AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, MARCH 7, 2023
City Hall Regular Meeting 11:30 AM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by March 7, 2023.
COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.
To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.
Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Martha Cardenas-Singh Interim City Manager: Cedric Ceseña Mayor Pro-Tem: Sylvia Marroquin City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Tomás Oliva
Sonia Carter
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.
Agenda City Council of the City of El Centro March 7, 2023 City of El Centro Page 2
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION
POSSIBLE 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 that the City will initiate litigation under Govt Code Section 54956.9(d)(2).
EXISTING LITIGATION
The City Council will recess to closed session to consider existing matters in the case of Alonso v. City of El Centro.
PERSONNEL MATTERS
The City Council will recess to closed session pursuant to Government Code Section 54957 to consider the appointment to the position of City Manager.
LABOR RELATIONS NEGOTIATIONS
The City Council will recess to closed session pursuant to Govt. Code Section 54957.6 to meet with the Interim City Manager and Human Resources Director for the purposes of instructing its representatives regarding matter of salary schedules, compensation paid in the form of fringe benefits or other matters within the scope of representation for the position of Police Lieutenant.
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) - claim of Leticia Verdugo and summary of claims; two additional cases.
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 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 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.
Agenda City Council of the City of El Centro March 7, 2023 City of El Centro Page 3
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 PM - CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:15 PM (TIME MAY VARY) PUBLIC COMMENTS
The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:20 PM - CONSENT AGENDA:
1. Approval of City Council Minutes of November 15, 2022 (Special Meeting), November 15, 2022, December 6, 2022 and December 7, 2022. 6:20-6:40 PM - PUBLIC HEARING:
2. Public hearing for the purpose of the issuance of multi-family housing revenue bonds for Jacaranda Gardens Apartments
PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:
1) Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”); and 2) Adopt Resolution 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE
PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION,
CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF JACARANDA GARDENS
APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO
Agenda City Council of the City of El Centro March 7, 2023 City of El Centro Page 4
6:40-7:15 PM - NEW BUSINESS:
3. Director of Finance Employment Contract
PRESENTATION: Dulce Bedolla, Human Resources Director
RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO ESTABLISHING THE COMPENSATION AND
EMPLOYMENT TERMS FOR THE POSITION OF DIRECTOR OF FINANCE
4. Award of Water Treatment Plant Overflow Modification to Raw Water Storage Ponds Project
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:
Adopt Resolution No. 23- , 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
OVERFLOW MODIFICATION TO RAW WATER STORAGE PONDS PROJECT
5. Retention of Lobbyist for the City
PRESENTATION: Tomas Oliva, Council Member
RECOMMENDATION:
Discuss the process of retention of a lobbyist and identify lobbyist and/or firms to contact for proposals. Consider increasing the budget for these services for the remainder of this fiscal year and/or the upcoming fiscal year. 7:15-7:25 PM - LEGISLATIVE ACTION:
6. State Ballot Initiative No. 21-0042A1
INFORMATIONAL ITEMS:
7. Imperial Avenue / Euclid Avenue sink hole emergency work update
8. Imperial Avenue / Scott Avenue sink hole emergency work update 7:25-7:55 PM - TASK FORCE REPORTS AND MAYOR - COUNCIL
MEMBER REPORTS:
Agenda City Council of the City of El Centro March 7, 2023 City of El Centro Page 5
7:55-8:05 PM - 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: 03/07/23 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 # 5874) DOC ID: 5874
Approval of City Council Minutes of November 15, 2022
(Special Meeting), November 15, 2022, December 6, 2022 and December 7, 2022.
CITY MANAGER’S RECOMMENDATION:
Approval of City Council Minutes of November 15, 2022 (Special Meeting), November 15, 2022, December 6, 2022 and December 7, 2022.
ATTACHMENTS:
• 11-15-22 Special Meeting (DOCX)
• 11-15-22 Regular CC Minutes (DOCX)
• 12-06-22 Regular CC Minutes (DOCX)
• 12-07-2022 Adj. Regular Meeting CC Minutes(DOCX)
1 Packet Pg. 6
Book 37
SPECIAL MEETING
EL CENTRO CITY COUNCIL
CITY HALL
CONFERENCE ROOM A
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, NOVEMBER 15, 2022 5:30 P.M.
The El Centro City Council met in special session on Tuesday, November 15, 2022 at 5:33 p.m. in Conference Room A, 1275 Main Street, El Centro, California.
PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans CLOSED SESSION PUBLIC COMMENT:
No comments were received.
CITY COUNCIL CLOSED SESSION
Moved by Viegas-Walker, second by Marroquin, to adjourn into closed session at 5:33 p.m. 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.
ADJOURNMENT
With no further business to come before City Council, Mayor Oliva adjourned the special meeting 6:04 p.m. ____________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Tomás Oliva, Mayor
1.a
Packet Pg. 7
Attachment: 11-15-22 Special Meeting (5874 : Approval of City Council Minutes) Book 37
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, NOVEMBER 15, 2022 11:30 A.M.
The El Centro City Clerk adjourned the regular meeting of the City Council scheduled for Tuesday, November 15, 2022 at 11:30 a.m. until Tuesday, November 15, 2022 at 6:00 p.m. for open session. No closed session was held.
OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, November 15, 2022 at 6:06 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, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Garcia (arrived at 6:07 p.m.)
Pledge of Allegiance to the flag of the United States of America was led by Mayor Pro-Tem Cardenas-Singh, and Invocation was given by Mayor Oliva.
CITY ATTORNEY REPORT ON CLOSED SESSION
There was no 11:30 a.m. closed session. There was a brief closed session between 5:30 and 6:00 to discuss ECRMC and in that regard, there is an additional item that the City Clerk will asking you to add to the agenda this evening.
Agenda item will be added after the public comments portion.
PRESENTATION AND ANNOUNCEMENT BY MAYOR
1. Proclamation for Small Business Saturday was read by Mayor Oliva.
PUBLIC COMMENTS
Public comments were received by Pete Rodriguez.
ADDED ITEM
Motion by Viegas-Walker, second Marroquin, to add item 18b. ECRMC Restructuring Ordinance AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
CONSENT AGENDA
Moved by Viegas-Walker, second by Marroquin, approving consent items #2 to #11.
2. Approval of Warrant Registers for the Month of October 2022.
3. Approval of Payroll Registers for the Month of October 2022.
4. Approval of Treasurer’s Report for the Month of October 2022.
1.b
Packet Pg. 8
Attachment: 11-15-22 Regular CC Minutes (5874 : Approval of City Council Minutes) Book 37
5. Adoption of Resolution No. 22-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AMENDING THE CITY OF EL CENTRO CONFLICT OF INTEREST CODE BY UPDATING APPENDIX B.
6. Adoption of Resolution No. 22-123, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING UPDATED APPENDICES “B” AND “C” OF THE CONFLICT OF
INTEREST CODE FOR THE EL CENTRO REGIONAL MEDICAL CENTER BOARD OF TRUSTEES AND FOR HOSPITAL EMPLOYEES.
7. 2
nd Reading and Adoption of Ordinance No 22-07, AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REPEALING CHAPTER 22.1 “SIGNS” AND ADOPTING CHAPTER 19 “SIGNS” REPEALING CHAPTER 29 ZONING, FOR CONFORMANCE WITH THE EL CENTRO WITH THE EL CENTRO 2040 GENERAL PLAN UPDATE AND 6TH CYCLE HOUSING ELEMENT UPDATE AND 6TH CYCLE HOUSING ELEMENT, waive reading and adopt by title only.
8. Adoption of Resolution No. 22-124, 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 NOVEMBER 15, 2022 THROGH DECEMBER 15, 2022.
9. Adoption of Resolution No 22-125, REVIEWING AND CONFIRMING THE PROCLAMATION OF LOCAL EMERGENCY IN THE CITY OF EL CENTRO.
10. Approval of first amendment to master license agreement with New Cingular PCS, LLC for small cell facilities collated in the public right of way.
11. Adoption of Resolution No. 22-126, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING AND AUTHORIZING THE EXECUTION OF A LANDSCAPE MAINTENANCE AGREEMENT (LMA 11-8473) WITH CALTRANS.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None
PUBLIC HEARING
12. This was the date and time set for a public hearing for to discuss approval of the Permanent Local Housing Allocation Five-Year Plan and Resolutions Authorizing Submittal of Grant Applications.
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. No one came forward and the public hearing was closed.
Motion by Marroquin, second by Viegas-Walker, adoption of Resolution No. 22-127, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AUTHORIZING THE
APPLICATION AND ADOPTING THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN FOR THE PLHA PROGRAM.
1.b
Packet Pg. 9
Attachment: 11-15-22 Regular CC Minutes (5874 : Approval of City Council Minutes) Book 37
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
Motion by Marroquin, second by Viegas-Walker, adoption of Resolution No. 22-128, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AUTHORIZING THE
APPLICATION AND ADOPTING THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN FOR THE PLHA PROGRAM (COLONIAS).
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
NEW BUSINESS
13. Presentation by Adriana Nava, Community Services Director, discussion on establishing priorities for 2022-2023 Community Development Block Grant Funding Cycle. City Council provided direction to Ms. Nava regarding the CDBG Priorities. Council Member Viegas-Walker asked that sidewalks and safe routes to school remain a priority. She would like for Council to keep addressing the most vulnerable in the City. Mayor Oliva asked that sidewalks be prioritized under the CDBG program.
Council Member Marroquin mentioned that she too has received calls from constituents regarding city condition of the sidewalks and to make sidewalks are safer and leveled. Mr. Campos, Public Works Director/City Engineer, commented that they have taken multiple directions on sidewalks and at the moment they are removing dipping hazards. Plus, Engineering has awarded a contract for yearly maintenance program for the sidewalks. This program is mainly focusing in school areas. Mayor ProTem Cardenas-Singh asked that Council look at the funding and how it can help the PAL program.
Council Member Marroquin asked that Council also looked in to funding Catholic Charities – Senior Nutrition Program. Ms. Nava mentioned that she would keep all the suggestions in mind when it comes time to fund the priorities.
14. Moved by Viegas-Walker, second by Marroquin, adoption of Resolution No. 22-129, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING AND EXTENDING THE
AGREEMENT FOR ROUTINE JANITORIAL MAINTENANCE OF THE OF THE COMMUNITY
CENTER, ADULT CENTER, OLD POST OFFICE PAVILION, AND IMPERIAL COUNTY WORK TRAINING CENTER, INC. TO SERVICE THE LIBRARY.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
15. Moved by Viegas-Walker, second by Cardenas-Singh, approval of bid documents for the Debbie Pittman Field Lighting Project and authorize the Community Services Department to send out to bid.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
1.b
Packet Pg. 10
Attachment: 11-15-22 Regular CC Minutes (5874 : Approval of City Council Minutes) Book 37
16. Moved by Viegas-Walker, second by Cardenas-Singh, adoption of Resolution No. 22-130,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO SUPPORTING A FUNDING FOR THE IMPERIAL IRRIGATION DISTRICT’S.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
17. Moved by Viegas-Walker, second by Marroquin, to cancel the January 3, 2023 City Council meeting.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
18. Discussion and any necessary action regarding appointment to the Planning Commission to fill two scheduled vacancies with terms ending October 3, 2026. Item was tabled to December 6, 2022. 18b. . Moved by Viegas-Walker, second by Marroquin, Introduction and Adoption of Urgency Ordinance No. 22-08, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO
RESTRUCTURING THE EL CENTRO REGIONAL MEDICAL CENTER BOARD OF TRUSTEES AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
DEPARTMENT REPORTS
19. Code Enforcement Update by Angel Hernandez, Community Development Director and Anna Garcia, Code Enforcement Officer.
20. CR&R Service Performance Update by Abraham Campos, Public Work Director/City Engineer.
21. ARPA Temporary Employees Update by Abraham Campos, Public Work Director/City Engineer.
22. Imperial Avenue /Euclid Avenue sink hole emergency work update by Abraham Campos, Public Work Director/City Engineer.
23. Imperial Avenue Scott Avenue sink hole emergency work update by Abraham Campos, Public Work Director/City Engineer.
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.
1.b
Packet Pg. 11
Attachment: 11-15-22 Regular CC Minutes (5874 : Approval of City Council Minutes) Book 37
ADJOURNMENT
With no further business to come before City Council, meeting was adjourned at 8:41 p.m. in memory of Kristen Rae.
__________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomás Oliva, Mayor
1.b
Packet Pg. 12
Attachment: 11-15-22 Regular CC Minutes (5874 : Approval of City Council Minutes) Book 37
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, DECEMBER 6, 2022 11:30 A.M.
The El Centro City Clerk adjourned the regular meeting of the City Council scheduled for Tuesday, December 6, 2022 at 11:30 a.m. until Tuesday, December 6, 2022 at 6:00 p.m. for open session. No closed session was held.
OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, December 6, 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, Interim City Manager Ceseña, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Mayor Pro-Tem Cardenas-Singh, and Invocation was given by Mr. Steven Walker.
CITY ATTORNEY REPORT ON CLOSED SESSION
No report.
PUBLIC COMMENTS
Public comments were received by Henry Rosas.
CONSENT AGENDA
Consent Agenda items #1 and #2 have been continued to an adjourned City Council meeting of December 7, 2023 at 12:00 p.m.
NEW BUSINESS
New business item #3 was continued to an adjourned City Council meeting of December 7, 2022.
RECOGNITION OF OUTGOING COUNCIL MEMBER CHERYL VIEGAS-WALKER
4. Presentations to outgoing Council Member Viegas-Walker were made at this time from the following:
- Office of Congressman Juan Vargas, presented by Mayor Pro-Tem Cardenas-Singh. - Office of Assembly Member Eduardo Garcia, presented by Mayor Pro-Tem Cardenas-Singh. - League of California Cities, presented by Catherine Hill, Regional Public Affairs Manager, San Diego County and Imperial County Divisions.
- SCAG – Southern California Association of Governments - San Diego Association of Governments, presented by Hasan Ikhrata. - Imperial County Transportation Commission, presented by Maria Nava, Mayor Pro-Tem, City of Calipatria and David Aguirre, Executive Director.
1.c
Packet Pg. 13
Attachment: 12-06-22 Regular CC Minutes (5874 : Approval of City Council Minutes) Book 37
- El Centro Regional Medical Center, presented by CEO Scott Phillips. - Imperial Valley Regional Chamber of Commerce, presented by Anne Irigoyen, President. - Imperial Valley Juvenile Justice Commission, presented by Pat Ureña, Elizabeth Sais, Assistant Chief Probation Officer.
- Imperial Valley Special Olympics
- City of El Centro City Staff, presentation by Chief Robert Sawyer and Cedric Ceseña, Interim City Manager.
- Steven Walker,
- On behalf of Captain Michael Lee, NAF El Centro.
- Chris Petree, former El Centro Fire Chief
- Gil Rebollar, Imperial County Public Information Officer - James Gonzalez, Autism Support of Imperial County
Remarks by outgoing Council Members and Council Member Viegas-Walker.
LEGISLATIVE ACTION
None
TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Reports were continued to December 7, 2022 at 12:00 p.m.
CITY MANAGER REPORT
Report was continued to December 7, 2022 at 12:00 p.m.
ADJOURNMENT
Meeting ended at 7:07 p.m. and was adjourned to December 7, 2022 at 12:00 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomás Oliva, Mayor
1.c
Packet Pg. 14
Attachment: 12-06-22 Regular CC Minutes (5874 : Approval of City Council Minutes) Book 37
ADJOURNED REGULAR MEETING
EL CENTRO CITY COUNCIL
CONFERENCE ROOM A, CITY HALL
1275 MAIN STREET, EL CENTRO, CA
WEDNESDAY, DECEMBER 7, 2022 12:00 P.M.
The El Centro City Council met in adjourned regular session on Wednesday, December 7, 2022 at 12:01 p.m. in Conference Room A, City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Mayor Oliva, and Invocation was given by Mayor Oliva.
PUBLIC COMMENTS
None
CONSENT AGENDA
Moved by Viegas-Walker, second by Cardenas-Singh, approving consent items #1-2.
1. Adoption of Resolution No. 22-131, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF A 6” SUPERT SERIES CI W/CATERPILLAR ENGINE FOR THE WASTEWATER TREATMENT PLANT.
2. Adoption of Resolution No. 22-132, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT
FOR ON-CALL SIGNAL AND TRAFFIC EQUIPMENT MAINTENANCE SERVICES FOR THE CITY OF EL CENTRO.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None
NEW BUSINESS
3. Presentation by Angel Hernandez, Community Development Director, discussion and any action regarding amending Chapter 16, Article XIV of the El Centro City Code related to Garage Sales, Council Member Viegas-Walker had several questions regarding the number of garage sales permits are given out per year. She would like the $20.00 feel to be eliminated and create a fill-in form where people can fill out whenever they are having a garage sale. Mayor Oliva is asking that this ordinance be amended in order for people to have more freedom and have more yard sales per year. Mayor ProTem Cardenas-Singh wanted to know what impact this would have on code enforcement with the increased yard sales. Anna Garcia, Code Enforcement Officer said that she only has four hours every other weekend to check the permits that have been issued and that they are complying. Mayor ProTem wanted to know how many days people are going to be allowed to have the garage sale. Council
1.d
Packet Pg. 15
Attachment: 12-07-2022 Adj. Regular Meeting CC Minutes (5874 : Approval of City Council Minutes) Book 37
Member Marroquin wanted to know if Community Development kept a database on the permits that were issued and Mr. Hernandez confirmed that a database is kept when garage sales permits are issued.
Council Member Viegas-Walker wanted to know of the permits that are issued, how many of them are one person having one garage sale per year, versus the people that have multiple garage sales per year. that Mr. Hernandez did not have that information available. Mayor Oliva asked Mr. Hernandez, if it was more, or less or neutrally difficult for staff to have to deal with figuring out which two days people are choosing versus it being defaulted to Saturday and Sunday. Mr. Hernandez said people are adding three days just in case. Mayor Oliva stated that if any individual wanted to come in and choose two days, then the permit would be for any two days they chose. They are only allowed one permit per month, no option for an additional one, regardless of fee and the one per calendar would cover two days, free of charge, but a permit is still required. Ms. Anna Garcia stated that when the City had no ordinance, their department received many complaints from neighbors from the same neighborhoods where garage sales were being held. When an ordinance was adopted, people where happy that there was more control of what happens in the City. Ms. Garcia suggested that garage sale address be shared with the public.
Mayor Oliva summarized the requirements for this ordinance:
- 1 Garage Sale permit per month
- Choose two days in that calendar month
- No Fee
- Permit form will have opt-in language for listing of the address Mayor Oliva made a motion to adopt Ordinance 22-09. Council Member Viegas-Walker made a substitute motion to provide the public outreach with the proposed changes and add this item agenda for the December 20th City Council meeting, motion failed because there was already a motion on the table. Mayor Oliva stated that there was a motion on the table to adopt this ordinance.
Motion by Oliva, second by Marroquin, approval of Ordinance No. 22-09, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16 “LICENSE AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-413 TO PROVIDE A FEE WAIVER FOR A PERMIT TO HOLD A
GARAGE SALE ON THE SECOND SATURDAY OF EACH CALENDAR MONTH AND TO INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO 2 PER MONTH , waive reading and approve as first reading and authorize the City Clerk to place on the next agenda for second reading and adoption
AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: Viegas-Walker
ABSENT: None
ASTAINED: None
ADJOURNMENT
With no further business to be discussed, the closed session was adjourned at 12:58 p.m. ______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Tomás Oliva, Mayor
1.d
Packet Pg. 16
Attachment: 12-07-2022 Adj. Regular Meeting CC Minutes (5874 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 03/07/23 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
ACTION ITEM (ID # 5841) DOC ID: 5841
Public hearing for the purpose of the issuance of multi-family housing revenue bonds for Jacaranda Gardens Apartments
CITY MANAGER’S RECOMMENDATION:
1) Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”); and 2) Adopt Resolution 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING THE ISSUANCE OF THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE
BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF
JACARANDA GARDENS APARTMENTS AND CERTAIN OTHER MATTERS
RELATING THERETO
FISCAL IMPACT:
The bonds to be issued by the California Municipal Finance Authority for the Project will be the sole responsibility of the Jacaranda Gardens CIC, LP a partnership of Chelsea Investment Corporation. The City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 6: Economic Opportunity - 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:
N/A
BACKGROUND:
Jacaranda Gardens CIC, LP (the “Borrower”) a partnership of Chelsea Investment Corporation (the “Developer”), has requested that the California Municipal Finance Authority (CMFA) adopt a plan of financing providing for the issuance of exempt facility bonds not to exceed $25,000,000, to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at the northeast corner of North Waterman Drive and Lincoln Avenue (APN 064-470-103), El Centro, California.
2 Packet Pg. 17
Action Item (ID # 5841) Meeting of March 7, 2023
DISCUSSION:
In order for all or a portion of the bonds to qualify as tax-exempt bonds, the City of El Centro must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the project must provide its approval of the issuance of the bonds for the financing of the project.
The bonds to be issued by the CMFA for the project will be the sole responsibility of the borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the project or the repayment of the bonds for the financing of the project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the borrower.
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 330 municipalities, including the City of El Centro, have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financing.
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of El Centro, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.
CONCLUSION:
1) Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”); and 2) Adopt Resolution 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING THE ISSUANCE OF THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE
BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF
JACARANDA GARDENS APARTMENTS AND CERTAIN OTHER MATTERS
RELATING THERETO
2 Packet Pg. 18
Action Item (ID # 5841) Meeting of March 7, 2023
ATTACHMENTS:
• Exhibit A - Resolution (PDF)
2 Packet Pg. 19
02/2023/cdz/A23-0026/Reso/TEFRA_CMFAJacarandaGardensProject RESOLUTION NO. 23-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING THE ISSUANCE OF THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY MULTIFAMILY
HOUSING REVENUE BONDS IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR
THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION, CONSTRUCTION, IMPROVEMENT AND
EQUIPPING OF JACARANDA GARDENS APARTMENTS
AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Jacaranda Gardens CIC, LP (the “Borrower”) a partnership of which Chelsea Investment Corporation (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1625 N. Waterman Avenue, El Centro, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of El Centro (the “City”) because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of El Centro as follows:
Section 1. The foregoing resolutions are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.
It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in
2.a
Packet Pg. 20
Attachment: Exhibit A - Resolution (5841 : Jacaranda Gardens - TEFRA Public Hearing) 02/2023/cdz/A23-0026/Reso/TEFRA_CMFAJacarandaGardensProject which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 6. This resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the ___ day of __________, 2023.
CITY OF EL CENTRO
By:
Martha Cardenas-Singh, Mayor
ATTEST:
By:
Norma Wyles, City Clerk
2.a
Packet Pg. 21
Attachment: Exhibit A - Resolution (5841 : Jacaranda Gardens - TEFRA Public Hearing) 02/2023/cdz/A23-0026/Reso/TEFRA_CMFAJacarandaGardensProject 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. 23- 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 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
2.a
Packet Pg. 22
Attachment: Exhibit A - Resolution (5841 : Jacaranda Gardens - TEFRA Public Hearing) City Council of the City of El Centro Meeting: 03/07/23 11:30 AM 1275 Main Street Department: Human Resources
El Centro, CA 92243 Category: Personnel
Prepared By: Dulce Bedolla
SCHEDULED Department Head: Dulce Bedolla
ACTION ITEM (ID # 5873) DOC ID: 5873
Director of Finance Employment Contract
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS
FOR THE POSITION OF DIRECTOR OF FINANCE
FISCAL IMPACT:
Compensation for this contract will be paid by the General Fund.
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:
BACKGROUND:
The former Finance Director retired in December 2022. Thereafter, the City conducted a recruitment process to hire a new Director of Finance. As a result of this recruitment, Ms. Karla Chaparro was selected for the position.
DISCUSSION:
Ms. Chaparro's monthly salary will be $12,109. She will also receive a car allowance in the amount of $300.
As it relates to the employment contract, the overall benefits of the position are the same as those for other City Department Heads.
CONCLUSION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS
FOR THE POSITION OF DIRECTOR OF FINANCE
ATTACHMENTS:
• Director of Finance Reso 2023 (DOCX)
3 Packet Pg. 23
00087467.1
02/2023/cdz/A23-0037/Reso/EmploymentContract_FinanceDirector 1 RESOLUTION NO. 23-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING
THE COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF
DIRECTOR OF FINANCE
WHEREAS, Karla Chaparro (the “Employee") now has been appointed to the position of Director of Finance; and
WHEREAS, this Resolution constitutes a contract of employment between the Employee and the City of El Centro (the “City” or the “Employer”) and is approved and adopted at an open session regular meeting of the City Council; and
WHEREAS, in light of the foregoing facts, the City Council of the City of El Centro, California (“the City Council”) finds that the approval of this resolution will be in the best interest of the City of El Centro, California, in order to determine the compensation provisions for Employee; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing is true and correct and adopted hereby.
2. Resolution No. 22-79 is hereby repealed. The term of this Agreement is March 07, 2023, through June 30, 2025.
3. Salary. Effective March 07, 2023, the Employee shall receive a base salary twelve thousand one hundred nine ($12,109) per month for the services rendered to the City of El Centro.
4. Performance Increases. The Employee's anniversary date shall be March 07, 2023.
The Employee shall be evaluated by the City Manager on or about July 1 on each subsequent anniversary date. Assuming a satisfactory performance evaluation, the base salary shall be $12,351.00 effective July 1, 2024.
5. Medical/Life Insurance.
A. Group Health Plan. From the date of employment, the Employee shall be eligible for the Employer's comprehensive major medical, dental, life, and vision care insurance program with the same contribution and on the same terms and conditions as other employees. The Employee may obtain coverage for her legal dependents under such a program:
B. Life Insurance. The Employee shall be eligible for term life insurance provided by the City in the amount of two hundred thousand dollars ($200,000) up to the age of seventy (70). If employee has reached the age of seventy (70) the life insurance will be paid at the reduced benefit amount in accordance with the City's contract with the Life Insurance Administrator.
3.a
Packet Pg. 24
Attachment: Director of Finance Reso 2023 (5873 : Director of Finance Employment Contract) 00087467.1
02/2023/cdz/A23-0037/Reso/EmploymentContract_FinanceDirector 2 C. Disability Insurance. The Employer shall continue to provide disability insurance to the Employee.
6. Retirement. The Employee shall be eligible to participate in the City's retirement plan with the California Public Employees' Retirement System ("CalPERS"). The City will contribute one hundred percent (100%) of the employer contribution amount as determined by CalPERS. The employee shall pay the employee portion of seven percent (7%). Employee contributions will be paid pre-tax under IRS section 414 (h) (2).
Upon retirement from the City, the Employee shall have the opportunity to participate in the same comprehensive major medical, dental, life, and vision care insurance program.
If the sum of the Employee's age (expressed in years and complete months) plus the "years of service credit with the City" (as reflected in CalPERS' records) totals seventy-five (75) or greater, the Employer shall pay six hundred nineteen dollars and one cent ($619.01) towards the cost of the employee portion of said insurance until the Employee reaches age sixty-five (65).
During this time, the insurance coverage will be available to the Employee's dependents at the Employee's expense. At age sixty-five (65), the retired Employee may elect to continue said insurance coverage as a Medicare Supplement Plan, including dependent coverage, at the Employee's expense.
7. At-Will Employment Status. It is understood and agreed to by and between the parties that the Employee's employment is at-will and that the Employee serves at the pleasure of the City Manager.
8. Exemption from the City's Personnel System. It is further understood by the parties that the Employee cannot contest discipline or separation without cause from employment under the City's Personnel System. The Employee understands that she has no property right in her employment or civil service protection and cannot contest discipline or termination for cause except as otherwise provided in Section 17 below.
9. City's Policies and Procedures Applicable to the Employee. Employee shall comply with all provisions of the City Personnel Rules and Regulations as those may be amended from time to time (“Personnel Rules”) except as set out in Section 8 above and Section 17, below.
10. Vacation Leave. The Employee shall accrue vacation leave. Vacation leave is provided to the Employee for the purpose of rest and relaxation from duties and for attending to personal business.
A. Accrual. The Employee's vacation leave shall accrue at a rate of six and fifteen one-hundredths (6.15) hours bi-weekly.
B. Accumulation. Vacation leave may be accumulated up to a maximum of one and one-half (1.5) times the annual accrual rate.
C. Scheduling. The Employee's requests to take vacation leave must have the prior approval of the City Manager. Such approval shall not be unreasonably withheld.
3.a
Packet Pg. 25
Attachment: Director of Finance Reso 2023 (5873 : Director of Finance Employment Contract) 00087467.1
02/2023/cdz/A23-0037/Reso/EmploymentContract_FinanceDirector 3 D. Payment of Vacation Leave at Termination. Upon termination of employment, the Employee shall be paid for any accrued vacation leave at the Employee's current rate of pay.
E. Cash Out. For the fiscal year beginning July 1, 2022, or following Council approval, whichever occurs later, the Employee shall be allowed to cash out only the amount of the denied vacation leave hours, up to the maximum of eighty (80) hours when:
1. She has taken a minimum of one (1) week of vacation leave during the current fiscal year;
2. She thereafter is denied a request to take additional vacation leave in that fiscal year because of department or City workload or reasons beyond the control of either party to this MOU; and
3. She for such reason is unable to take said vacation leave by the end of that fiscal year without triggering overtime which would be paid by the City.
a. One-Time Payment. Such a cash-out shall be a one-time payment that is not compensable under PERS and is not part of the regular rate of pay.
b. Hardship. Effective July 1, 2022, or upon approval of the City Council, whichever occurs later, Employee may cash-out vacation leave only in the event of a financial emergency where: (i) the employee can demonstrate that they have a real financial emergency caused by an event beyond their control, (ii) it would result in serious financial hardship if the cash payment were not made, and (iii) the amount of the cash payment is limited to the amount necessary to meet the emergency. The City Manager or designee will determine, at their sole discretion, whether an emergency exists and the extent of the financial need.
11. Sick Leave. The Employee shall accrue sick leave.
A. Accrual. Sick leave shall accrue at a rate of three and sixty-nine one hundredths (3.69) hours bi-weekly.
B. Accumulation. Sick leave hours may be accumulated without restriction.
12. Administrative Leave. The Employer shall provide the Employee with eight (8) days of paid administrative leave per year effective July 1 of each year. Administrative leave shall not accumulate from year to year. Any administrative leave time remaining in the Employee's account as of June 1 of any year may be converted to cash, provided, however, that the total leave converted shall not exceed five (5) days. If administrative leave is not converted, any administrative leave time remaining as of June 30 shall be forfeited.
3.a
Packet Pg. 26
Attachment: Director of Finance Reso 2023 (5873 : Director of Finance Employment Contract) 00087467.1
02/2023/cdz/A23-0037/Reso/EmploymentContract_FinanceDirector 4
13. Car Allowance. The Employee shall receive a car allowance in the amount of three hundred dollars ($300) per month. In this regard, said car allowance applies to the Employee's use of her personal vehicle within Imperial County. The Employee is entitled to file a claim of reimbursement for use of her personal vehicle on City business for vehicular travel outside of Imperial County.
14. Holidays. The Employee shall be entitled to the same holidays as other City employees.
15. Bereavement Leave.
Bereavement Leave: AB 1949, codified in pertinent part at Government Code Section 12945.7, requires a public agency employer to provide all employees with at least 30 days of service, up to 5 unpaid days for bereavement leave upon the death of a family member. The leave does not have to be taken consecutively and must be available for 3 months after the family member's death. If the employer provides bereavement leave of fewer than 5 days, 5 days must be provided and the employee allowed to use other leave for the otherwise unpaid days. (Other provisions may apply to collective bargaining agreements). "Family member" means a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The employer may request documentation of the death within the 30 days after the leave first is used.
A. In the event of a death in the Employee's immediate family, the Employee shall be eligible for a leave of absence for up to five (5) regularly scheduled days.
Of those, 3 days will be paid and other available leave may be used for the additional 5 days. If required travel exceeds five hundred (500) miles each way, the Employee may be granted one (1) additional day (eight (8) hours) of bereavement leave.
B. The Employee's immediate family shall be defined as spouse, child, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, son-in- law, daughter-in-law, grandmother, grandfather, or a grandchild or domestic partner.
C. The leave will be available for up to 3 months after the family member’s death. Documentation of the date and location of the funeral and the date of burial shall be furnished by the Employee upon request of the City within 30 days after the leave first is used.
16. Full-Time Commitment. During the term of this agreement, the Employee shall dedicate her full-time to fulfilling her responsibilities hereunder. The Employee shall not be involved in any outside activity that conflicts with the performance of her duties as Director of Finance.
17. Employment Termination/Severance Pay. The employment of the Employee shall terminate upon written notice by either party. However, should such termination be instigated by the City without cause, then the Employee shall receive severance pay in an amount equal to the Employee's base monthly salary on the last date the Employee is at work (and not on leave status)
3.a
Packet Pg. 27
Attachment: Director of Finance Reso 2023 (5873 : Director of Finance Employment Contract) 00087467.1
02/2023/cdz/A23-0037/Reso/EmploymentContract_FinanceDirector 5 with the City times four (4) months. Entitlement to all other benefits ceases with the Employee's termination from employment with the City.
Notwithstanding, the City may determine to terminate Employee for cause as cause is defined in the Personnel Rules. In that event, City shall proceed with termination as set out under the Personnel Rules. If the Employee is so terminated, he shall not be entitled to severance.
18. Severability. If any of the provisions of this agreement are held to be illegal, invalid or unenforceable in any respect, the remainder of the agreement and all other provisions hereunder shall not be affected thereby, and such provision shall be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law.
19. Assignment. This agreement shall be binding upon and inure to the benefits of the Employer, its successors it assigns, and to the benefit of the Employee, her heirs, and legal representatives, except that the Employee's duties to perform future services and the right to receive payment therefore, are hereby expressly agreed to be non-assignable and non-transferable.
20. Governing Law. This agreement shall be governed by the laws of the State of California, and any litigation concerning this agreement shall be filed and maintained in the State of California, County of Imperial.
21. Attorney's Fees/Costs. Each party shall bear its own attorney's fees or costs associated with litigation concerning this agreement.
22. Reimbursement of Cash Settlement Upon Conviction of a Crime Involving Office or Position. Regardless of the term of this agreement, if this agreement is terminated, any cash settlement related to the termination that the Employee may receive from the City shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position.
23. Complete Agreement. This document between the parties constitutes the complete agreement and supersedes all previous agreements and understandings. No waiver of any term or condition of this document shall be a continuing waiver thereof.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, on the 7th day of March 2023.
CITY OF EL CENTRO
By: ____________________
Martha Cardenas-Singh, Mayor
ATTEST
3.a
Packet Pg. 28
Attachment: Director of Finance Reso 2023 (5873 : Director of Finance Employment Contract) 00087467.1
02/2023/cdz/A23-0037/Reso/EmploymentContract_FinanceDirector 6 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, California, do hereby certify that the foregoing Resolution No. 23-____ was duly and regularly adopted at a regular meeting of the Council of the City of El Centro, California, held on the 7th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By: ________________
Norma Wyles, City Clerk
I agree to the foregoing:
____________________
Karla Chaparro Dated: _______________
3.a
Packet Pg. 29
Attachment: Director of Finance Reso 2023 (5873 : Director of Finance Employment Contract) City Council of the City of El Centro Meeting: 03/07/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Award of Bid
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5866) DOC ID: 5866
Award of Water Treatment Plant Overflow Modification to Raw Water Storage Ponds Project
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , 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 OVERFLOW MODIFICATION
TO RAW WATER STORAGE PONDS PROJECT
FISCAL IMPACT:
No impact to the General Fund. Water Enterprise Funds to be utilized. Through fiscal year 2023 budget cycle, $500,000 was budgeted for this project.
Project Budget Summary
Bid Amount $357,720.00
Contingency $ 36,000.00
Total Project Budget $393,720.00
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 2 Environmental Sustainability & Infrastructure, Action 2.12 - Implement projects listed in Water Capital Improvement Plan and Wastewater Master Plan to maintain the current system and support growth.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Staff has verified the contractor's and subcontractor's State License and DIR Registration which are current and in good standing. Business license and insurance will be obtained prior to notice to proceed being issued.
BACKGROUND:
The City of El Centro divided two raw water storage basins into four raw water storage basins as part of the new Water Treatment Plant Construction project over a decade ago. Each smaller basin now holds 12.5 million gallons of water for a total of 50 million gallons. Under the previous setup, the City was subject to review and inspections for dam integrity from the State Department of Water Resources (DWR) due to the volume of water in each basin. By dividing the basins into four, each basin is smaller and as such it is no longer under the jurisdiction of the DWR. In 2009, the City applied to DWR to be removed from their jurisdiction.
As part of the application, DWR required modifications to further isolate the basins prior to them releasing them from their jurisdiction. The work involves creating overflow connections between the basins and performing maintenance to the slopes of the dams.
Removing the basins from DWR jurisdiction will allow staff more flexibility and autonomy 4 Packet Pg. 30
Resolution (ID # 5866) Meeting of March 7, 2023
to work with the ponds, eliminate the State inspections and potential forced changes should legislation or State requirements change in the future.
On March of 2022, DWR approved the modifications.
On December 20, 2022 Council approved the Plans and Specifications to be released for public bidding.
The City advertised the project on January 6, 2023 and on January 25, 2023 a Pre-Bid Meeting was held. Three (3) potential bidders attended.
DISCUSSION:
On February 9, 2023, two (2) sealed bids were received from the contractors listed below.
Company Base Bid
Rove Engineering, Inc. $357,720.00
Advanced Construction Services, Inc. $576,776.38
Public Works staff and City legal team has reviewed the bids and has determined Rove Engineering, Inc., as the lowest responsive and responsible bidder and recommends award of the project to Rove Engineering, Inc. A copy of the bid package is available at the City Clerk's office.
Tentative Schedule:
Date Milestone
March 7, 2023 Project awarded to lowest responsible bidder April 2023 Project Commence
June 2023 Project Completion
CONCLUSION:
Adopt Resolution No. 23- , 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 OVERFLOW MODIFICATION
TO RAW WATER STORAGE PONDS PROJECT
ATTACHMENTS:
• Bid Results Sheet (PDF)
• Resolution No. 23 - (PDF)
4 Packet Pg. 31
4.a
Packet Pg. 32
Attachment: Bid Results Sheet (5866 : WTP Overflow Modification Project) 02/2023/cdz/A23-0035/Reso-AwardBid/
RoveEngineering_WTPModRawWtrPnds
RESOLUTION NO. 23 -
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 OVERFLOW MODIFICATION TO RAW
WATER STORAGE PONDS 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 Overflow Modification to Raw Water Storage Ponds Project (the “Project”); and
WHEREAS, bids were received and opened on February 9, 2023, 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 Rove Engineering, Inc., an active California corporation, submitting the lowest responsive and responsible Base Bid in the amount of Three Hundred Fifty-Seven Thousand Seven Hundred Twenty dollars ($357,720.00) 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 Three Hundred Fifty-Seven Thousand Seven Hundred Twenty dollars ($357,720.00) 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 Rove Engineering, Inc. 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’s City Manager is hereby authorized to sign a contract for the Project in the total amount of Three Hundred Fifty-Seven Thousand Seven Hundred Twenty dollars ($357,720.00) a copy of which is on file in the Office of the City Clerk, on behalf of the City.
4.b
Packet Pg. 33
Attachment: Resolution No. 23 - (5866 : WTP Overflow Modification Project) 02/2023/cdz/A23-0035/Reso-AwardBid/
RoveEngineering_WTPModRawWtrPnds
5. That the City Council hereby establishes a construction contingency fund of ThirtySix Thousand dollars ($36,000.00) for the Project.
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 Thirty-Six Thousand dollars ($36,000.00) 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 day of , 2023.
CITY OF EL CENTRO
By _____________________
Martha Cardenas-Singh, 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 )
4.b
Packet Pg. 34
Attachment: Resolution No. 23 - (5866 : WTP Overflow Modification Project) 02/2023/cdz/A23-0035/Reso-AwardBid/
RoveEngineering_WTPModRawWtrPnds
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 23- 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 , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
4.b
Packet Pg. 35
Attachment: Resolution No. 23 - (5866 : WTP Overflow Modification Project) City Council of the City of El Centro Meeting: 03/07/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: For Discussion
Prepared By: Norma Wyles
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 5872) DOC ID: 5872
Retention of Lobbyist for the City
CITY MANAGER’S RECOMMENDATION:
Discuss the process of retention of a lobbyist and identify lobbyist and/or firms to contact for proposals. Consider increasing the budget for these services for the remainder of this fiscal year and/or the upcoming fiscal year.
FISCAL IMPACT:
The current budget contains $9,000 for lobbying services.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #1 - Financial & Governance Stability & Sustainability.
Goal #2 - Environmental Sustainability & Infrastructure.
Goal #3 - Community Health, Safety, & Welfare.
Goal #4 - Recreating & Lifelong Learning.
Goal #5 - City Beautification, Engagement & Civic Pride.
Goal #6 - 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:
The City has used the lobbying firm of Ellison Wilson Advocacy, LLC for a number of years. However, in part because of the budget for this ($9,000/year) the lobbying firm does little work for the City. Last year, the Council authorized an RFP for lobbying services. The RFP was prepared but was not utilized.
DISCUSSION:
Given the number of issues facing the City and the increased involved of the State and the legislature in what otherwise would be local matters, as well as pending legislation that will impact the City as the owner of ECRMC, the City Council again needs to consider hiring a lobbyist and allocating funds for payment of lobbying activities.
Council member Oliva has asked to provide information regarding this item.
CONCLUSION:
At the Council’s discretion, expand the RFP for lobbying firms, allocate additional funding, and recirculate the RFP in a targeted manner.
5 Packet Pg. 36
City Council of the City of El Centro Meeting: 03/07/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Legislative Bills
Prepared By: Norma Wyles
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 5871) DOC ID: 5871 A
State Ballot Initiative No. 21-0042A1
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO OPPOSING INITIATIVE NO. 21-0042A1
FISCAL IMPACT:
To be determined.
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 2018, the California Business Roundtable (CBRT) circulated the “Tax Fairness, Transparency and Accountability Act” initiative to qualify for the November 2018 statewide ballot. As a result of the Cal Cities’ objections, along with its coalition of partners, the measure’s proponents withdrew it. This measure would drastically reduce already limited local revenue for California cities, including El Centro.
On January 4, 2022, CBRT filed initiative No. 21-0042A (the “Initiative” which qualified for the November 2024 ballot. Unlike the 2018 measure, this new initiative appears far more detrimental to cities because it would eliminate the City’s authority to recover costs through duly adopted fees and charges, thus jeopardizing services.
DISCUSSION:
Local government revenue-raising authority already is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.
If approved by the electorate, the Initiative would do the following:
1. Create new State constitutional loopholes that allow corporations to pay less than their fair share for the negative effects they impose on California cities, including infrastructure and environment.
2. Make it more difficult for local regulators (such as Code Enforcement to issue and collect fine revenue).
6 Packet Pg. 37
Action Item (ID # 5871) Meeting of March 7, 2023
3. Reallocate funds currently provided to cities for local services such as law enforcement and public health
4. Limit public input by prohibiting local advisory measures and retroactively cancel measures already passed by local voters
5. Revise provisions for adoption of rates and charges to impose new limitations on fees that may be charged.
The City currently levies a variety of fees and other charges to provide public services.
Major examples of affected fees and charges are:
• Administrative fines for code enforcement,
• Solid waste franchise fees.
• Facility use charges and fees for parks and recreation services • Planning application fees, leases of city property, and specifically water and sewer rates and landscaping and lighting assessments.
Virtually every city must regularly adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. With passage of the Initiative, most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.
Hundreds of local tax measures were approved last year that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voterapproved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval. These may include landscaping and lighting districts formed for new development.
Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.
Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:
1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].
6 Packet Pg. 38
Action Item (ID # 5871) Meeting of March 7, 2023
2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments
3. The fine may not be "excessive".
The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.
CONCLUSION:
It is recommended that the Council adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO OPPOSING INITIATIVE NO. 21-0042A1 ATTACHMENTS:
• RESOLUTION NO. 23- STATE BALLOT INITIATIVE NO. 21-0042A1 (DOCX) 6 Packet Pg. 39
03/2023/cdz/Resolution/COEC_OpposingInitiative21-0042A1 RESOLUTION NO. 23 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO OPPOSING INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, a thorough analysis performed by CalCities and its partners shows that the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO RESOLVES AS FOLLOWS:
1. That the City of El Centro opposes Initiative 21-0042A1;
2. That the City of El Centro will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state; and
3. That the City will take the necessary and legally available steps to provide information of the impact of the proposed initiative on the City, its residents and services.
4. That Staff is directed to email a copy of this adopted resolution to the League of California Cities at [email protected].
6.a
Packet Pg. 40
Attachment: RESOLUTION NO. 23- STATE BALLOT INITIATIVE NO. 21-0042A1 (5871 : State Ballot Initiative No. 21-0042A1) 03/2023/cdz/Resolution/COEC_OpposingInitiative21-0042A1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 7
th day of March, 2023.
CITY OF EL CENTRO
By___________________________
Martha Cardenas Singh, 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, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the 27th day of March 7, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:__________________________
Norma Wyles, City Clerk
6.a
Packet Pg. 41
Attachment: RESOLUTION NO. 23- STATE BALLOT INITIATIVE NO. 21-0042A1 (5871 : State Ballot Initiative No. 21-0042A1) City Council of the City of El Centro Meeting: 03/07/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Informational
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 5869) DOC ID: 5869
Imperial Avenue / Euclid Avenue sink hole emergency work update
Background
On September 27, 2022 Council approved an emergency declaration regarding Hurricane Kay through Resolution 22-103.
On October 4, 2022 City Council approved emergency repair work at the Imperial Avenue @ Euclid Avenue sink hole and authorized up to $750,000 Waste Water Enterprise Fund budget towards repairs through a change order to the existing city contract with A&R Construction for the Alder Sewer Repairs. The approval was through Resolution 22-106.
On November 15, 2022 Council reviewed and confirmed the proclamation of local emergency in the City of El Centro through Resolution 22-125.
On January 17, 2023 Council reviewed and confirmed the proclamation of local emergency in the City of El Centro through Resolution 23-02.
Work Update
The 10/15/22 Imperial Storm following Hurricane Kay delayed repairs at this site as the work site was completely flooded. Work resumed and the root cause of the sink hole has been repaired. Traffic is fully open at the intersection. A final course of asphalt is pending to be performed.
Staff has received the invoice from A&R for the work and is in the process of routing for approval. The work is within Council budget approval. Staff is working with CalOES for potential State participation.
Staff will return to Council with information items on the emergency work every Council meeting to keep Council updated until the emergency project is completed. 7 Packet Pg. 42
City Council of the City of El Centro Meeting: 03/07/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Informational
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 5870) DOC ID: 5870
Imperial Avenue / Scott Avenue sink hole emergency work update
Background
On October 18, 2022 Council approved an emergency declaration regarding the Imperial October 15, 2022 storm event through Resolution 22-110.
The 10/15/22 Imperial County Storm Event created a new sink hole along Imperial Avenue at the Scott Avenue intersection on October 24, 2022.
On November 1, 2022 City Council was advised by staff that the same work contractor (A&R Construction) assisting with the nearby Euclid Avenue sinkhole repairs had been engaged to assist. City Council authorized up to $750,000 in Waste Water Enterprise Fund budget towards repairs.
On December 20, 2022 Council renewed and ratified the proclamation of a local storm emergency in the City of El Centro through Resolution 22-135.
On February 21, 2023 Council renewed and ratified the proclamation of a local storm emergency in the City of El Centro through Resolution 23-12.
Work Update
Work activities are almost complete. The sewer main has been repaired and traffic opened in all lanes. As of 12/13/2022, paving has been completed. The final lift of asphalt is still pending, however traffic is now fully open.
A concrete ADA ramp was removed as part of the work. The replacement of the ADA ramp falls beyond the scope of the emergency for Caltrans repair purposes. As such, the replacement of the ADA ramp will be done as a separate process through standard Caltrans encroachment permit application.
Staff will return to Council with information items on the emergency work every Council meeting to keep Council updated until the emergency project is completed. 8 Packet Pg. 43