-Singh
NOES: Garcia, Viegas-Walker, Marroquin
ABSENT: None
ABSTAINED:None
12. Moved by Viegas-Walker, second by Marroquin, adoption of Resolution No. 22-100, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO DESIGNATING PORTIONS OF CYPRESS DRIVE AS “PERMIT PARKING ONLY”
AYES: Viegas-Walker, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: None
ABSTAINED:Garcia
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13. Moved by Viegas-Walker, second by Garcia, adoption of Resolution No. 22-101, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING AND AUTHORIZING THE EXECUTION OF A LANDSCAPE MAINTENANCE AGREEMENT (LMA 11-8478) WITH
CALTRANS
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
14. Moved by Viegas-Walker, second Garcia, adoption of Resolution No. 22-102, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL APPROVING THE IMPERIAL VALLEY RESOURCE
MANAGEMENT AGENCY AMENDED AND RESTATED JOINT POWERS FORMATION
AGREEMENT
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
DEPARTMENT REPORT
15. Report by Chief of Police Robert Sawyer and Sergeant Thompson gave a report on Homelessness.
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
Reported on activities.
ADJOURNMENT
With no further business to come before City Council, meeting was adjourned at 8:49 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomás Oliva, Mayor