AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, MARCH 21, 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 21, 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/81397079816?pwd=VnRuSS95d1ovSUt0VTU1d042dDU4UT09 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 813 9707 9816 Passcode: 828974
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 21, 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).
PERSONNEL MATTERS
The City Council will recess to closed session pursuant to Government Code Section 54957 to consider the process for appointment of a City Manager.
REAL PROPERTY NEGOTIATION
The City Council will recess to closed session pursuant to Government Code §54956.8 to give instructions to the City’s negotiators, Cedric Cesena, Interim City Manager, Abraham Campos, Public Works Director, and Adriana Nava, Community Services Director, regarding negotiations with the Imperial County Office of Education, which instructions will concern price, terms of payment or both, including use restrictions, development obligations and other monetary consideration concerning the purchase, sale, exchange and/or lease of that portion of the property known as the former City library location on Parcel 2 of Valley Center Plaza.
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.
RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY
Agenda City Council of the City of El Centro March 21, 2023 City of El Centro Page 3
CALL TO ORDER:
ROLL CALL BY CITY CLERK
PLEDGE OF ALLEGIANCE
INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10 - 6:15 (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 - 6:25 PM SCHEDULED PRESENTATION
1. Presentation of new Library Director - Carla Mason
6:25-6:30 CONSENT AGENDA
Consent agenda items are approved by one motion. Council members or members of the public may pull consent items to be considered separately at a time determined by the Mayor.
2. Approve Warrant Registers for the Month of February 2023
3. Approve Payroll Registers for the Month of February 2023
4. Approve Treasurer's Report for the Month of February 2023
5. Approval of City Council Minutes of December 15, 2022, December 20, 2022, January 3, 2023 and January 17, 2023.
6. Adopt Resolution No. 23- , REVIEWING AND CONFIRMING THE
PROCLAMATION OF LOCAL EMERGENCY IN THE CITY OF EL CENTRO
7. Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO APPROVING A CONSULTING AGREEMENT
WITH RICK ENGINEERING COMPANY FOR THE PREPARATION OF THE CITY’S 2023 SERVICE AREA PLAN UPDATE
Agenda City Council of the City of El Centro March 21, 2023 City of El Centro Page 4
6:30-6:50 NEW BUSINESS
8. MOU for Unrepresented Police Lieutenant Management Employees PRESENTATION: Dulce Bedolla, Human Resources Director
RECOMMENDATION:
Adopt Resolution No. 23 - , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO IDENTIFYING, RECOGNIZING AND ESTABLISHING
TERMS AND CONDITIONS OF EMPLOYMENT FOR UNREPRESENTED
POLICE LIEUTENANT MANAGEMENT EMPLOYEES
9. Discuss Zoom meeting attendance for the public versus broadcasting.
PRESENTATION: Elizabeth Martyn Evans, City Attorney
RECOMMENDATION:
City Council Direction is Requested
10. Discussion and any necessary action regarding the acceptance of 2022 Housing Element Annual Report
PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:
Staff recommends that the City Council accept the City’s Annual Housing Element Progress Report on the Implementation of the Housing Element and direct that the report be submitted to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development 6:50-7:10 LEGISLATIVE ACTION
11. State Ballot Initiative No. 21-0042A1
12. Letter of Support - Senate Bill 583 (Padilla) Salton Sea Conservancy
INFORMATIONAL ITEMS
13. Imperial Avenue / Scott Avenue sink hole emergency work update
14. Imperial Avenue / Euclid Avenue sink hole emergency work update 7:10-7:40 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER
REPORTS
Agenda City Council of the City of El Centro March 21, 2023 City of El Centro Page 5
7:40-7:50 CITY MANAGER REPORT
ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.
City Council of the City of El Centro Meeting: 03/21/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Personnel
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Cedric Cesena
PRESENTATION (ID # 5876) DOC ID: 5876
Presentation of new Library Director - Carla Mason
DISCUSSION
The City has appointed Carla Mason as the new Library Director of the El Centro Library. Effective March 20, 2023, Carla will lead the Library and support its mission of providing quality materials and programs to meet the educational, information, cultural, and recreational needs of the El Centro community.
Carla joins El Centro with extensive library operations and leadership experience from previous roles at Seattle Public Library, Kern County Library and Santa Clarita Public Library. A seasoned library administrator, Carla specializes in developing programs and partnerships that align with community needs and goals.
Carla has spent twelve years working in California libraries and is incredibly passionate about serving communities with library excellence. Carla earned her Master’s Degree in Library and Information Science from Drexel University and Bachelor’s Degree in Humanities from the University of Southern California.
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City Council of the City of El Centro Meeting: 03/21/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5867) DOC ID: 5867
Warrant Registers for February 2023
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of February 2023 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• February 2023 (PDF)
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Attachment: February 2023 (5867 : Warrant Registers - February 2023) City Council of the City of El Centro Meeting: 03/21/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5888) DOC ID: 5888
Approval of Payroll Registers for the Month of February 2023 CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the Month of February 2023 ATTACHMENTS:
• PAYROLL REGISTERS FEBRUARY 2023 (PDF)
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Attachment: PAYROLL REGISTERS FEBRUARY 2023 (5888 : Payroll Registers for the Month of February City Council of the City of El Centro Meeting: 03/21/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Anthony G. Plancarte
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5887) DOC ID: 5887
Treasurer's Report - February 2023
CITY MANAGER’S RECOMMENDATION:
Approve Treasurer's Report for the Month of February 2023 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• Treasurer's Report February 2023 (PDF)
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Attachment: Treasurer's Report February 2023 (5887 : Treasurer's Report - February 2023) City Council of the City of El Centro Meeting: 03/21/23 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 # 5882) DOC ID: 5882
Approval of City Council Minutes of December 15, 2022,
December 20, 2022, January 3, 2023 and January 17, 2023.
CITY MANAGER’S RECOMMENDATION:
Approval of City Council Minutes of December 15, 2022, December 20, 2022, January 3, 2023 and January 17, 2023.
ATTACHMENTS:
• 12-15-2022 Special Meeting CC Minutes (DOCX)
• 12-20-22 Regular CC Minutes (DOCX)
• 1-03-2023 Cancelled CC Minutes (DOCX)
• 1-17-2023 Regular CC Minutes (DOCX)
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Book 37
SPECIAL MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
DECEMBER 15, 2022 5:00 P.M.
The El Centro City Council met in special session on Thursday, December 15, 2022 at 5 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of certification of November 8, 2022 General Municipal Election, Administering of Oaths of Office to newly elected Council Members and Reorganization of the City Council.
PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn ABSENT: None
Pledge of Allegiance to the flag of the United States of America was led by Chief Sawyer Invocation was given by Father Mark Edney.
PUBLIC COMMENTS
Public comment was received by Dab Ledbetter.
NEW BUSINESS
1. Moved by Viegas-Walker, second by Cardenas-Singh, adopting Resolution No. 22-133,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICAL ELECTION HELD ON NOVEMBER 8, 2022 DECLARING THE RESULT AND SUCH OTHER MATTERS PROVIDED BY LAW AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
Total Registered Voters: 22,811 Total Precinct Ballots Cast: 3,307 Total of Votes Cast: 8,151 Total Vote by Mail: 5,769
Total Percentage Turnout: 35.73% Total Ballots Cast: 11,842 Candidates for City Council Total Received Percentages
Tomás Oliva *Elected 3,729 31.49%
Sonia Carter *Elected 3,300 27.87%
Jason Jackson 2,712 22.90%
Danielle Flores 2,101 17.74%
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RECOGNITION OF OUTGOING MAYOR OLIVA
2. Presentation of Mayor’s Plaque by Mayor Pro-Tem Martha Cardenas-Singh to outgoing Mayor Tomás Oliva recognizing his services as Mayor for 2021-2022.
3. Comments from outgoing Mayor Tomás Oliva and Council Members.
4. Presentation of Album of Events by Interim City Manager Cedric Ceseña, to outgoing Mayor Tomás Oliva for his year of service as Mayor.
5. Presentations to outgoing Mayor Tomás Oliva by:
- Representative Antonio Martinez for Congressman Juan Vargas - Representative Guillermo Hernandez for Assembly Member Eduardo Garcia - Anne Irigoyen, President, Imperial Valley Regional Chamber of Commerce - Scott Phillips, CEO, El Centro Regional Medical Center - Representative Mario Beltran, Mexican Consulate – Consulado Mexicano de Calexico
ADMINISTER OATHS OF OFFICE BY CITY CLERK
6. City Clerk Norma Wyles, Administered the Oaths of Office to re-elected City Council Member Tomás Oliva and newly elected Sonia Carter and each were presented with their Certificates of Election.
RECESS
Recess was called at 5:42 p.m. to 5:47 p.m. for signing of their oaths and taking of their seats at the dais.
RECONVENED
7. City Council reconvened with all members seated at the dais. At this time the floor was extended to Council Member Carter for comments, followed by welcoming comments by Council Members.
UNFINISHED BUSINESS
8. Presentation by Angel Hernandez, Community Development Director, discussion and introduction of Ordinance amending Chapter 16, Article XIV of the El Centro City Code related to Garage Sales.
Moved by Cardenas-Singh, second by Marroquin, approval of Ordinance No. 22-09, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA AMENDING CHAPTER 16 “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-143 TO REMOVE THE PERMIT FEE AND TO INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO TWO PER MOTH, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
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9. Moved by Marroquin, second by Garcia, appointments of Jorge Perez and Diana Ortega to the Planning Commission to fill two scheduled vacancies with terms ending October 3, 2026 AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
REORGANIZATION OF CITY COUNCIL – SELECTION OF MAYOR AND MAYOR PRO-TEM Reorganization of the City Council, was turned over to City Clerk Wyles who called for Nomination(s) for Mayor for the ensuing year.
10. Moved by Oliva, second by Garcia, for the nomination of Martha Cardenas-Singh for Mayor, and with no other nominations being made, nominations were closed and called for the question.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
City Clerk Wyles turned the meeting over to the newly selected Mayor Cardenas-Singh for the selection of Mayor Pro-Tem.
11. Moved by Oliva, second by Carter for the nomination of Sylvia Marroquin for Mayor Pro-Tem, and with no other nominations being made, nominations were closed and called for the question.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
12. Closing remarks were made at this time by incoming Mayor Cardenas-Singh.
ADJOURNMENT
With no further business to discuss the meeting was adjourned at 6:10 p.m _________________________________
Norma Wyles, City Clerk
APPROVED BY:
__________________________________
Martha Cardenas-Singh, Mayor
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REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, DECEMBER 20, 2022 11:30 A.M.
The El Centro City Council met in a regular session on Tuesday, December 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: Carter, Cardenas-Singh, Marroquin
City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Oliva, Garcia
Closed Session Public Comment
None
CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Carter, to adjourn into closed session for:
LABOR NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code Section 54957.6 for the following purposes of considering employee compensation in the form of fringe benefits, or, as applicable, other related matters within the scope of representation, as follows: 1) to consider compensation for the Interim City Manager; 2) to consider compensation for the City Clerk; 3) to consider compensation for the Library Director; and 4) to consider certain compensation increases within bargaining units. Any compensation increases will be presented for a vote in open 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 of initiation of litigation against the City under Govt. Code Section 54956.9(d)(2).
TRADE SECRETS
The City Council will recess to closed session pursuant to Govt. Code Section 37606(b) and 37606.1(b) to discuss and/or deliberate about reports involving hospital trade secret(s) as defined in subdivision (d) of Section 3426.1 of the Civil Code and which are necessary, and would, if prematurely disclosed create a substantial probability of depriving the hospital of substantial economic benefit:
Number of Items:
3 - Estimated Date of Public Disclosure - January 2023
Discussion of:
X hospital service
X program
Motion unanimously carried.
Closed Session concluded at 1:30 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, December 20, 2022 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Carter, Cardenas-Singh, Marroquin
City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Oliva, Garcia
Pledge of Allegiance to the flag of the United States of America was led by Mayor Pro-Tem Marroquin, and Invocation was given by Council Member Carter.
CITY ATTORNEY REPORT ON CLOSED SESSION
During the closed session the City Council discussed another labor negotiations action which will be coming forward on future agendas as well as some trade secrets regarding ECRMC and the City’s relationship with it.
PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR
1. Retirement recognition was given to Joe Bustamante by Public Works Director/City Engineer Abraham Campos.
2. Retirement recognition was given to Felix De Leon, Wastewater Treatment Plant Supervisor, by Public Works Director/City Engineer Abraham Campos.
PUBLIC COMMENTS
Public comments were received by Mario Renteria, Representative for Senator Steve Padilla and Marcie Landeros, IV Press Reporter.
CONSENT AGENDA
Moved by Marroquin, second by Cardenas-Singh, approving consent agenda items #3 – #16.
3. Approval of Warrant Registers for the Month of November 2022.
4. Approval of Payroll Registers for the Month of November 2022.
5. Approval of Treasurer’s Report for the Month of November 2022.
6. Approval of City Council Minutes of September 20, 2022 and September 27, 2022.
7. Adoption of Resolution No. 22-134, 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 DECEMBER 16, 2022 THROUGH JANUARY 15, 2023.
8. Adoption of Resolution No. 22-135, RENEWAL OF THE PROCLAMATION AND RATIFICATION OF A LOCAL STORM EMERGENCY IN THE CITY OF EL CENTRO.
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9. Adoption of Resolution No. 22-136, 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.
10. Approval of Plans and Specification as recommended by staff and authorize the project be released for public bidding.
11. Approve plans and specifications as presented and authorize staff to release for public bidding.
12. Adoption of Resolution No. 22-137, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO ACCEPTING GRANT FUNDS ALLOCATED FROM THE OFFICES OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM.
13. 2
nd Reading and Adoption of Ordinance No. 22-09, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16 “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-143 TO REMOVE THE PERMIT FEE AND INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO TWO PER MONTH, waive reading and adopt by title only.
14. Acceptance of the annual Development Impact Fee and Water/Wastewater Capacity Fee information report for fiscal year June 30, 2022.
15. Approval of plans and specifications for the Water Treatment Plant Chlorine Conversion Project and authorize staff to release for public bidding.
16. Adoption of Resolution No. 22-138, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO ACCEPTING GRANT FUNDS ALLOCATED TO THE CITIZENS OPTION FOR PUBLIC SAFETY PROGRAM FUNDED FOR FY 2020-2021 THROUGH THE STATE OF CALIFORNIA LOCAL SAFETY AND PROTECTION PLAN.
AYES: Carter, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Oliva, Garcia
ASTAINED: None
NEW BUSINESS
17. Moved by Marroquin, second by Cardenas-Singh, adoption of Resolution No. 22-139, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE
COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF INTERIM CITY MANAGER.
AYES: Carter, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Oliva, Garcia
ASTAINED: None
18. Ninth Amendment to Amended and Restated Master Agreement between El Centro Regional Medical Center and the Regents of the University of California. Item was continued to a later date.
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19. Presentation by Adriana Nava, Community Services Director, establishment of Community Development Block Grant (CDBG) Commercial Façade Improvement Program & Adoption of Guidelines. Mayor Cardenas-Singh asked how was the selection process take place and what is the criteria? Ms. Nava stated that the process will be as a first come, first served basis. That will be the primary criteria and being able to meet all the other criteria that we have in place. The top six business that meets all the requirements will be approved. Mayor Pro-Tem Marroquin asked if the applicants must qualify or meet the criteria of low or moderate income. Ms. Nava said no, but they are required serve people within the target area. For example, a sandwich shop would qualify. No income requirements have to be provided in order to qualify for the Façade program.
Moved by Carter, second by Marroquin, authorizing the use of $135,147 in Community Development Block Grant funds for the purpose of establishing a CDBG Commercial Façade Improvement Program and adoption of Resolution No. 22-140, RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL FAÇADE IMPROVEMENT PROGRAM GUIDELINES.
AYES: Carter, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Oliva, Garcia
ASTAINED: None
20. Presentation by Angel Hernandez, Director of Community Development, discussion an any necessary action regarding Civic Center Site Plan Review 21-01 for the El Centro Police Station at 150 N. 11th Street. Mayor Pro-Tem Marroquin asked if the City was losing parking spaces along 11th Street and if it will be converted into a one-way street. Mr. Hernandez confirmed that there would not be any more parking along the street and it will be converted into a one-way street from Main Street to Broadway.
Mr. Abraham Campos, Director of Public Works/City Engineer spoke about the parking along 11th Street and stated that the only available parking along 11th Street is the diagonal parking. The City is only losing a minimal of public parking spaces. Mayor Cardenas-Singh asked where the City was in the process of the construction of the new police station and how was the construction going to work so there will be no interruption of services provided by the Police department. Mr. Campos confirmed that the construction would take 18 months to 2 years, because the construction will be done in phases.
Moved by Cardenas-Singh, second by Carter, adoption of Resolution No. 22-141, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING CIVIC CENTER SITE PLAN REVIEW 21-01 FOR THE CONSTRUCTION AND OPERATIONS OF THE EL CENTRO POLICE STATION AT 150 N. 11TH STREET.
AYES: Carter, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Oliva, Garcia
ASTAINED: None
21. Moved by Marroquin, second by Carter approving Mayor’s recommendation on the appointments to the following Council Committees.
ICTC Rep: Cardenas-Singh Alt: Oliva
LTA Rep: Cardenas-Singh Alt: Oliva
SAFE Rep: Cardenas-Singh Alt: Oliva
IVRMA Rep: Cardenas-Singh Alt: Oliva
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CJPIA: Rep: Garcia Alt: Marroquin
ECRMC Board of Trustees: Rep: Oliva Alt: Marroquin
Air Pollution Board: Rep: Carter Alt: Cardenas-Singh
Airport Advisory Board: Rep: Carter Alt: Marroquin
I.C. Film Commission: Rep: Carter Alt: Garcia
IV Regional Chamber of Commerce: Rep: Marroquin Al: Cardenas-Singh United Way-Emergency Food Shelter Program: Rep: Carter Alt: Marroquin Mexican Liaison: Rep: Oliva Alt: Cardenas-Singh
Citizen Advisory Committee: Rep: Oliva Alt: Cardenas-Singh Community Enhancement Task Force: Rep: Oliva Alt: Marroquin Friends of Community Service Foundation Board: Rep: Cardenas-Singh Alt: Garcia Task Force to End Homelessness: Rep: Marroquin Alt: Carter Covid-19 Pandemic Response & Economic Recovery Task Force: Rep: Oliva Alt: Garcia Cannabis Task Force: Rep: Oliva Alt: Garcia
Federal & State Funding Opportunities Task Force: Rep: Cardenas-Singh Alt: Garcia Public Safety Task Force: Rep: Oliva Alt: Garcia
Measure P Working Groups
IT & Related Projects: Oliva & Garcia
Parks & Recreation: Cardenas-Singh & Carter
Operational Projects: Marroquin & Garcia
LEGISLATIVE ACTION
None
TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.
CITY MANAGER REPORT
City Manager reported on his activities since last City Council meeting and upcoming events.
ADJOURNMENT
With no further business to come before City Council, Mayor Cardenas-Singh adjourned the meeting at 6:55 p.m.
__________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor
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REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JANUARY 3, 2023 11:30 A.M.
This being a regularly scheduled meeting date of the El Centro City Council, this date of January 3, 2023 at 11:30 a.m. and all Council Members were absent upon unanimous consent therefrom, and the undersigned City Clerk declared said meeting cancelled.
Next regular meeting to be held on Tuesday, January 17, 2023 at 11:30 a.m. __________________________________
Norma Wyles, City Clerk
APPROVED BY:
__________________________
Martha Cardenas-Singh, Mayor
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REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JANUARY 17, 2023, 11:30 A.M.
The El Centro City Council met in a regular session on Tuesday, January 17, 2023 at 11:31 a.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.
PRESENT: Council: Carter, Cardenas-Singh, Marroquin
City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Oliva, Garcia (arrived at 11:45 a.m.)
Closed Session Public Comment
None
CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Carter, to adjourn into closed session for:
LABOR NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code Section 54957.6 for the following purposes of considering employee compensation in the form of fringe benefits, or, as applicable, other related matters within the scope of representation to consider compensation for the librarian, city clerk and related positions. Any compensation increases will be presented for a vote in open session.
CLOSED SESSION PURSUANT TO GOVT. CODE SECTION 54957
Public Employment - Permanent City Manager Position
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).
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).
Motion unanimously carried. (Council Member Garcia arrived at 11:45 a.m., Council Member Oliva absent) Closed Session concluded at 1:30 p.m.
City Council recessed to 5:00 p.m.
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CLOSED SESSION WAS CONTINUED TO 5:00 P.M.
The El Centro City Council met in a regular session on Tuesday, January 17, 2023 at 5:09 p.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of the continued closed session.
PRESENT: Council: Carter, Oliva Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans Closed Session Public Comment
None
CITY COUNCIL CLOSED SESSION
Moved by Oliva, second by Marroquin, to adjourn into the continuance of closed session.
Motion unanimously carried.
Closed Session concluded at 5:45 p.m.
OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, January 17, 2023 at 6:01 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans 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 Carter.
CITY ATTORNEY REPORT ON CLOSED SESSION
Today the City Council met in closed session for slightly over an hour. You considered labor negotiations to matters you began the process of recruitment of a permanent City Manager and we discussed two litigation matters and there is no further report on those litigation matters.
PUBLIC COMMENTS
Public comments were received by Thomas Henderson, Jayzel Mendoza, Katia Moukarzel, Peter Rodriguez and Sheila Edwards.
CONSENT AGENDA
Moved by Oliva, second by Marroquin, approving consent items #1 to #8.
1. Approval of Warrant Registers for the Month of December 2022.
2. Approval of Payroll Registers for the Month of December 2022.
3. Approval of Treasurer’s Report for the Month of December 2022.
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4. Adoption of Resolution No. 23-01, RESOLUTION PF 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 JANUARY 16, 2023 THROUGH FEBRUARY 15, 2023.
5. Approval of City Council Minutes of October 04, 2022.
6. Adoption of Resolution No. 23-02, REVIEWING AND CONFIRMING THE PROCLAMATION OF LOCAL EMERGENCY IN THE CITY OF EL CENTRO.
7. Approve Municipal Advisor Agreement with NHA Advisors, LLC for bond issues continuing disclosure requirements.
8. Approval of Municipal Advisor Agreement with NHA Advisors, LLC for general and special project services.
AYES: Carter, Marroquin, Cardenas-Singh, Marroquin, Oliva NOES: None
ABSENT: None
ASTAINED: None
PUBLIC HEARINGS
9. This was the date and time set for a public hearing for the approval of Issuance of Lease Revenue Bonds, 2023 Series A (Police Station Project). Presentation by Karla Chaparro, Interim Director of Finance and Cedric Ceseña, Interim City Manager. Eric Scriven, NHA Advisors, Inc., presented information regarding the Lease Revenue Bonds (Police Station Project) 2023 Series A in the aggregate principal amount not to exceed $49,500,000. Mr. Scriven explained about the agreements attached to the Lease Revenue Bonds how long it would take to closed on the transactions.
Mayor Cardenas-Singh declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.
Council Member Oliva asked Ms. Chaparro what can we afford as a payment for the bonds for the Police Station Project. Ms. Chaparro said the City is bringing in $7,500,000 dollars in revenue from Measure P yearly. After all the debt service the city is already paying, we still have $3,200,000 dollars left for other uses. The City has to be conservative in how it uses the remaining $3.2 million dollars.
Council Member Garcia mentioned that when the City approached the voters on Measure P, the City made it clear that we wanted to use the money for capital improvement projects. The City has been diligently to do so. He stated that the City is moving in the right direction with the opening of our library and now with the bond for much replacement police department.
Motion by Oliva, second by Garcia, adoption of Resolution No. 23-03, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING AND APPROVING THE ISSUANCE OF LEASE REVENUE (POLICE STATION PROJECT), 2023 SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $49,500,000; APPROVING THE FORM OF
PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF A
FINAL OFFICIAL STATEMENT, A SITE AND FACILITY LEASE, A LEASE AGREEMENT, A
CONTINUING DISCLOSURE AGREEMENT AND A BOND PURCHASE AGREEMENT, AND AUTHORIZING ACTIONS AND EXECUTION OF DOCUMENTS RELATED THERETO; AND
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AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
City Council recessed and convened as the Financing Authority at 6:49 p.m.
FINANCING AUTHORITY
PRESENT: Agency Members: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia Secretary Wyles, Executive Director Ceseña, Attorney Martyn Evans
FINANCING AUTHORITY - CONSENT AGENDA
1. Moved by Garcia, second by Oliva, approval of the Financing Authority Minutes of February 15, 2022.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
FINANCING AUTHORITY – PUBLIC HEARING
2. Presentation by Karla Chaparro, Interim Finance Director and Eric Scriven, NHA Advisors, LLC.
Chairman Cardenas-Singh opened the public hearing and seeing no one come forward to speak, she closed the public hearing. City Council had a few comments regarding the issuance of bonds. Council Member Garcia wanted to thank past Council Members for their work on this item.
Moved by Oliva, second by Garcia, adoption of Resolution No. FA 23-01, RESOLUTION OF THE
EL CENTRO FINANCING AUTHORITY AUTHORIZING AND APPROVING THE ISSUANCE OF LEASE REVENUE BONDS (POLICE STATION PROJECT), 2023 SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $49,500,000; APPROVING THE FORM
OF PRELIMINARY OFFICIAL SATEMETN AND THE EXECUTION AND DELIVERY OF A
FINAL OFFICIAL STATEMENT, A SITE AND FACILITY LEASE, A LEASE AGREEMENT, A
CONTINUING DISCLOSURE AGREEMENT AND A BOND PURCHASE AGREEMENT, AND AUTHORIZING ACTIONS AND EXECUTION OF DOCUMENTS RELATED THERETO; AND AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
Finance Authority adjourned at 6:54 p.m. and reconvened as City Council.
NEW BUSINESS
10. Moved by Oliva, second by Marroquin, approval of the creation of the Public Information Officer position. Council Member Garcia commented that this position was not necessary for the City.
Council Member Oliva explained that this position was necessary for a more effective communication for the residents of the El Centro. Mayor Pro-Tem Marroquin asked if the City Manager’s office budget could sustain the salaries for the position of a new City Manager and the proposed salary for a Public Information Officer. Ms. Chaparro commented that we do have the budget to cover both positions. Council Member Oliva asked Ms. Bedolla, the Human Resource Director, if the City
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Manager recruitment was being advertised. Ms. Bedolla commented that she was waiting for a company to become available in order to advertise the recruitment of the City Manager. For the recruitment of the PIO, it would be a process in order to open the recruitment. Mayor Cardenas-Singh stated that this position was not more important than the City Manager position but we need to be ready for the growth that has come with the City of El Centro.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin
NOES: Garcia
ABSENT: None
ABSTAINED: None
11. Moved by Garcia, second by Carter, adoption of Resolution No. 23-04, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF CITY CLERK.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
12. Presentation by Adriana Nava, Community Services Director, discussion and necessary action regarding the award of Bid and authorizing the execution of a contract for the McGee Park Phase III Project.
Moved by Garcia, second by Carter, adoption of Resolution No. 23-05, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE MC GEE PARK PHASE III PROJECT, and approval of an additional $350,000 in Measure P funds for the McGee Park Phase III Project.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
13. Discussion and any necessary action regarding the award of the Extension of Imperial Avenue from Interstate 8 to Wake Avenue and Wake Avenue East of Imperial Avenue – Phase I – STPL-5169 (049).
Item to be continued to meeting of February 7, 2023.
14. Discussion and any necessary action regarding the award of the Extension of Imperial Avenue from Interstate 8 to Wake Avenue and Wake Avenue to Danenberg Drive – Phase II– STPL-5169 (054).
Item to be continued to meeting of February 7, 2023.
15. Moved by Oliva, second by Marroquin, appointment of Adrianne Lawson to the Community Services Board to fill one unscheduled vacancy Voting member with term ending June 30, 2025.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
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16. Moved by Garcia, second by Marroquin, appointments to the El Centro Regional Medical Center (ECRMC) for the Chief Medical Office - Dr. Cristian Tomaszewski and UCSD Management Representative - Patty Maysent.
AYES: Carter, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: Oliva
LEGISLATIVE ACTION
None
INFORMATIONAL ITEMS
17. Received Imperial Avenue/Euclid Avenue sink hole emergency work update.
18. Received Imperial Avenue /Scott Avenue sink hole emergency work update.
19. Received and referred to Community Development Department/Planning Department, Application for Alcoholic Beverage License regarding the following: Fujisan Sushi, 1560 Ocotillo Dr., Ste. O, El Centro, California.
20. Received and referred to Community Development Department/Planning Department, Application for Alcoholic Beverage License regarding the following: Senoritas Bar & Grill, 466 Broadway Ave., El Centro, California.
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 7:37 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor
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El Centro, CA 92243 Category: Resolution
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5868) DOC ID: 5868
Renewal of Resolution Declaring a Local Emergency in the City of El Centro due to Hurricane Kay
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , REVIEWING AND CONFIRMING THE PROCLAMATION
OF LOCAL EMERGENCY IN THE CITY OF EL CENTRO
BACKGROUND:
On September 9, 2022, Tropical Storm Kay bands resulted in rains and damage to critical infrastructure in the City of El Centro.
In a time of disaster, the City's Municipal Code Section 8-29 empowers the City Manager as Director of Emergency Services, the ability to issue a proclamation of emergency for local emergencies as defined in City Municipal Code Section 8-3.
A Proclamation of Emergency was issued on September 21, 2022 through Resolution 22-103 by Council.
The proclamation was renewed by Council on November 15, 2022.
The proclamation was renewed by Council on January 17, 2023.
DISCUSSION:
State law requires that a city adopt and thereafter review a declaration of emergency every 60 days. This review and confirmation of the local declaration of emergency indicates the City’s on-going emergency authority and meets the requirements for funding, should any be available.
CONCLUSION:
Adopt Resolution No. 23- REVIEWING AND CONFIRMING THE PROCLAMATION
OF LOCAL EMERGENCY IN THE CITY OF EL CENTRO
ATTACHMENTS:
• Resolution No. 23 - (PDF)
6 Packet Pg. 104
09/2022/liz/A22-0206/Reso/DeclEmer/HurricanKay
RESOLUTION NO. 23-
REVIEWING AND CONFIRMING THE PROCLAMATION OF LOCAL EMERGENCY IN THE
CITY OF EL CENTRO
WHEREAS, the California Emergency Services Act, including, but not limited to, Government Code Sections 8630 et seq, and Chapter 8, Article 1 empower the City Manager to proclaim the existence or threatened existence of a local emergency in the City when the City Council is not in session; and
WHEREAS, a local emergency as defined in City Municipal Code Section 8.2 now exists in the City due to the former Hurricane Kay residual weather system, then Tropical Storm Kay, a storm event which took place on the weekend of September 9, 2022, and which resulted in damage to critical infrastructure including but not limited to the City’s sewer system, roads and other properties; and
WHEREAS, the City Council was not in session on Wednesday, September 21, 2022 when it became necessary to proclaim such local emergency; and WHEREAS, representatives of Imperial County and the Imperial Irrigation District have communicated with the El Centro Interim Fire Chief (acting as the Director of Emergency Services), Imperial County Fire Chief and OES Coordinator, and have indicated that the Imperial County Board of Supervisors and the Imperial Irrigation District each expects to or has passed a resolution proclaiming a local emergency within their jurisdictions as a result of the storm event; and
WHEREAS, the storm event has created conditions of extreme peril warrant and necessitate the proclamation of the existence of a Local Emergency as defined in City Code Section 8.2; and
WHEREAS, these conditions are or are likely to be beyond the control of the services, personnel, equipment, roads, sewers and facilities, of the City; and WHEREAS, on October 4, 2022, pursuant to Resolution No. 22-103, the City Council of the City of El Centro proclaimed a local emergency for the reasons set out above; and WHEREAS, Govt. Code Section 8630(c) provides that the City Council shall review the continuing need for such declaration of emergency every 60 days thereafter until the emergency terminates; and
WHEREAS, the City Council renewed the Declaration at their November 15, 2022 City Council meeting; and
WHEREAS, the Council renewed the Declaration at their January 17, 2023 City Council meeting; and
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WHEREAS, the conditions of peril resulting from Hurricane Kay, and specifically but not limited to certain sink holes in or around City facilities, continue and new conditions may still be discovered; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO HEREBY PROCLAIMS AND ORDERS:
1. That the recitals are true and correct and are incorporated herein as though set forth in full.
2. The City Council has reviewed the proclamation of Local Emergency and finds that such emergency continues.
3. The City Council therefore finds that Resolution No. 22-103 shall remain in full force and effect so that a Local Emergency continues to exist in the City of El Centro.
4. During the existence of such Local Emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by the laws of the State of California, including but not limited to Government Code Section 8634, by Chapter 8 Article 1 of the City Code and by the City Emergency Plan.
5. During the existence of this Local Emergency, the City shall follow and impose all directives, mandates, Executive Orders and any other emergency-related restrictions issued by the State of California.
6. That during the existence of this Local Emergency, the powers, functions and duties of the emergency organization of the City shall be prescribed by state law, ordinances and resolutions of the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 21st day of March, 2023.
CITY OF EL CENTRO
By _____________________
Martha Cardenas-Singh, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
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Packet Pg. 106 Attachment: Resolution No. 23 - (5868 : Renewal Hurricane Kay Declaration of Emergency) 09/2022/liz/A22-0206/Reso/DeclEmer/HurricanKay
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 21st day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
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Packet Pg. 107 Attachment: Resolution No. 23 - (5868 : Renewal Hurricane Kay Declaration of Emergency) City Council of the City of El Centro Meeting: 03/21/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Agreement
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 5881) DOC ID: 5881
Discussion and any necessary action regarding a
professional services agreement with Rick Engineering
Company for the 2023 Service Area Plan Update project.
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING A CONSULTING AGREEMENT WITH RICK ENGINEERING COMPANY FOR THE PREPARATION OF THE CITY’S 2023
SERVICE AREA PLAN UPDATE
FISCAL IMPACT:
Service Area Plan to be funded through General Fund in the amount of $54,000.
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:
Rick Engineering Company successfully completed the last Service Area Plan update in 2016 to the satisfaction of City staff. Prior to commencement of work, the selected consultant will obtain a City of El Centro Business license and satisfy insurance requirements.
BACKGROUND:
This Service Area Plan (SAP) outlines the City’s existing public services and facilities, estimates the current and future anticipated demand for such facilities and services, and describes how necessary facilities and services will or may be developed and extended to meet demands. It is used to evaluate public services provided by the City and ensure their adequacy when considering new requests for annexation into the City of El Centro.
In addition to adoption by the City, the document is required to be approved by the Local Agency Formation Commission (LAFCO).
DISCUSSION:
The last SAP was updated in 2016. On July 18, 2022 LAFCO notified the City that the 2016 Service Area Plan is required to be updated. At that time, City staff was updating the Zoning Code for consistency with the new land use designations, planned transportation network, and other elements and policies found in the El Centro 2040 General Plan Update. As a result of the pending changes to standards that would effect development, staff, proceeded with updating the SAP once the Zoning Code was adopted in and effect.
7 Packet Pg. 108
Resolution (ID # 5881) Meeting of March 21, 2023
The City has received a cost proposal from Rick Engineering Company in the amount of $54,000 to complete the Service Area Plan update. Rick Engineering Company updated the last Service Area Plan and their staff have extensive experience preparing service area plans in Imperial County. They are knowledgeable regarding Imperial County LAFCO policies and state law regarding the preparation of Service Area Plans.
Attached to this staff report is the professional services agreement with Rick Engineering Company (Exhibit A) signed by the consultant and a resolution authorizing the Interim City Manager to sign the agreement (Exhibit B).
CONCLUSION:
Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING A CONSULTING AGREEMENT WITH RICK ENGINEERING COMPANY FOR THE PREPARATION OF THE CITY’S 2023
SERVICE AREA PLAN UPDATE
ATTACHMENTS:
• Exhibit A - 2023 SAP Agreement (PDF)
• Exhibit B-Resolution (PDF)
7 Packet Pg. 109
CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF EL CENTRO
AND
RICK ENGINEERING COMPANY
FOR PLANNING SERVICES RELATING TO THE
2023 SERVICE AREA PLAN UPDATE
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CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND RICK ENGINEERING COMPANY FOR DESIGN SERVICES RELATING TO 2023 SERVICE
AREA PLAN UPDATE
THIS AGREEMENT (“this Agreement” or “the Agreement”) is made and entered into by the City of El Centro, (“the City”) and Rick Engineering Company, (“the Consultant”) for the Consultant to provide design services (“the Consulting Services”) for the 2023 Service Area Plan Update (“the Project”). City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”
RECITALS
City and the Consultant now wish to enter into an agreement whereby the City will retain the Consultant to provide, and the Consultant shall provide, the Consulting Services for the Project.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:
ARTICLE I
CONSULTING SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.
1.1 Scope of Services.
The scope of services will include preparation of a Service Area Plan update. The scope of services is more fully described in Exhibit A, attached hereto and made part of this Agreement. The Contractor shall perform the Consulting Services as described in Exhibit A at the direction of the City for a fee as set forth in Exhibit B, attached hereto and made part of this Agreement.
1.2 Task Administrator.
The Community Development Department is the task administrator for this Agreement.
The Consultant shall provide the Consulting Services under the direction of the Community Development Director (“Director”) or designee. The Director will communicate with the Consultant on all matters related to the administration of this Agreement and the Consultant’s performance of the Consulting Services rendered hereunder. When this Agreement refers to communications to or with the City, those communications will be with the Director unless the Director or the Agreement specifies otherwise.
1.3 City Modification of Scope of Services.
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The City may, without invalidating this Agreement, order changes in any task by altering, adding to or deducting from the Consulting Services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Consultant’s cost of, or the time required for, the performance of any of the Consulting Services, the Consultant shall so notify the City. If appropriate, an equitable adjustment to the Consultant’s compensation may be made, provided that any adjustment must be pre-approved by the Parties in writing; the City’s approval shall come from the City Council.
1.4 Written Authorization.
Prior to performing any Consulting Services in connection with the Project, the Consultant shall obtain from the City a written authorization to proceed. The Consultant shall advise the City in writing immediately of any anticipated change in any task, fee schedule or time schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve the Consultant from its duty to render all Consulting Services in accordance with applicable laws and accepted industry standards.
1.5 Confidentiality of Services.
All Consulting Services performed by the Consultant, including but not limited to all drafts, data, correspondence, proposals, reports and estimates compiled or composed by the Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees.
Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the Consultant by the City, (b) subsequently becomes publicly known through no act or omission by the Consultant or (c) otherwise becomes known to the Consultant other than through disclosure by the City as needed to establish a defense. Except for Subcontractors (as that term is defined in section 4.4), neither the documents nor their contents shall be released to any third party without the prior written consent of the City.
ARTICLE II
DURATION OF AGREEMENT
2.1 Term of Agreement.
This AGREEMENT shall be effective on the date it is executed by the last Party to sign the Agreement and will remain in effect until the Consulting Services are completed, but in no event later than one (1) year from the date of approval and may be extended for one (1) year by mutual agreement, unless terminated sooner pursuant to the provisions of this Agreement.
2.2 Time of Essence.
The Parties agree that time is of the essence for each provision of this Agreement, unless otherwise specified in this Agreement.
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2.3 Notification of Delay.
The Consultant shall immediately notify the City in writing of any delay in completion of the Consulting Services. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If the delay affects a material part of the Project, the City may exercise its rights under sections 2.5-2.9 of this Agreement.
2.4 Delay.
If delays in the performance of the Consulting Services are caused by unforeseen events beyond the control of the Parties, such delay may entitle the Consultant to a reasonable extension of time, but such delay shall not entitle the Consultant to damages or additional compensation.
The following conditions may constitute such a delay: war, changes in law or government regulation, labor disputes, strikes, fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Consultant’s work, inability to obtain materials, equipment or labor, required additional Consulting Services or other specific reasons agreed to between the City and the Consultant; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the negligent acts or omissions of the Consultant; and (b) that a delay caused by the inability to obtain materials shall not entitle the Consultant to an extension of time unless the Consultant furnishes the City, in a timely manner, documentary proof, to the City’s satisfaction, of the inability to obtain materials.
2.5 City’s Right to Suspend for Convenience.
The City may, at its sole option and for its convenience, suspend all or any portion of the Consultant’s performance of the Consulting Services, for a reasonable period of time not to exceed six (6) months. In accordance with the provisions of this Agreement, the City will give written notice to the Consultant of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Consultant a sum equivalent to the reasonable value of the Consulting Services the Consultant has performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Consultant. The City may then require the Consultant to resume performance of the Consulting Services in compliance with the terms and conditions of this Agreement; provided, however, that the Consultant shall be entitled to an extension of time equal to the length of the suspension, unless otherwise agreed to in writing by the Parties.
2.6 City’s Right to Terminate for Convenience.
The City may, at its sole option and for its convenience, terminate all or any portion of the Consulting Services agreed to pursuant to this Agreement by giving written notice of such termination to the Consultant. Such notice shall be delivered by certified mail with return receipt for delivery to the City. The termination of the Consulting Services shall be effective upon receipt of the notice by the Consultant. After termination of this Agreement, the Consultant shall complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the
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Consulting Services performed by the Consultant up to the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Consultant’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant discharges the City of all of the City’s payment obligations under this Agreement.
2.7 City’s Right to Terminate for Default.
If the Consultant fails to adequately perform any obligation required by this Agreement, the Consultant’s failure constitutes a default (“a Default” or “the Default”). If the Consultant fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the City specifying the nature of the Default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right of the Consultant, and any person claiming any rights by or through the Consultant under this Agreement. The rights and remedies of the City enumerated in this section 2.7 are cumulative and shall not limit, waive or deny any of the City’s rights under any other provision of this Agreement, nor does this section 2.7 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.
2.8 Replacement of Consultant.
If the Consultant for any reason does not complete all the services contemplated by this agreement, the Consultant cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Consultant is used, modified or completed by another party of the City. Accordingly, the City agrees, to the fullest extent permitted by law, to indemnify, defend and hold the Consultant harmless from any claim, liability or cost (including reasonable attorney’s fees and defense casts) for injury or loss arising or allegedly arising from such reuse, modification of completion made by any party to any contract documents prepare by the Consultant.
2.9 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.
If the Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to or demand upon the Consultant, immediately cancel and/or terminate this Agreement and terminate each and every right of the Consultant and any person claiming any rights by or through the Consultant. The rights and remedies of the City enumerated in this section 2.8 are cumulative and shall not limit, waive or deny any of the City’s rights under any other provision of this Agreement, nor does this section 2.8 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.
ARTICLE III
COMPENSATION
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3.1 General.
The City shall pay the Consultant for all the Consulting Services and all expenses related to performance under this Agreement in an amount not to exceed that set forth in the fee schedule attached hereto and incorporated herein as Exhibit “B.” The Consultant shall be entitled to compensation for the Consulting Services under this Agreement, whether within the scope of work for any task, or as additional services, based on the fee schedule.
3.2 Payment to the Consultant shall not be withheld, postponed of made contingent on the construction, completion or success of the project or upon receipt by the City of offsetting reimbursement or credit from other parties caused additional services or expenses. No withholding, deductions of offsets shall be made from Consultant compensation for any reason unless the Design Professional has been found to be legally liable for such amounts.
3.3 Manner of Payment.
The Consultant shall complete all work required by this Agreement for a not to exceed sum of fifty-four thousand dollars ($54,000).
3.3.1 Manner of Payment. The Consultant shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis for each Task. Consultant shall further provide a report with each invoice that includes the total cumulative Agreement expenses.
3.4 Additional Services.
If the City requires additional Consulting Services (“Additional Services”) beyond the task, except for Additional Costs (as that term is defined in section 3.6), the Consultant will be paid an additional fee. Additional Services shall be in accordance with the rates provided in the fee schedule. The City and the Consultant must agree in writing upon such fee prior to the Consultant beginning the Additional Services.
3.5 Changed Conditions
Should City or Consultant’s determine there is a need to reconsider provisions of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant or City. Should either party call for contract renegotiation, the Consultant shall identify the changed condition necessitating renegotiation and the Consultant and the City, shall promptly and in good faith enter into renegotiation of this agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this agreement.
3.6 Additional Costs.
Additional costs (“Additional Costs”) are those costs that can be reasonably determined to be related to the Consultant’s negligent errors or omissions, and may include Consultant, City or Subcontractor (as that term is defined in section 4.4) overhead, construction, materials, demolition and related costs. The Consultant shall not be paid for the Consulting Services
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required due to the Consultant’s negligent errors or omissions, and the Consultant shall be responsible for any direct damages associated with such negligent errors or omissions. These Additional Costs may be deducted from monies due, or that become due, the Consultant. If, due to Consultant’s error, any required item or component of the project is omitted from the Consultant’s construction documents, the Consultant shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have otherwise been necessary to the project or otherwise adds value or betterment to the project. In no event will the Consultant be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.
ARTICLE IV
CONSULTANT’S OBLIGATIONS
4.1 Industry Standards.
In addition to the Consultant’s covenants described in Article VI hereof, the Consultant agrees that the Consulting Services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional analysis firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California. Where approval by the City, the City Manager or other representatives of the City is required, it is understood to be general approval only and does not relieve the Consultant of responsibility for complying with applicable laws, codes and good consulting practices in effect at contract execution or changes reasonably known.
4.2 Right to Audit.
4.2.1 Access. The City retains the right to review and audit, and the reasonable right of access to Consultant’s and all Subcontractor’s (as that term is defined in section 4.4) premises to review and audit the Consultant’s compliance with the provisions of this Agreement (“the City’s Right”). The City’s Right includes the right to inspect and photocopy same, and to retain copies, outside of the Consultant’s premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by City in its sole discretion. This information shall be kept by the City in strictest confidence allowed by law.
4.2.2 Audit. The City’s Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Consultant is in compliance with all requirements under this Agreement.
4.2.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s Right includes the right to examine books, records, documents and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred or anticipated to be incurred.
4.2.2.1.1 Accounting Records. The Consultant shall maintain complete and accurate records in accordance with generally-accepted accounting practices in the industry. The Consultant shall make available to the City for review and audit all Project related
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accounting records and documents and any other financial data. Upon the City’s request, the Consultant shall submit exact duplicates of originals of all requested records to the City.
4.2.3 City’s Right--Binding on Subcontractors. The Consultant shall include the City’s Right as described in section 4.2, in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subcontractors (as that term is defined in section 4.4).
4.3 Insurance.
The Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein.
4.4 Subcontractors.
The Consultant’s hiring of or retaining any third parties (singularly, “a Subcontractor” or “the Subcontractor;” in the plural, “Subcontractors” or “the Subcontractors”) to perform services related to the Project (“the Subcontractor Services”) is subject to prior approval by the City. The Consultant shall list on the subcontractors list all Subcontractors known to the Consultant at the time this Agreement is entered. If at any time after this Agreement is entered into the Consultant identifies a need for additional Subcontractor Services, the Consultant shall give written notice to the City of the need, at least forty-five (45) days before entering into a contract for such Subcontractor Services. The Consultant’s notice shall include a justification, a description of the scope of work and an estimate of all costs for the Subcontractor Services. The Consultant may request that the City reduce the forty-five (45) day notice period. The City agrees to consider such requests in good faith.
4.4.1 Subcontractor Contract. All contracts entered into between the Consultant and a Subcontractor shall contain the information as described in sections 4.6, 4.7 and, 4.10.2 as well as any other information, terms and conditions required elsewhere in this Agreement to be included in said agreements) and shall also provide as follows:
4.4.1.1 For each design professional Subcontractor, each Subcontractor shall disclose or obtain insurance policies which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. Each Subcontractor shall obtain, and the Consultant shall require the Subcontractor to obtain, all policies described in Exhibit C.
4.4.1.2 The Consultant is obligated to pay the Subcontractor, for Consultant- and City-approved invoice amounts, out of amounts paid by the City to the Consultant, not later than fourteen (14) working days from the Consultant’s receipt of payment from the City. Nothing in this paragraph shall be construed to impair the right of the Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves.
4.4.1.3 In the case of a deficiency in the performance of Subcontractor Services, the Consultant shall notify the City in writing of any withholding of payment to the Subcontractor, specifying: (a) the amount withheld, (b) the specific cause under the terms of the
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subcontract for withholding payment, (c) the connection between the cause for withholding payment and the amount withheld and (d) the remedial action the Subcontractor must take in order to receive the amount withheld. Once the Subcontractor corrects the deficiency, the Consultant shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Consultant’s receipt of the City’s next payment.
4.4.1.4 In any dispute between the Consultant and a Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute.
The Consultant agrees to defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Consultant and a Subcontractor should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.
4.4.1.5 The Subcontractor is bound to the same requirements as the primary consultant for assurances to the City regarding non-discrimination covenants set forth in section 4.6.
4.5 Contract Activity Report.
The Consultant shall submit statistical information to the City as requested in the City’s contract activity report (“the Contract Activity Report”). The statistical information shall include the amount of subcontracting provided by firms during the period covered by the Contract Activity Report. With the Contract Activity Report, the Consultant shall provide an invoice from each Subcontractor listed in the report. The Consultant agrees to issue payment to each firm listed in the Report within fourteen (14) working days of receiving payment from the City for Subcontractor Services as described in section 4.4.1.
4.6 Non-Discrimination Requirements.
The Consultant shall not discriminate on the basis of race, gender, gender identity, gender expression, religious creed, national origin, color, sexual orientation, age, disability (mental and physical) including HIV and AIDS, ancestry, medical condition (cancer and genetic characteristics), genetic information, marital status, gender identity, military or veteran status or sex (which includes pregnancy, childbirth and medical conditions related thereto) in the solicitation, selection, hiring or treatment of Subcontractors, vendors or suppliers. The Consultant shall provide equal opportunity for Subcontractors to participate in subcontracting opportunities. The Consultant understands and agrees that violation of this clause shall be considered a material breach of this Agreement and may result in contract termination, debarment or other sanctions. This language shall be in contracts between the Consultant and any Subcontractors, vendors and suppliers.
4.7 Drug-Free Workplace.
The Consultant agrees to ensure a drug-free workplace. The Consultant shall certify to the City that it will provide a drug-free workplace by submitting a consultant certification for a drugfree workplace form.
4.7.1 Consultant’s Notice to Employees. The Consultant shall publish a
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statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.
4.7.2 Drug-Free Awareness Program. The Consultant shall establish a drug-free awareness program to inform employees about all of the following:
4.7.2.1 The dangers of drug abuse in the work place.
4.7.2.2 The policy of maintaining a drug-free work place.
4.7.2.3 Available drug counseling, rehabilitation and employee assistance programs.
4.7.2.4 The penalties that may be imposed upon employees for drug abuse violations.
4.7.3 Posting the Statement. In addition to section 4.7.1 above, the Consultant shall post the drug-free policy in a prominent place.
4.7.4 Subcontractor’s Agreements. The Consultant further certifies that each contract for Subcontractor Services for this Project shall contain language that binds the Subcontractor to comply with the provisions of section 4.7 of this Agreement. The Consultant and any Subcontractors shall be individually responsible for their own drug-free work place program.
4.8 Americans with Disabilities Act Statement.
The Consultant shall certify that any construction documents and specifications meet current Title 24 of the California Code of Regulations, known as the California Building Standards Code (“Title 24”) requirements and the Americans with Disabilities Act Accessibility Guidelines (“ADAAG”) and are in general compliance with the Americans with Disabilities Act of 1990. When a conflict exists between Title 24 and ADAAG, the most restrictive requirement shall be followed.
The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The City acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations.
The Design Professional, therefore, will use his or her reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local laws, rules, codes ordinances and regulations as they apply to the project. The Design Professional, however, cannot and does not warrant or guarantee that the City’s project will comply with interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the project.
4.9 Product Endorsement.
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The Consultant acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.
4.10 Conflict of Interest.
The Consultant is subject to all Federal, State and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices, including but not limited to California Government Code sections 1090 et seq. and 81000 et seq. The Consultant shall complete one (1) or more statements of economic interest disclosing relevant financial interests as described on Exhibit “D” attached hereto and incorporated herein (“Consultant’s Statement of Financial Interest”) which may be amended from time to time by City. Upon the City’s request, the Consultant shall submit the necessary supplementary documentation to the City.
4.10.1 The Consultant shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.
4.10.2 The Consultant and its Subcontractors having subcontracts amounting to one percent (1%) or more of the value of the Consulting Services agreed to under this Agreement are precluded from participating in design services, on behalf of the contractor, construction management and any other construction services related in any way to the Consulting Services without the prior written consent of the City.
4.10.3 The Consultant’s personnel employed on any task shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. In connection with any task, the Consultant shall not recommend or specify any product, supplier or contractor with whom the Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations or policies.
4.10.4 If the Consultant violates any conflict of interest laws or any of these provisions in section 4.10, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects the Consultant to liability to the City for attorneys’ fees and all damages sustained as a result of the violation.
4.11 Mandatory Assistance.
If a third-party dispute or litigation, or both, arises out of, or relates in any way to, the Consulting Services provided under this Agreement, upon the City’s request, the Consultant and its agents, officers and employees agree to assist in resolving the dispute or litigation (“Mandatory Assistance”). The Mandatory Assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.
4.12 Compensation for Mandatory Assistance.
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The City will compensate the Consultant for fees incurred for providing Mandatory Assistance as Additional Services under section 3.3. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third-party dispute or litigation, or both, to be attributable in whole, or in part, to the negligent acts or omissions of the Consultant, its agents, officers or employees, the Consultant shall pay back the City. The City is then entitled to repayment of all fees paid to the Consultant, its agents, officers and employees for Mandatory Assistance.
4.13 Attorneys’ Fees Related to Mandatory Assistance.
In providing the City with dispute or litigation assistance, the Consultant or its agents, officers and employees may incur expenses and/or costs. The Consultant agrees that any reasonable attorneys’ fees it may incur as a result of assistance provided under section 4.11 are reimbursable.
4.14 Retention of Records.
Consultant is required to keep all related accounting records and documents for a period of not less than five (5) years after the final reports are submitted by the City to the State Department of Housing and Community Development, as per Federal and State requirements.
Upon the City’s request, the Consultant shall submit exact duplicates of originals of all requested records to the City.
ARTICLE V
CITY’S OBLIGATIONS
5.1 Ownership of Documents.
Once the Consultant has received any compensation for the Consulting Services performed, all documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files and specifications prepared in connection with or related to any task or Consulting Services shall be the property of the City. The City’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The City’s ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed. This section 5.1 shall apply whether the Consultant’s Consulting Services are terminated by the completion of the Project or in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the Consultant shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files and specifications.
The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications.
Any reuse or modification of the project documents by the City shall be at the City’s sole risk and the City agrees to indemnify, defend and hold Consultant harmless from claims, damages, and expenses, including attorney’s fees, arising out of such reuse or modification by the City or by others acting through the City.
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5.2 Additional Consultants or Contractors.
The City reserves the right to employ, at its own expense, such additional consultants or contractors as the City deems necessary to perform work or to provide the Consulting Services on the Project.
5.3 Employment of City Staff.
This Agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Consultant employs an individual who, within the last twelve (12) months immediately preceding such employment did, in the individual’s capacity as an officer or employee of the City, participate in, negotiate with or otherwise have an influence on the recommendation made to the City Council or City Manager in connection with the selection of the Consultant.
ARTICLE VI
INDEMNIFICATION
6.1 Indemnification
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless the City, and any and all of its employees, and officials from and against any liability (including liability for claims, suits, actions, arbitration proceedings, losses, including reasonable attorney’s fees to the extent the same arise out of, are a consequence of, or are in any way attributable to the performance of, this Agreement by Consultant or by any individual or entity for which the Consultant is legally liable, including but not limited to officers, agents, employees or Subcontractors of the Consultant.
6.2 General Indemnification Provisions.
The Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Consultant in the performance of this Agreement.
In the event the Consultant fails to obtain such indemnity obligations from others as required here, the Consultant agrees to be fully responsible according to the terms of this section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Consultant and shall survive the termination of this Agreement or this section.
Without affecting the rights of the City under any provision of this Agreement, the Consultant shall not be required to indemnify and hold harmless the City for liability attributable to the negligence of the City, provided such negligence is determined by agreement between the Parties, formal dispute resolution or by the findings of a court of competent jurisdiction.
ARTICLE VII
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MISCELLANEOUS
7.1 Notices.
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) 3 business days after eosit mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To CITY: City of El Centro
Attn: Community Development Director
1275 West Main Street
El Centro, CA 92243
Attention: City Clerk
Norma Wyles
1275 West Main Street
El Centro, CA 92243
To CONSULTANT: Brian F. Mooney
Principal
5620 Friars Road
San Diego, CA 92110
7.2 Headings.
All article headings are for convenience only and shall not affect the interpretation of this Agreement.
7.3 Non-Assignment.
The Consultant shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City’s prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.
7.4 Independent Contractors.
The Consultant and any Subcontractors employed by the Consultant shall be independent contractors and not employees or agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Consultant concerning the details of performing the Consulting Services, or to exercise any control over such performance, shall mean only that the Consultant shall follow the direction of the City concerning the end results of the performance.
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Without receiving the Consultant’s written permission, the City agrees not to hire, retain or contract with any employee of the Consultant who performs services for the City under this Agreement for one (1) year from the date this Agreement is terminated.
7.5 Consultant and Subcontractor Principals for Consulting Services.
It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant is based on the particular professional expertise of the individuals rendering the services set forth in each task. Accordingly, portions of the described service may not be delegated to other members of the team or Subcontractors without prior written consent by the City. It is mutually agreed that Brian F. Mooney, Principal is the principal person responsible for delivery of all Consulting Services and may not be removed from any tasks without the City’s prior written approval. In the event Brian F. Mooney, Principal becomes unavailable for any reason, the City must be consulted as to any replacements. Further, the City reserves the right, after consultation with the Consultant, to require removal of the Consultant’s employees or agents.
7.6 Covenants and Conditions.
All provisions of this Agreement expressed as conditions on the part of the City or the Consultant shall be deemed to be conditions.
7.7 Compliance with Controlling Law.
The Consultant shall comply with laws, ordinances, regulations and policies of the Federal, State and local governments applicable to this Agreement in effect at execution of the contract or changes as reasonably known. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.
7.8 Jurisdiction, Venue and Attorneys’ Fees.
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms or any related disputes shall be in the County of Imperial, State of California. If either Party brings an action to enforce the terms of this Agreement or declare rights under this Agreement, the prevailing Party in any such action, on trial or appeal, shall be entitled to its reasonable attorneys’ fees and costs as fixed by the court to be paid by the losing Party.
7.9 Successors in Interest.
This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party’s successor in interest.
7.9.1 Corporate Protection.
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It is intended by the parties of this Agreement that the Design Professional’s services in connection with the project shall not subject the Design Professional’s individual employees, officers or directors to any personal legal exposure for the risks associated with this project.
Therefore, and not withstanding anything to the contrary contained herein, the City agrees that as the City’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Design Professional, a California corporation, and not against any of the Design Professional’s employees, officers or directors.
7.10 Integration.
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents or employees, shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.
7.11 Counterparts.
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.
7.12 No Waiver.
No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition and term hereof shall continue in full force and effect to any existing or subsequent breach.
7.13 Severability.
The unenforceability, invalidity or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.
7.14 Municipal Powers.
Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter city of the State of California.
7.15 Drafting Ambiguities.
The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against
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either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
7.16 Signing Authority.
The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
7.17 Conflicts between Terms.
If an apparent conflict or inconsistency exists between the main body of this Agreement and the exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable Federal, State, or local law, rule, regulation, order or code and this Agreement, the law, rule, regulation, order or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
7.18 Non-Appropriation.
This Agreement is based on the availability of public funding on the part of the City. In the event of unavailability or non-appropriation of funds, the City may either agree to make up the shortfall in a manner of its choosing or terminate the Agreement, without penalty, after written notice to the Consultant. Should the City elect to terminate the Agreement, it shall compensate the Consultant for the work it has performed up to the date of termination.
ARTICLE VIII
CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant including but not limited to Exhibit "A" hereto. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall take precedence over those contained in the Consultant's proposals, The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.
ARTICLE IX
AUTHORITY TO EXECUTE THIS AGREEMENT
The person executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through the Interim City Manager, authorizing such execution, and by the Consultant.
THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Cedric Ceseña, Interim City Manager
ATTEST:
_________________________
Norma Wyles, City Clerk
I HEREBY CERTIFY I can legally bind CONSULTANT, and that I have read all of this Agreement, this14 day of March, 2023.
Date: _____3/14/2023____________ By: _____________________________ Brooke Peterson, Associate Principal
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 20 .
APPROVED AS TO FORM
Office of the City Attorney
By ________________________________
Elizabeth L. Martyn, City Attorney
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EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
IF REQUIRED Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
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• Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or sub-consultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against
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CITY, and shall require similar written express waivers and insurance clauses from each of its sub-consultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results
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in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY.
CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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EXHIBIT D
CONSULTANT FINANCIAL DISCLOSURE STATEMENT 1
Consultant will comply with all conflict of interest laws and regulations including, without limitations, City’s Conflict of Interest Code (on file in the City Clerk’s Office) as required by Section 4.10 of this Agreement. It is incumbent upon the Consultant to notify the City pursuant to Sections 7.1 and 7.5 of any staff changes relating to this Agreement. The City Manager has made the following determination and Consultant, by his/her signature, acknowledges said determination. 2 A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required of any officers, employees, and/or agents of Consultant. Consultant duties are as follows:
Cedric Ceseña, Interim City Manager Consultant Signature & Title B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant may make or participate in making a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category “Consultant” of the City’s Conflict of Interest Code.
Cedric Ceseña, Interim City Manager Consultant Signature & Title 1 Title 2, Division 6. California Code of Regulations Section 18701(a)(2). Pursuant to a contract with a local government agency, a consultant shall be required to file a Statement of Economic Interest if that consultant will: “(A) Make a government decision whether to: (1) Approve a rate, rule or regulation; (2) Adopt or enforce a law; (3) Issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (4) Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and which the agency is the party or to the specifications for such contract; (6) Grant agency approval to a plan, design, report, study or similar item; or (7) Adopt, or grant approval of policies, standards or guidelines for the agency or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code, under Governmental Code Section 87302.” 2 Disclosure by Consultants: Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the City’s adopted Conflict of Interest Code, subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and closely supervised, and, thus, is not required to comply with the disclosure requirements in the City’s adopted Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties.
The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as the City’s adopted Conflict of Interest Code.
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2023ServiceAreaPlanUpdate
RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING A CONSULTING AGREEMENT
WITH RICK ENGINEERING COMPANY FOR THE
PREPARATION OF THE CITY’S 2023 SERVICE AREA PLAN
UPDATE
WHEREAS, it is necessary for the City Council of the City of El Centro, California, (“the City Council”) to approve a professional service agreement with Rick Engineering Company for the preparation of the City’s 2023 Service Area Plan; and WHEREAS, the City Council finds that the approval of this agreement is in the best interest of the City of El Centro, California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS;
1. The above and foregoing is true, correct, and adopted.
2. That the City Council does hereby approve the Agreement.
3. That the City Manager is hereby authorized to sign the Agreement on behalf of the City, a copy of which is on file in the Office of the City Clerk and to take any and all necessary action to implement the provisions of this Resolution.
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
_____________________________
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
7.b
Packet Pg. 137 Attachment: Exhibit B-Resolution (5881 : Professional Services Agreement with Rick Engineering Company) 03/2023/cdz/A23-0046/Reso/AgrmtRickEng/
2023ServiceAreaPlanUpdate
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
7.b
Packet Pg. 138 Attachment: Exhibit B-Resolution (5881 : Professional Services Agreement with Rick Engineering Company) City Council of the City of El Centro Meeting: 03/21/23 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 # 5884) DOC ID: 5884
MOU for Unrepresented Police Lieutenant Management
Employees
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO IDENTIFYING, RECOGNIZING AND ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR UNREPRESENTED POLICE LIEUTENANT
MANAGEMENT EMPLOYEES
FISCAL IMPACT:
Compensation will be paid by the General Fund.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #1 - Financial & Governance Stability & Sustainability Action 1.7 - Align the provision of critical city services and Strategic Plan Implementation with current staffing levels.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
Pay increases for the unrepresented police lieutenant management employees as discussed by City Council.
DISCUSSION:
The modified terms and conditions are being presented to the City Council for final approval. Major changes are as follows:
1- Collapsing salary schedule to 6 steps.
2- COLA increases July 2023 and July 2024.
3- Step increases on their anniversary date conditioned upon the employee's performance evaluation rating his/her performance satisfactory or better. 4- The employer medical insurance contribution caps are set at 80% based on the limited plan.
CONCLUSION:
Adopt Resolution No. 23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO IDENTIFYING, RECOGNIZING AND ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR UNREPRESENTED POLICE LIEUTENANT
MANAGEMENT EMPLOYEES
ATTACHMENTS:
• A22-0253 - PD lieutenant reso 3.14 final_ (DOC)
8 Packet Pg. 139
03/2023/cdz/A22-0253/MOU/UnrepresentedPoliceLieutenantMgmntEmp Page 1 of 13 RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO IDENTIFYING,
RECOGNIZING AND ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR
UNREPRESENTED POLICE LIEUTENANT
MANAGEMENT EMPLOYEES
WHEREAS, on or about November 02, 2021, the City Council created the classification of Police Lieutenant as a management classification and there is no applicable Resolution; and WHEREAS, the City Council wishes to identify and recognize all current employees that are in the Unrepresented Police Lieutenant Management classification; and WHEREAS, the City Council wishes to declare that this classification is presently unrepresented and its members are not members of any employee labor group for purposes of collective bargaining or representation; and
WHEREAS, it is the intent of the City Council that the classification listed in this resolution be exempt under State and Federal Fair Labor Standards Act statutes, rules and regulations; and
WHEREAS, the City Council finds that it is in the best interests of the City to adopt this resolution at this time identifying and recognizing the Unrepresented Police Lieutenant Management classification and providing for terms and conditions of employment.
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. This Resolution shall take effect upon adoption. The terms and conditions set out in this Resolution shall be applicable to each Police Lieutenant upon the date of each person’s appointment to that position: That the classifications belonging to this group, hereinafter known as the City Unrepresented Police Lieutenant Management Employees are:
Police Lieutenant
3. The terms and conditions of Employment for Commanders and Executive Commanders shall be in a separate MOU.
4. COMPENSATION
a. Salary and Performance Increases:
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1. Step Collapse.
Step 6: The current Step 11 will receive a 2% COLA and shall become the new Step 6.
Step 5: The current Step 10 will receive a 2% COLA and will become the new Step
5. Step 4: The new Step 4 will equal 95% of the new Step 5.
Step 3: The new Step 3 will equal 90% of the new Step 5.
Step 2: The new Step 2 will equal 85% of the new Step 5.
Step 1: The new Step 1 will equal 80% of the new Step 5.
2. Step Placement.
Employees at the current Step 11 will be at the new Step 6.
Employees at the current Step 10 will be at the new Step 5.
All other employees will be placed in the new Step (1-5) that is closest to their current salary (after receiving a 2% salary increase on current pay) without suffering any pay reduction.
3. Salary Schedule.
Separate salary schedules showing the salary step ranges are shown in Appendix A attached and herein incorporated by reference.
4. COLA
Effective as of the first full pay period for July 2023, for fiscal year 2023/2024, all employees will receive a COLA of 3% of base salary as of June 30, 2023.
Effective as of the first full pay period for July 2024, for fiscal year 2024/2025, all employees will receive a COLA of 2% of base salary as of June 30, 2024. b. Merit Increases.
Upon the effective date of this MOU through June 30, 2025, all employees will be eligible for a step increase on their anniversary date (as defined below) conditioned upon the employee's evaluation rating his/her performance satisfactory or better.
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1. It is expected that the annual evaluation shall occur on an employee's anniversary date. If the evaluation occurs after the anniversary date and the evaluation rates the performance at satisfactory or better, the step increase will be retroactive to the anniversary date.
2. Any future step increases after the termination of this MOU, June 30, 2025, must be approved by the Parties in a successor MOU.
3. As used herein, “anniversary date” shall mean the original employee’s date of hire, date of promotion or whichever is most recent.
c. Overtime Compensation.
Employees in this unit are considered exempt under Fair Labor Standards Act ("FLSA") guidelines and are therefore not eligible for overtime compensation except as otherwise provided here and on a case by case basis.
1. Police Lieutenants required to spend time as a peace officer or watch commander will be compensated at time-and-one-half rate for time spent in excess of their normal shift. Upon written approval of the Police Chief, the overtime rate is for SWAT, mandatory shift scheduling and additional watch commander shifts based on operational needs where the employee is not serving in his/her regular management role.
2. Upon written approval of the Police Chief, exempt police management employees are eligible to work in state or federal service or state or federal funded activities and are eligible for pay in excess of their regular salary as follows: a. When assigned to state or federal service on a non-work day, the exempt employee shall receive one and a half (1 ½) times their regular rate of pay. When assigned to work for another exempt employee who is working in state or federal service on a regularly scheduled workday, the exempt employee shall receive one and one-half times (1 ½) the regular rate of pay.
3. Lieutenants shall not be entitled to call-back or standby pay of any kind.
5. UNIFORM ALLOWANCE.
For the purposes of defraying the cost of purchasing and maintaining uniforms and clothing prescribed by the City, all employees covered by this MOU shall receive a uniform allowance as follows:
a. Sworn employees in the classification of Police Lieutenant will receive one thousand five hundred dollars ($1,500), annually, seven hundred and fifty dollars ($750) payable in July and January, and will be paid by separate check.
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1. All newly-hired uniformed personnel shall receive a pro-rata amount of the yearly allowance and an additional sum of six hundred dollars ($600) for the initial purchase of uniforms. Payments pursuant to this paragraph shall be paid as soon as practical after the date of hire.
Employees shall furnish, upon request by the City, copies of the receipts for the purchase or maintenance of uniforms.
6. RETIREMENT CONTRIBUTIONS.
a. Lieutenants shall receive the following retirement contributions:
1. Retirement Tier 1 – Safety Members hired before January 1, 2013, shall receive the 3% @ 50 retirement formula, highest (12) month average final compensation period, the Fourth Level of the 1959 Survivor’s Benefit, Unused Sick Leave Option, and a two percent (2%) retirement Cost of Living Adjustment (“COLA"). These Safety Members shall pay the entire nine percent (9%) of the CalPERS employee contribution on a pre-tax basis.
(A) Effective the first full pay period following execution of this MOU, the employees shall pay 9% of the member contribution plus an additional "cost share" pension contrition of 3%, total pension contribution shall be 12%.
(B) This cost sharing pension contribution shall initially be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f). After the initial implementation and as soon as practical, the City and Association shall amend the CalPERS contract so that cost sharing will be by contract amendment under Government Code section 20516(a). This pension contribution shall extend beyond the expiration of this MOU.
2. Retirement Tier 2 – These Safety Members, as defined by CalPERS, hired on or after January 1, 2013, shall receive the 2.7% @ 57 retirement formula, highest thirty-six (36) month average final compensation period, the Fourth Level of the 1959 Survivor’s Benefit, Unused Sick Leave Option, and a two percent (2%) retirement COLA. These Safety Members shall pay half the total normal cost of the retirement plan as determined annually by CalPERS on a pre-tax basis.
7. OUT OF CLASS PAY.
a. Any sworn employee appointed to an acting position and/or working out of class with duties of a higher classification shall receive out-of-class pay as follows:
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1. Employees shall receive an increase of ten percent (10%) of his/her base rate of pay for all hours that the employee is assigned to such duties.
2. The selection of an employee for said temporary assignment shall be at the discretion of the department head taking into consideration any applicable promotional eligibility list, the qualifications and requirements of the position to be filled, and qualifications and job performance of those employees eligible for temporary upgrading.
8. EDUCATION INCENTIVE PAY.
a. Incentive Pay: Employees covered by this MOU shall receive educational incentive pay in the following manner:
1. Employees shall be eligible for the following educational incentive pay:
Bachelors $75 per pay period
or
Master’s Degree $100 per pay period
AND
Supervisory or Management Certificate $150 per pay period
2. No employee shall be eligible for Educational Incentive Pay in excess of $250 per pay period.
3. Employees are eligible for incentive pay only if they hold certifications and/or degrees that are not required for their positions.
4. The college degrees must be received from a college or university that has been approved by the Human Resources Department.
b. Tuition Reimbursement. The City subscribes to and supports an educational tuition reimbursement and professional development program for the benefit of employees who want to further or continue their education. Lieutenants shall be eligible for tuition reimbursement of up to one thousand two hundred dollars ($1,200) and one thousand four hundred dollars ($1,400) per year for professional development.
Guidelines are as follows:
1. Employees who, in their sole discretion, want to broaden their job-related knowledge by pursuing academic training and higher education on their offduty hours may receive reimbursement for expenses as provided herein.
Under this program, reimbursement is available for “Regular” employees who are performing their job in a satisfactory manner.
2. Expenses for tuition and textbooks, under this program, will be reimbursed subject to the approval of the department head and/or the Director of Human Resources.
8.a
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3. Continuing education under this program is defined as postsecondary college level course work necessary to obtain a diploma or degree. Reimbursement will be subject to the following criteria:
(A) That a degree or certificate is sought;
(B) Courses may not be taken during the employee’s regular working hours; unusual exceptions require appropriate approval;
(C) Completion of the course must be verified with a grade of “C” or better. (D) If the employee withdraws from a course, the employee will be responsible for any expenses incurred.
(E) The employee must remain an active “Regular” employee through conclusion of the course.
4. Reimbursement Procedure:
(A) Employee completes tuition reimbursement request form and submits to department head for approval;
(B) If approved, department head will submit to Human Resources for approval;
(C) If approved by Human Resources, a copy of the approved form will be returned to the employee;
(D) The employee then makes all registration arrangements and pays for tuition and books/materials;
(E) After completing the course, the employee will provide Human Resources with grade sheet and receipts for tuition and books;
(F) Human Resources will prepare a claim form for any reimbursements due the employee.
5. Professional Training. The City encourages employees to broaden their knowledge and improve their skills in their City occupational field or area to improve their on-the-job performance and increase their overall value to the City by attending seminars, conferences, training workshops and/or certificate licensing programs.
1. Reimbursement is available for regular sworn employees in the classification of Police Lieutenant who are performing their job in a satisfactory manner, and requests for reimbursement are subject to the approval of the Department Head and/or the Director of Human Resources.
2. Seminars, conferences, training workshops and/or certificate licensing
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3. Employees who attend seminars or training under this program will not be compensated for time off. The use of leave accruals will be allowed.
4. Reimbursable expenses include registration, tuition, books and materials.
5. Reimbursement Procedure:
(A) Employee completes professional development reimbursement request form and submits to department head for approval; (B) If approved, department head will submit to Human Resources for approval;
(C) If approved by Human Resources, a copy of the approved form will be returned to the employee;
(D) The employee then makes all registration arrangements and pays for tuition and books/materials;
(E) After attending the seminar, the employee will provide Human Resources with any certificate, attendance verification and/or receipts related to the seminar.
(F) Human Resources will prepare a claim form for any reimbursements due the employee.
6. All training required for a position or a necessary certification shall be reimbursed through the departmental budget which shall make appropriate allocations for said activities, provided however, that should such allocation be insufficient to reimburse members for said training, then members may utilize the general education reimbursement incentive to fully fund said training.
9. EXPERT PAY
Sworn employees who qualify as an expert in the following fields shall receive expert pay in the amount of two hundred twenty-five dollars ($225) per month:
a. Narcotics, firearms, traffic accident investigation, child abuse, driving under the influence and gangs.
b. To qualify for expert pay, the employee must either be certified as an expert in one of the above fields through the court or by the Chief of Police or designee (hereafter “Chief of Police”) through a review of the employee’s qualifications, training and experience. If an employee is denied expert pay, the Chief of Police or his or her
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c. The maximum amount an employee of this unit can receive for expert pay shall be two hundred and twenty-five dollars ($225) per month.
10. HAZARD PREMIUM
Sworn employees in the classification of Lieutenant who are assigned to the Department’s Crisis Response Team shall receive a stipend equal to three percent (3%) of that employee’s base pay during the period of said assignment.
11. NEW ANNUAL LEAVE DENIAL / CASH OUT
No annual/vacation leave will be accrued above the cap at any time or for any reason. When (i) an employee has taken a minimum of 1 week of annual/vacation leave during the current fiscal year; (ii) the employee thereafter is denied a request to take additional annual/vacation leave in that fiscal year because of department or city work load or reasons beyond the control of either party to this MOU; and (iii), the employee for such reason is unable to take said annual/vacation leave by the end of that fiscal year without triggering overtime the City shall cash out only the amount of the denied annual leave hours, up to a maximum of 80 hours.
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.
12. WORK SCHEDULE.
Employees covered by this MOU shall have a normal workweek of forty (40) hours on a schedule to be determined by the needs of the department. Lieutenants are exempt from the provisions of the FLSA.
13. INSURANCE.
a. MEDICAL INSURANCE
Each employee filling a full-time position and in a pay status for at least thirty (30) hours per week shall have the opportunity to participate in the City’s comprehensive major medical, dental, life and vision care insurance program. The employees covered by this MOU may obtain coverage for their legal dependents under the same comprehensive major medical, dental, life and vision care insurance program. The City will contribute on behalf of the employee the following amounts to the health insurance premiums:
Employee only – Up to $754.56 per month
Spouse - Up to $1,155.19 per month
Child(ren) - Up to $1,094.45 per month
Spouse & Children - Up to $1,475.52 per month
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The Parties shall continue to meet and confer during the term hereof to consider adoption of alternative coverage or plans and may be presented by the City’s health insurance consultant.
An employee on an approved leave of absence without pay from the City may continue to carry the City’s comprehensive insurance by making full payments to the City for the costs of such insurance, in accordance with the City’s Personnel Rules and Regulations. b. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE The City agrees to provide term life insurance and accidental death and dismemberment coverage for sworn employees in the classification of Police Lieutenant, seventy-five thousand dollars ($75,000).
c. DISABILITY INSURANCE
The City shall provide short-term disability and long-term disability insurance coverage for employees covered by this MOU.
d. HEALTH INSURANCE CONTRIBUTION FOR RETIREES
Sworn employees in the classification of Police Lieutenant, if the sum of his/her age (expressed in years and complete months) plus the years of service credit with the City (as reflected in the records of CalPERS) totals seventy (70) or more upon retirement, the City shall pay six hundred and nineteen dollars and one cent ($619.01) per month towards the retiree only portion of said insurance until the retiree reaches age sixty-five (65). During this time, insurance coverage will be available for the retiree’s dependents at the retiree’s expense. At age sixty-five (65) the retired employee may elect to continue sad insurance coverage, including dependent coverage, at the retiree’s expense.
14. ANNUAL LEAVE
Annual leave is provided to employees for the purpose of rest and relaxation from their duties and for attending to medical situations and personal business. Annual leave is a combination of an employee’s vacation, sick time, and birthday holiday. a. ELIGIBILITY
Employees shall be eligible to take annual leave after completing one (1) month of continuous full-time service.
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Lieutenants: Annual leave shall accrue biweekly for all eligible employees. Eligible employees are employees who are on a pay status for fifty percent (50%) or more of a bi-weekly period. Annual leave shall accrue according to the following schedule.
Months of Continuous
Service
Hours Per Pay Period
Police Lieutenant
0-60 8.62
61-72 8.92
73-84 9.23
85-96 9.54
97-108 9.85
109+ 10.15
c. ACCUMULATION
Annual leave may be accumulated up to a maximum of five hundred (500) hours. d. SCHEDULING FOR LIEUTENANTS
The times when a Lieutenant may take annual leave during a calendar year shall be determined by annual leave requests submitted by employees. Said requests shall be approved or disapproved by the Chief of Police or designee taking into consideration employee dates of hire, due regard for the wishes of the employee, and particular regard for the needs of the department.
e. CASH OUT
Employees shall have the following cash out rights:
1. Cash Out at Separation. Employees who leave the employment of the City shall be paid for accumulated annual leave at the employee’s current rate of pay.
15. ADMINISTRATIVE LEAVE
Employees covered by this resolution shall receive sixty-four (64) hours of paid Administrative Leave per year effective July 1 of each year on a non-accruable basis; provided, however, that an employee joining the City's professional staff after December 31 of a fiscal year shall receive twenty (20) hours of paid Administrative Leave during that year. Any Administrative Leave time remaining in an employee's account as of June 1 of each year may shall be converted to cash; provided, however, that the total leave converted shall not exceed forty (40) hours.
Administrative Leave provided pursuant to this section shall not be considered "vacation leave" within the meaning of section 227.3 of the Labor Code, and any remaining Administrative Leave time remaining as of June 30 shall be forfeited.
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16. FLAT BADGES
Employees required to possess a badge while off-duty or while on-duty but not in uniform may, at their option, use a flat badge. Such a badge shall be furnished by the City and remain the property of the City, and shall be returned thereto upon termination of the employee, or upon written order by the Chief, Executive Commander or Commander.
Employees assigned to non-uniformed duty shall wear attire appropriate to the assignment.
17. NO DISCRIMINATION POLICY
It is agreed that no employee will be discriminated against because of exercising his/her rights specified in the employer-employee relations policy or his/her rights under this MOU.
18. COUNSELING MEMORANDUMS
Counseling Memorandums will be placed in an employee’s personnel file at the Police Department and shall not be forwarded to an employee’s permanent file at the Department of Human Resources.
A Counseling Memorandum shall only remain in an employee’s personnel file for one (1) year.
19. TERM OF MOU
Except as specified otherwise herein, this MOU shall be effective March 21, 2023 and shall remain in full force and effect only until and through June 30, 2025.
IN WITNESS WHEREOF, the parties hereto have caused this MEMORANDUM OF UNDERSTANDING to be executed this Tuesday, March 21, 2023.
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CLASSIFICATION GRADE
POLICE LIEUTENANT P19
Effective upon adoption of this resolution
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
P19 9167 9740 10313 10886 11459 12032
Effective first full pay period for July 2023
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
P19 9442 10032 10622 11213 11803 12393
Effective first full pay period for July 2024
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
P19 9631 10233 10834 11437 12039 12641
8.a
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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 )
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 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED: None
By _____________________________
Norma Wyles, City Clerk
.
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Packet Pg. 152 Attachment: A22-0253 - PD lieutenant reso 3.14 final_ (5884 : MOU for Unrepresented Police Lieutenant Management Employees) City Council of the City of El Centro Meeting: 03/21/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Discussion
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5875) DOC ID: 5875
Discuss Zoom meeting attendance for the public versus
broadcasting.
CITY MANAGER’S RECOMMENDATION:
City Council Direction is Requested
FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
Shortly after the State’s declaration of a COVID emergency, the Governor issued an executive order, which then was revised several times, allowing meetings to be held remotely via zoom or similar platforms. All Council members could attend remotely as could the public. As of March 1, 2023, the ability of Council members to attend remotely ended with the end of the declaration of emergency, i.e. March 1. Council members now may attend remotely only under certain circumstances defined in the amended Brown Act (Govt. Code Section 54953). However, the Council’s ability to continue remote meetings for public attendance remains, subject to certain requirements for the type of platform used and conduct of the meeting. (See Govt.
Code Section 54953 and 54953.7, which provides access to meetings beyond required standards). City meetings also currently are broadcast on Facebook, Twitter, and YouTube.
DISCUSSION:
City Council direction is requested as to whether public zoom participation should continue or whether public attendance should be in person. Broadcasting of meetings will continue. If public attendance is chosen, remote participation could be provided in certain cases
In addition, Council direction is requested for the Planning Commission and other legislative bodies created by the City.
CONCLUSION:
Council direction requested.
9 Packet Pg. 153
Action Item (ID # 5875) Meeting of March 21, 2023
ATTACHMENTS:
• AB 2449 - city (DOCX)
9 Packet Pg. 154
00089878.1
ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL
MEMORANDUM
TO: Mayor and Council members
City Clerk
City Manager
FROM: Elizabeth Martyn, Cole Huber
DATE: November 7, 2022
SUBJECT: Assembly Bill 2449 - Teleconference Requirements Purpose
The purpose of this memorandum is to provide elected officials and staff with guidance to implement Assembly Bill (AB) 2449, effective from January 1, 2023 through December 31, 2023.
Background
Historically, in order to include a public agency elected official in a public meeting through teleconferencing, local agencies were required to comply with the provisions of Government Code Section 54953(b). In particular, Government Code Section 54953(b)(3) requires that the local agency:
1. Post agendas at all teleconference locations;
2. Identify each teleconference location in the notice and agenda for the meeting;
3. Confirm each teleconference location is accessible to the public; and
4. Confirm that at least a quorum of the legislative body members participate from locations within the boundaries of the territory; and
5. Conduct all votes by roll call.
Due to COVID-19, the Governor issued Executive Orders relaxing these requirements to allow local agencies to continue to hold meetings while maintaining social distancing guidance. The Legislature codified the requirements of those executive orders through the passage of AB 361, which added provisions to Govt. Code Section 54953(e). The provisions of Section 54953(e) apply only during a proclaimed state of emergency. Assuming no changes, the state of emergency for COVID-19 ends on February 28, 2023.
9.a
Packet Pg. 155 Attachment: AB 2449 - city (5875 : Continuation of Interactive Zoom Meetings)
ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL
November 7, 2022
00089878.1
The Legislature recently enacted AB 2449, which gives a third, limited option for teleconferencing. AB 2449 does not repeal the traditional teleconference option in Govt. Code Section 54953, subsection (b) or the COVID-19 provisions of AB 361 found in subsection (e).
Instead, it adds Section 54953(f), remains in effect only through 2023 and is a hybrid of the provisions of subsections (b) and (e).
AB 2449 allows City Council members (“members”) to participate by teleconference in a public meeting at a remote location not accessible to the public without posting agendas at their remote location or disclosing the address of the remote location and outside a proclaimed state of emergency. However, it places significant requirements on both the legislative body and on the member who wishes to participate remotely.
The City Council must meet the following requirements:
At least a quorum of total members must be present in a single physical location within the City’s jurisdiction for the public meeting, which is clearly identified in the agenda and open to the public.
The City may not require that comments be submitted in advance. Instead, the City must choose one reliable two-way audiovisual platform for the remote option that allows the public to participate and address the board members during the meeting or a reliable two way telephonic service with live webcasting. The agenda must identify the audiovisual or telephonic platform and provide the public with instructions on how to connect and participate in the meeting and provide comments during the applicable agenda item.
There may not be a requirement to submit public comments in advance of the meeting.
The agenda also must have instructions for how the public may offer comments in person.
The agenda must include all avenues available for the public to attend the meeting via internet-based or in-person to provide reasonable accommodations for all persons. Each member must be seen and/or heard remotely and in person. If the audiovisual or telephonic link is interrupted, the presiding officer must pause the meeting and take no action until public access is restored.
9.a
Packet Pg. 156 Attachment: AB 2449 - city (5875 : Continuation of Interactive Zoom Meetings)
ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL
November 7, 2022
00089878.1
In order for a member to make a remote appearance, that member must meet one of the following requirements for “just cause” or “emergency circumstances.” “Just cause” is defined as:
1. Childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely;
2. A contagious illness that prevents them from attending in person;
3. A need related to a disability not otherwise accommodated; or
4. Traveling for an official district business.
Please note that just cause does not include a personal trip or vacation. A member may not use the just cause provision for more than two meetings per calendar year. “Emergency circumstances” includes a physical or medical emergency that prevents the member from attending an in-person meeting. AB 2449 does not require the disclosure of any medical or doctor’s note for a member to utilize the “just cause” or “emergency” circumstance. Instead, the member only is required to justify their absence in person with a maximum of 20-word brief descriptions of their “just cause” or “emergency circumstance” without disclosing any medical diagnoses, disability, or personal medical information.
A member may not utilize the either the just cause of emergency circumstances provision for more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year. Therefore, if the legislative body meets about 20 times per year, the member may not utilize the “emergency circumstance” provisions for more than four (4) meetings per calendar year.
AB 2449 does not supersede or replace the traditional teleconference provisions under subsection (b) or the AB 361 provisions under subsection (e), and both of those subsections may continue to be utilized by the District. The member also may be absent; there has been no change to the provisions of the Government Code regarding sequential unexcused absences from meetings.
The member must make a request to teleconference for just cause as soon as possible and should describe the just cause. The request generally should be placed on the agenda for action by the City Council at the beginning of the meeting. The member must make a separate request for each meeting. The public agency may not approve a request that exceeds the maximum number of requests allowed by law. If the request does not allow for sufficient time to meet the requirements of the Brown Act, then the City Council may (but is not required to) take action under Section 54952.2(b)(4) to add the request to the agenda as an item which arose after the date of posting the agenda.
9.a
Packet Pg. 157 Attachment: AB 2449 - city (5875 : Continuation of Interactive Zoom Meetings)
ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL
November 7, 2022
00089878.1
The City Council must approve a member’s request to teleconference in emergency circumstances. The member must provide a brief description of the reasons for such request (which does not disclose medical information). The Council will be guided by the existing provisions of Section 54953 (g) regarding accessibility in taking action on the request. The request may not be granted if it exceeds the maximum number of requests allowed by law.
The member participating remotely must (i) publicly disclose whether any individual 18 years or older present in the member’s remote location and the relationship with such individual; and (ii)be able to be seen (through the audio visual platform or live casting) and heard through the audiovisual platform.
Remedies: Violations of these new provisions of the revised provisions is a Brown Act violation which is subject to the current penalties for violation.
9.a
Packet Pg. 158 Attachment: AB 2449 - city (5875 : Continuation of Interactive Zoom Meetings)
ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL
November 7, 2022
00089878.1
9.a
Packet Pg. 159 Attachment: AB 2449 - city (5875 : Continuation of Interactive Zoom Meetings) City Council of the City of El Centro Meeting: 03/21/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Report
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
INFORMATION ITEM (ID # 5817) DOC ID: 5817
Discussion and any necessary action regarding the
acceptance of 2022 Housing Element Annual Report
FISCAL IMPACT:
Not Applicable
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #1 - Financial & Governance Stability and Sustainability - Foster Fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost recovery, while providing high quality services through a commitment to local government best practices.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not Applicable
BACKGROUND:
The City of El Centro 2021-2029 Housing Element was adopted by the City Council on February 1, 2022, and certified by the California Department of Housing and Community Development on April 11, 2022. The Housing Element establishes the City’s strategy for meeting community housing needs for the period 2021-2029 and is one of nine integral and interrelated elements of the City of El Centro General Plan.
State law requires that every jurisdiction prepare an annual progress report on the status and progress in implementing the jurisdiction's Housing Element. The Housing Element Annual Progress Report is prepared by City staff using forms provided by the California Department Housing and Community Development. It must be presented in a public meeting before the City Council prior to being sent to the State. While charter cities are exempted from preparing the Annual Progress Report, all cities must submit one to qualify for housing related funding programs.
DISCUSSION:
This year’s Annual Progress Report, attached as Exhibit A, accounts for the first full calendar year of the 6th Cycle Regional Housing Needs Assessment (RHNA) period beginning on January 1, 2022 and ending on December 31, 2022. This will be the first Annual Progress Report for the 2021-2029 Housing Element. Below are the highlights from the Report for this period:
HOUSING UNITS ISSUED BUILDING PERMITS DURING CALENDAR YEAR 2021 10 Packet Pg. 160
Information Item (ID # 5817) Meeting of March 21, 2023
New Units in 2022
Single Family Homes 2
Accessory Dwelling Units (ADU) 35
Multi-Family Units 0
Mobile Home 1
Total Units 38
REGIONAL HOUSING NEEDS ASSESSMENT GOALS 2021-2029
Income Level RHNA
Allocation
2021-2029
2021* 2022 RHNA Goal
Remaining
Very Low ≤ 50% AMI 1001 32 4 965
Low 51% to 80% AMI 490 33 31 426
Moderate 81% to 120%
AMI
462 9 3 450
Above Moderate > 120%
AMI
1489 5 0 1484
Total Units 3,442 79 38 3,325
*2021 RHNA Period is from 6/30/2021 to 12/31/2021
In the attached Exhibit A, Table A2 follows the entitlements issued, building permits issued, and certificate of occupancies issued. Please note that HCD requires the tracking of all applications throughout all stages, credit for RHNA goals in 2022 are only given for building permits issued between January 1, 2022 to December 31, 2022.
CONCLUSION:
Staff recommends that the City Council accept the City’s Annual Housing Element Progress Report on the Implementation of the Housing Element and direct that the report be submitted to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
ATTACHMENTS:
• Exhibit A-APR Housing Element 2022 (PDF)
10 Packet Pg. 161
Table A2
2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 31 0 3 0 34
053-455-016 644 Sandalwood JADU AR 21-40 ADU R 1 11/24/2021 1 044-312-045 857 Scott Ave Garage JADU AR 21-41 ADU R 1 11/24/2021 1 053-581-003 525 Driftwood Detached ADU AR 21-42 ADU R 1 12/20/2021 1 053-721-007 955 Aurora Drive Garage JADU AR 21-43 ADU R 1 12/21/2021 1 053-230-005-000 233 E Olive #2 22-001805 ADU R 1 11/9/2022 1 053-235-016-000 114 W Brighton #2 22-000756 ADU R 1 5/9/2022 1 053-505-010-000 1481 Cypress Ave 22-001152 ADU R 1 9/13/2022 1 053-751-009-000 363 E Orange 22-001407 ADU R 1 10/13/2022 1 044-371-014-000 660 Woodward
Ave 22-001970 ADU R 1 11/30/2022 1
053-432-013-000 1206 Lenrey Ave 22-000285 ADU R 1 6/29/2022 1 053-162-010-000 1415 W Olive Ave 22-001135 ADU R 1 8/2/2022 1 053-304-004-000 278 E Heil Ave 22-001317 ADU R 1 8/30/2022 1 053-391-010-000 523 W Hamilton
Ave 22-001395 ADU R 1 9/19/2022 1
053-342-007-000 737 W Heil Ave 22-001507 ADU R 1 11/2/2022 1 053-032-006-000 749 Park 22-001400 ADU R 1 9/15/2022 1
044-254-012-000 851 W El Dorado
Ave 22-000832 SFD O 1 6/10/2022 1
052-782-012-000 2371 W Main St #2 22-001573 ADU R 1 9/20/2022 1 052-454-025-000 1732 S 23rd St #2 22-000785 ADU R 1 5/26/2022 1 053-573-007-000 625 2 Smoketree 22-000461 ADU R 1 3/24/2022 1 052-335-033-000 2015 Cottonwood
Cir 22-000924 ADU R 1 8/2/2022 1
053-455-016-000 644 2 Sandalwood
Dr 22-000095 ADU R 1 2/9/2022 1
044-372-013-000 708 Euclid Ave 22-000404 ADU R 1 4/27/2022 1 053-602-008-000 1671 Desert
Gardens Dr #2 22-001188 ADU R 1 8/22/2022 1
053-662-025-000 2068 2 S 14th St 22-000166 ADU R 1 2/23/2022 1 052-609-001-000 997 21st St #2 22-001609 ADU R 1 10/12/2022 1 053-391-022-000 584 W Vine St 22-000662 SFD O 0 4/11/2022 0 054-420-002-000 1831 S Dogwood
Ave 22-000631 SFD O 0 4/6/2022 0
054-420-014-000 1845 S Dogwood
St 22-000632 SFD O 0 4/6/2022 0
053-612-010-000 1605 Aurora Dr 22-001062 ADU R 1 6/29/2022 1 054-552-001-000 1219 Manuel A
Ortiz Ave 22-002070 ADU R 1 12/1/2022 1
052-642-002-000 2271 Elm Ave #2 22-002069 ADU R 1 12/2/2022 1 053-032-007-000 737 Park Ave 22-001397 ADU R 1 9/22/2022 1 053-433-018-000 1260 Sandalwood
Dr #2 22-002242 ADU R 1 12/15/2022 1
054-464-055-000 282 Ocotillo Dr #2 22-001086 ADU R 1 7/6/2022 1 064-480-005-000 1254 N 18th St 22-001715 MH R 1 10/13/2022 1 044-363-003-000 881 Woodward
Ave 22-001688 SFD O 1 11/14/2022 1
052-731-064-000 2900 Lenrey Ct #2 22-001804 ADU R 1 11/9/2022 1 052-070-008-000 1999 W Main St 22-001567 ADU R 1 9/21/2022 1 052-070-008-000 1997 W Main St 22-001560 ADU R 1 9/21/2022 1 052-070-008-000 1993 W Main St 22-001561 ADU R 1 9/21/2022 1 054-521-010-000 352 Willow Bend
Dr #3 22-001229 ADU R 1 3/7/2022 1
1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement
10.a
Packet Pg. 162 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
0 4 0 31 0 3 0 38
053-455-016 644 Sandalwood JADU 1 1/18/2022 1
044-312-045 857 Scott Ave Garage JADU 1 2/14/2022 1
053-581-003 525 Driftwood Detached ADU 1 2/15/2022 1
053-721-007 955 Aurora Drive Garage JADU 1 1/15/2022 1
053-230-005-000 233 E Olive #2 1 11/9/2022 1
053-235-016-000 114 W Brighton #2 1 5/9/2022 1
053-505-010-000 1481 Cypress Ave 1 9/13/2022 1
053-751-009-000 363 E Orange 1 10/13/2022 1
044-371-014-000 660 Woodward Ave 1 11/30/2022 1
053-432-013-000 1206 Lenrey Ave 1 6/29/2022 1
053-162-010-000 1415 W Olive Ave 1 8/2/2022 1
053-304-004-000 278 E Heil Ave 1 8/30/2022 1
053-391-010-000 523 W Hamilton
Ave 1 9/19/2022 1
053-342-007-000 737 W Heil Ave 1 11/2/2022 1
053-032-006-000 749 Park 1 9/15/2022 1
044-254-012-000 851 W El Dorado
Ave 1 6/10/2022 1
052-782-012-000 2371 W Main St #2 1 9/20/2022 1
052-454-025-000 1732 S 23rd St #2 1 5/26/2022 1
053-573-007-000 625 2 Smoketree 1 3/24/2022 1
052-335-033-000 2015 Cottonwood
Cir 1 8/2/2022 1
053-455-016-000 644 2 Sandalwood
Dr 1 2/9/2022 1
044-372-013-000 708 Euclid Ave 1 4/27/2022 1
053-602-008-000 1671 Desert
Gardens Dr #2 1 8/22/2022 1
053-662-025-000 2068 2 S 14th St 1 2/23/2022 1
052-609-001-000 997 21st St #2 1 10/12/2022 1
053-391-022-000 584 W Vine St 0 4/11/2022 0
054-420-002-000 1831 S Dogwood
Ave 0 4/6/2022 0
054-420-014-000 1845 S Dogwood St 0 4/6/2022 0
053-612-010-000 1605 Aurora Dr 1 6/29/2022 1
054-552-001-000 1219 Manuel A
Ortiz Ave 1 6/29/2022 1
052-642-002-000 2271 Elm Ave #2 1 12/1/2022 1
053-032-007-000 737 Park Ave 1 12/2/2022 1
7 Project Identifier Affordability by Household Incomes - Building Permits
10.a
Packet Pg. 163 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) 053-433-018-000 1260 Sandalwood
Dr #2
1 9/22/20221
054-464-055-000 282 Ocotillo Dr #21 12/15/20221
064-480-005-000 1254 N 18th St 1 7/6/20221
044-363-003-000 881 Woodward Ave 1 10/13/20221
052-731-064-000 2900 Lenrey Ct #2
1 11/14/20221
052-070-008-000 1999 W Main St 1 11/9/20221
052-070-008-000 1997 W Main St 1 9/21/20221
052-070-008-000 1993 W Main St 1 9/21/20221
054-521-010-000 352 Willow Bend Dr
#3
1 9/21/20221
10.a
Packet Pg. 164 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 6 0 0 0 6
053-455-016 644 Sandalwood JADU 0
044-312-045 857 Scott Ave Garage JADU 0
053-581-003 525 Driftwood Detached ADU 0
053-721-007 955 Aurora Drive Garage JADU 0
053-230-005-000 233 E Olive #2 0
053-235-016-000 114 W Brighton #2 0
053-505-010-000 1481 Cypress Ave 0
053-751-009-000 363 E Orange 0
044-371-014-000 660 Woodward Ave 0
053-432-013-000 1206 Lenrey Ave 0
053-162-010-000 1415 W Olive Ave 0
053-304-004-000 278 E Heil Ave 0
053-391-010-000 523 W Hamilton
Ave 0
053-342-007-000 737 W Heil Ave 0
053-032-006-000 749 Park 0
044-254-012-000 851 W El Dorado
Ave 0
052-782-012-000 2371 W Main St #2 0
052-454-025-000 1732 S 23rd St #2 0
053-573-007-000 625 2 Smoketree 1 6/29/2022 1
052-335-033-000 2015 Cottonwood
Cir 1 8/30/2022 1
053-455-016-000 644 2 Sandalwood
Dr 1 6/10/2022 1
044-372-013-000 708 Euclid Ave 1 6/29/2022 1
053-602-008-000 1671 Desert
Gardens Dr #2 1 12/5/2022 1
053-662-025-000 2068 2 S 14th St 1 6/29/2022 1
052-609-001-000 997 21st St #2 0
053-391-022-000 584 W Vine St 0
054-420-002-000 1831 S Dogwood
Ave 0
054-420-014-000 1845 S Dogwood
St 0
053-612-010-000 1605 Aurora Dr 0
054-552-001-000 1219 Manuel A
Ortiz Ave 0
052-642-002-000 2271 Elm Ave #2 0
053-032-007-000 737 Park Ave 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
10.a
Packet Pg. 165 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) 053-433-018-000 1260 Sandalwood
Dr #2
0 054-464-055-000 282 Ocotillo Dr #20
064-480-005-000 1254 N 18th St 0
044-363-003-000 881 Woodward Ave 0
052-731-064-000 2900 Lenrey Ct #20
052-070-008-000 1999 W Main St 0
052-070-008-000 1997 W Main St 0
052-070-008-000 1993 W Main St 0
054-521-010-000 352 Willow Bend Dr
#3
0 10.a
Packet Pg. 166 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0 0
053-455-016 644 Sandalwood JADU 0 N Y Affordability Calculator 044-312-045 857 Scott Ave Garage JADU 0 N Y Affordability Calculator 053-581-003 525 Driftwood Detached ADU 0 N Y Affordability Calculator 053-721-007 955 Aurora Drive Garage JADU 0 N Y Affordability Calculator 053-230-005-000 233 E Olive #2 0 n Y Proposed Rent or Sale 053-235-016-000 114 W Brighton #2 n Y Proposed Rent or Sale 053-505-010-000 1481 Cypress Ave n Y Proposed Rent or Sale 053-751-009-000 363 E Orange n Y Proposed Rent or Sale
044-371-014-000 660 Woodward Ave n Y Proposed Rent or Sale 053-432-013-000 1206 Lenrey Ave n Y Proposed Rent or Sale 053-162-010-000 1415 W Olive Ave n Y Proposed Rent or Sale 053-304-004-000 278 E Heil Ave n Y Proposed Rent or Sale 053-391-010-000 523 W Hamilton
Ave n Y Proposed Rent or Sale
053-342-007-000 737 W Heil Ave N Y Proposed Rent or Sale 053-032-006-000 749 Park N Y Proposed Rent or Sale
044-254-012-000 851 W El Dorado
Ave N Y Proposed Rent or Sale
052-782-012-000 2371 W Main St #2 N Y Proposed Rent or Sale 052-454-025-000 1732 S 23rd St #2 N Y Proposed Rent or Sale 053-573-007-000 625 2 Smoketree N Y Proposed Rent or Sale 052-335-033-000 2015 Cottonwood
Cir N Y Proposed Rent or Sale
053-455-016-000 644 2 Sandalwood
Dr N Y Proposed Rent or Sale
044-372-013-000 708 Euclid Ave N Y Proposed Rent or Sale 053-602-008-000 1671 Desert
Gardens Dr #2 N Y Proposed Rent or Sale
053-662-025-000 2068 2 S 14th St N Y Proposed Rent or Sale 052-609-001-000 997 21st St #2 N Y Proposed Rent or Sale 053-391-022-000 584 W Vine St 0 N Y Proposed Rent or Sale 054-420-002-000 1831 S Dogwood
Ave 0 N Y Proposed Rent or Sale
054-420-014-000 1845 S Dogwood
St 0 N Y Proposed Rent or Sale
053-612-010-000 1605 Aurora Dr N Y Proposed Rent or Sale 054-552-001-000 1219 Manuel A
Ortiz Ave N Proposed Rent or Sale
052-642-002-000 2271 Elm Ave #2 N Proposed Rent or Sale 053-032-007-000 737 Park Ave N Proposed Rent or Sale
053-433-018-000 1260 Sandalwood
Dr #2 N Proposed Rent or Sale
054-464-055-000 282 Ocotillo Dr #2 N Proposed Rent or Sale 064-480-005-000 1254 N 18th St N Proposed Rent or Sale
044-363-003-000 881 Woodward Ave N Proposed Rent or Sale 052-731-064-000 2900 Lenrey Ct #2 N Proposed Rent or Sale 052-070-008-000 1999 W Main St N Proposed Rent or Sale
052-070-008-000 1997 W Main St N Proposed Rent or Sale
052-070-008-000 1993 W Main St N Proposed Rent or Sale
054-521-010-000 352 Willow Bend
Dr #3 N Proposed Rent or Sale
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus
10.a
Packet Pg. 167 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Jurisdiction El Centro ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - 24 - - - - - - - -
Non-Deed Restricted 3 5 4 - - - - - - -
Deed Restricted - 24 - - - - - - - -
Non-Deed Restricted 6 3 31 - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 4 5 3 - - - - - - -
Above Moderate 1,489 4 1 - - - - - - - - 5 1,484
3,442
17 62 38 - - - - - - - 117 3,325
5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date
Total Units
Remaining
501 - - - - - - - - - - 501
426
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
450
36 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
12 Moderate
1,001
490
462
Please contact HCD if your data is different than the material supplied here 64 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
965
10.a
Packet Pg. 168 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Jurisdiction El Centro
Reporting Year 2022 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1 Adequate Sites for
RHNA
Update the Zoning Ordinance to
address the replacement requirements,
implement the MU-1 and MU-2 Overlay
designations of the Land Use Element,
Maintain and monitor the residential
sites inventory to ensure adequate
sites remain to accommodate the RHNA
throughout the RHNA period, Provide
sites inventory information online and
update at least annually.
October 15, 2024 In Progress
2. Monitor Residential
Capacity (SB166 No Net
Loss)
Develop and implement a formal
evaluation procedure pursuant to
Government Code Section 65863
2022 In Progress
3. By-Right Approval of
Projects with 20 Percent
Affordable (AB1397)
Develop and implement a formal
evaluation procedure pursuant to
Government Code Section 65863
2022 In Progress
4. Accessory Dwelling
Units
Amend the Zoning Ordinance to, clarify
the definition of ADUs, establish
parking standards in consistent with
State law, ensure regulations for singlefamily dwellings conform to State law allowing ADU's and Jr. ADU's. By 2023
develop incentives to facilitate ADU
Production, and Facilitate the
construction of 40 ADU's over eight
years.
2023
The Zoning Ordinance was amended by 2022. In the 2022 there were 31 ADU or JADU's constructed. We are still working on developing incentives to facilitate ADU production.
5. Facilitate Affordable
and Special Needs
Housing Production
Encourage and facilitate affordable
and special needs housing by
collaborating with Affordable and
Special Needs Housing Devleopers.
Ongoing Ongoing
6. First-Time Homebuyer
Program
Maintain contact information for
affordable housing developers special
needs service providers for the
purposes of soliciting their
involvement in development projects in
El Centro. Provide links to CalHFA
programs on City website by the end of
2022 and annually pursue available
funding programs to deliver
homebuyer assistance.
2022 Ongoing
7. Zoning Code
Amendments
Annually, the City will contact local and
regional affordable housing
developers, especially those that focus
on housing for the disabled, seniors,
and farmworker households to explore
opportunities for affordable housing.
2022 Completed
8. Water and Sewer
Service Priority for
Affordable Housing
Develop and establish a formal
procedure to grant water and sewer
priority to developments with units
affordable to lower-income households
within one year of adoption of the 2021-
2029 Housing Element.
1 year In Progress
9. Coordination with
Social Sercvices
Agencies
Continue to evaluate on an annual
basis allocation of CDBG funds to
social service agencies to benefit El
Centro residents, and attempt to assist
250 special needs and lower income
residents annually.
Ongoing Ongoing
10. Rental Assistance
Continue to contract with the IVHA to
administer the Housing Choice
Vouchers Program and assist an
average of approximately 900 extremely
low and very low income households
annually during the planning period,
promote the Housing Choice Vouchers
program on City website, partner with
its fair housing service provider to
educate the community on the new
source of income protection.
Ongoing Ongoing
11. Conservation of
Existing and Future
Affordable Units
Monitor Units at Risk, Work with
Potential Purchasers, Tenant
Education, and Assist Tenants of
Existing Rent Restricted Units to
Obtain Section 8 Voucher Assistance.
Annually Ongoing
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
10.a
Packet Pg. 169 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Jurisdiction El Centro
Reporting Year 2022 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
12. Housing
Rehebilitation Loan
Program
Assist two low income homeowners
annually with rehabilitation loans, one
low income homeowner annually with
lead-based paint reduction, one low
income homeowner annually with
asbestos testing and removal, and
annually pursue other funding sources
(e.g., CalHome) to expand housing
rehabilitation assistance.
Annually Ongoing
13. Code Enforcement
Continue to implement the applicable
sections of the El Centro Municipal
Code.
Inform eligible owners about the City’s
Home Improvement Loan Program,
Conduct code enforcement on 150
units annually, Adopt the most recent
version of the California Building Code
by 2022 and update every three years
according to the State Building Code
update schedule.
Ongoing Ongoing
14. Fair Housing Services
Complete meaningful actions noted in
Table 50 of page 106 to affirmatively
futher fair housing issues. Contributing
factors identified includes: Insufficient
Fair Housing Testing and Limited
Outreach Capacily, Patterns of
concentration as well as disparate
access to opportunities/ resources for
communities in the
Center of the City, and Communities
with disproportionate housing needs,
like cost burdens, overcrowding, and
substandard housing conditions, are
concentrated in the census tracts in the
center of the City.
2022 Completed
General Comments
10.a
Packet Pg. 170 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Jurisdiction El Centro
Reporting Year 2022 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
10.a
Packet Pg. 171 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Jurisdiction El Centro
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 4
Deed Restricted 0
Non-Deed Restricted 31
Deed Restricted 0
Non-Deed Restricted 3
0 38
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 2 2 0
2 to 4 0 0 0
5+ 0 0 0
ADU 31 35 6
MH 1 1 0
Total 34 38 6
78 601
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 00
Low 0 00
Moderate 0 00
Above Moderate 0 00
Total 0 00
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
10.a
Packet Pg. 172 Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Report) Jurisdiction El Centro
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Housing Element Project
Administration $8,720.00 $0.00 Other
Housing Element Needs and Site
Assessment $15,140.00 $0.00 Other
Housing Element Update and
Environmental $46,140.00 $0.00 None
Draft Development and Zoning
Code Changes $10,000.00 $0.00 Other
General Plan Public Review EIR $62,000.00 $0.00 Other
General Plan Final EIR $8,000.00 $0.00 Other
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ 150,000.00
Task Status
CompletedCompletedCompletedCompletedCompleted
10.a
Packet Pg. 173
Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 31Deed Restricted 0Non-Deed Restricted 3 0 34
Current Year
Deed Restricted 0Non-Deed Restricted 4Deed Restricted 0Non-Deed Restricted 31Deed Restricted 0Non-Deed Restricted 3 0 38
Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 6Deed Restricted 0Non-Deed Restricted 0 0 Total Units 6
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
10.a
Packet Pg. 174
Attachment: Exhibit A-APR Housing Element 2022 (5817 : Acceptance of 2022 Housing Element Annual City Council of the City of El Centro Meeting: 03/21/23 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).
11 Packet Pg. 175
Action Item (ID # 5871) Meeting of March 21, 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].
11 Packet Pg. 176
Action Item (ID # 5871) Meeting of March 21, 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 HISTORY:
03/07/23 City Council CONTINUED
ATTACHMENTS:
• RESOLUTION NO. 23- STATE BALLOT INITIATIVE NO. 21-0042A1 (DOCX) 11 Packet Pg. 177
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].
11.a
Packet Pg. 178 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
11.a
Packet Pg. 179 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: 03/21/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Legislative Bills
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 5883) DOC ID: 5883
Letter of Support - Senate Bill 583 (Padilla) Salton Sea Conservancy
CITY MANAGER’S RECOMMENDATION:
Discussion and direction from City Council regarding the request for a letter of support DISCUSSION:
The Salton Sea, located in Riverside and Imperial Counties, is California's largest lake, and one of the most environmentally and economically disadvantaged regions in California. Before it was considered a resort destination. Now, the Sea is an ecological and public health crisis because it is highly saline (50% saltier than the Pacific Ocean) and gradually shrinking. This is because the Sea is a terminal lake with no outlet into the ocean, it has no natural inflows, and the only way water can depart is through evaporation, leaving behind dust, salt, and other particles. The lakebed is filled with toxins, such as lead, DDT (dichloro-diphenyl-trichloroethane), and chromium.
By creating a Salton Sea Conservancy, California can expedite the construction of new habitat and dust suppression projects, while centering the needs of local communities.
It represents the first steps in conservations with the local community. Through this process, we can ensure the state is meeting its commitment to the Sea and the people of the region. This bill will state the intent of the legislature to enact subsequent legislation to establish the Salton Sea Conservancy within the Natural Resources Agency to undertake various activities related to the Salton Sea region.
CONCLUSION:
Provide direction to staff
ATTACHMENTS:
• Letter of Support SB 583 Salton Sea (DOCX)
12 Packet Pg. 180
March 16, 2023
The Honorable Steve Padilla
1021 O Street, Suite 6640
Sacramento, CA 95814
RE: Senate Bill 583 (Padilla): Salton Sea Conservancy
Dear Senator Padilla,
On behalf of the City of El Centro, I am pleased to offer our strong support of SB 583, which would establish the Salton Sea Conservancy within the California Natural Resources Agency.
The Salton Sea is one of the most environmentally and economically disadvantaged regions in California. Once a popular tourist destination, the Salton Sea is now an environmental catastrophe with a salinity level 60% higher than seawater. Few fish species can survive which has greatly reduced the bird population. The sea evaporating has also exposed the lakebed which contains toxic elements including arsenic which become airborne and pollute the environment. The Salton Sea is in dire need of management and environmental solutions which have damaged the local wildlife and residents’ health.
The ecological decline of the Sea has grown exponentially, and with it, so have the negative impacts on the surrounding communities. These include air quality concerns for residents in a region suffering from the highest childhood asthma hospitalization rate in the state. Funding and implementation have presented challenges, and questions remain about the long-term strategy around the Sea. By creating a Salton Sea Conservancy, California can expedite the construction of new habitat and dust suppression projects while centering the needs of local communities.
For these reasons, SB 583 (Padilla) would further the City of El Centro’s goal of creating and implementing effective policies that have a direct impact on our community’s health which in turn will decrease the significant negative impacts of the decline of the Salton Sea, and we are proud to support SB 583 (Padilla)/and encourage your “aye” vote when it is heard in your committee.
Best regards,
Martha Cardenas-Singh
Mayor
City of El Centro
12.a
Packet Pg. 181 Attachment: Letter of Support SB 583 Salton Sea (5883 : Letter of Support - Senate Bill 583 (Padilla) Salton Sea Conservancy) City Council of the City of El Centro Meeting: 03/21/23 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 # 5886) DOC ID: 5886
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. 13 Packet Pg. 182
City Council of the City of El Centro Meeting: 03/21/23 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 # 5885) DOC ID: 5885
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. Pending encroachment permit approval from Caltrans to proceed with the final course of asphalt.
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. 14 Packet Pg. 183