Agenda packet — El Centro City Council, October 3, 2023

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, OCTOBER 3, 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 October 3, 2023.

COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.

To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.

Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.

Mayor & Council Members may be reached at (760) 336-8989 Mayor: Martha Cardenas-Singh 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 October 3, 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) - one case. City of El Centro v. LAFCO.

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 and giving instruction to the City's negotiators (the City Manager, the Human Resources Director and consultant Patrick Clark) for the following: Police Officers Association re-opener longevity clause, the Water Group pursuant to the total compensation study results.

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. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * 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
Agenda City Council of the City of El Centro October 3, 2023 City of El Centro Page 3

ALL TIMES ARE APPROXIMATE AND MAY VARY
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 PUBLIC COMMENTS:
6:15-6:40 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Proclamation - Domestic Violence Awareness Month October 2023

2. Proclamation - National Fire Prevention Week

3. National Community Planning Month

4. Code Enforcement Officer Appreciation Week
6:40-6:45 SCHEDULED PUBLIC COMMENTS:

5. Quarterly Report by IV Regional Chamber of Commerce
6:45-6:50 CONSENT AGENDA:

6. Approval of City Council Minutes of August 15, 2023, August 25, 2023 (Special Meeting), September 12, 2023 and September 19, 2023.

7. Approve the execution of contract change order 5 in the amount of $334,506.00 and approve a revised budget for the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project.
6:50-7:50 NEW BUSINESS:

8. Community Sponsorship - MANA de Imperial Valley
PRESENTATION:

RECOMMENDATION:

Discussion and any necessary action regarding the requested sponsorship from MANA de Imperial Valley.

Agenda City Council of the City of El Centro October 3, 2023 City of El Centro Page 4

9. Community Sponsorship Request - WomanHaven, A Center for Family Solutions
PRESENTATION:

RECOMMENDATION:

Discussion and any necessary action regarding the requested sponsorship from WomanHaven.

10. Chief Mechanic Reclassification.

PRESENTATION: Dulce Bedolla, Human Resources Director
RECOMMENDATION:

Approve the reclassification of the Chief Mechanic position to grade G13.

11. CalPERS Contract Amendment- Uncodified Ordinance
PRESENTATION: Dulce Bedolla, Human Resources Director
RECOMMENDATION:

Introduce Ordinance No. 23- , ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO AUTHORIZING AN AMENDMENT TO THE CONTRACT

BETWEEN THE CITY COUNCIL OF THE CITY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, waive reading and approve as a first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

12. Approval of Agreement for Acquisition of Real Property located at 363 Brighton Avenue
PRESENTATION: Abraham Campos, Public Works Director/City Engineer RECOMMENDATION:

1. Staff request Council approve the purchase in the amount of $75,000 and allow a $5,000 contingency for documentation and escrow purposes.

2. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY WITH NORMA VILLICANA AND NORMA M. VILLICANA Agenda City Council of the City of El Centro October 3, 2023 City of El Centro Page 5

13. Approval of Agreement for Acquisition of Real Property located at 317 Brighton Ave.

PRESENTATION: Abraham Campos, Public Works Director/City Engineer RECOMMENDATION:

1. Staff request Council approve the purchase in the amount of $75,000 and allow a $5,000 contingency for documentation and escrow purposes.

2. Adopt Resolution 23- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY WITH NORMA M. VILLICANA

14. 2023 Streets Overlay Project Revised Budget for the Maintenance Hole Rehabilitation and Scott Ave. Curb Ramp
PRESENTATION: Abraham Campos, Public Works Director/City Engineer RECOMMENDATION:

Approve a revised project budget for the 2023 Streets Overlay Project

15. Discussion regarding amending Chapter 4, Article III of the Code of Ordinances related to the regulation of Cardrooms
PRESENTATION: Angel Hernandez, Director of Community Development RECOMMENDATION:

Provide staff direction on proposed amendments to the regulation of Cardrooms as presented.

16. Discussion and any necessary action regarding appointment to the Planning Commission to fill two scheduled vacancies with terms ending October 3, 2027.

PRESENTATION: Martha Cardenas-Singh, Mayor
RECOMMENDATION:

Mayor's Recommendation: Appointment to the Planning Commission to fill two scheduled vacancies with term ending October 3, 2027.

17. Discussion and any necessary regarding the appointment of voting delegate and alternate for National League of Cities (NLC) Annual Business Meeting at the conclusion of the City Summit in Atlanta, Georgia on November 15-18, 2023.

PRESENTATION: Martha Cardenas-Singh, Mayor
RECOMMENDATION:

Mayor's Recommendation: Appointment of voting delegate and alternate.

Agenda City Council of the City of El Centro October 3, 2023 City of El Centro Page 6
LEGISLATIVE ACTION:

INFORMATIONAL ITEM:

18. Imperial and Villa local emergency update
7:50-8:30 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
8:30-8:40 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: 10/03/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Proclamation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Martha Cardenas-Singh
PRESENTATION (ID # 6134) DOC ID: 6134
Proclamation - Domestic Violence Awareness Month October 2023
1 Packet Pg. 7
City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Proclamation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Martha Cardenas-Singh
PRESENTATION (ID # 6102) DOC ID: 6102
Proclamation - National Fire Prevention Week
2 Packet Pg. 8
City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Proclamation
Prepared By: Angel Hernandez
SCHEDULED Department Head: Martha Cardenas-Singh
PRESENTATION (ID # 6053) DOC ID: 6053
National Community Planning Month
3 Packet Pg. 9
City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Proclamation
Prepared By: Angel Hernandez
SCHEDULED Department Head: Martha Cardenas-Singh
PRESENTATION (ID # 6052) DOC ID: 6052
Code Enforcement Officer Apprecriation Week
4 Packet Pg. 10
City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6078) DOC ID: 6078
Quarterly Report by IV Regional Chamber of Commerce
5 Packet Pg. 11
City Council of the City of El Centro Meeting: 10/03/23 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 # 6146) DOC ID: 6146
Approval of City Council Minutes of August 15, 2023, August 25, 2023 (Special Meeting), September 12, 2023 and
September 19, 2023.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of August 15, 2023, August 25, 2023 (Special Meeting), September 12, 2023 and September 19, 2023.

ATTACHMENTS:
• 8-15-2023 Regular CC Minutes (DOCX)
• 8-25-2023 Special Meeting CC Minutes (DOCX)
• 9-12-2023 Regular CC Minutes (DOCX)
• 9-19-2023 Cancelled CC Minutes (DOCX)
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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, AUGUST 15, 2023 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, August 15, 2023 at 11:35 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, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Garcia

CLOSED SESSION PUBLIC COMMENT
None

CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Oliva, to adjourn into closed session for:

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 pursuant to Govt. Code Section 54956.9(d)(2) or that the City will initiate litigation pursuant to Govt.

Code Section 54956.9(d)(4).

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, police commanders and finance manager. Any compensation increases will be presented for a vote in open session.

REAL PROPERTY NEGOTIATION:

The City Council will recess to closed session pursuant to Govt. Code Section 54956.8 to give instructions to the City's negotiator, Cedric Cesena, City Manager, regarding negotiations with the Imperial County Office of Education, which instructions concern price, terms of payment or both, including use restrictions, development obligations and other monetary consideration, concerning the purchase, sale, exchange and/or lease o that portion of the property known as the former City library location on Parcel 2 of Valley Center Plaza.

EXISTING LITIGATION
The City Council will recess to closed session to consider existing matters in the Maruti v. City of El Centro, ECU0016 eminent domain case.

ADDED ITEMS TO CLOSED SESSION
Moved by Oliva, second by Carter to add one item to closed session:

EXISTING LITIGATION:

Seaman vs. City of El Centro

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Motion unanimously carried. (Council Member Garcia absent) Closed Session concluded at 1:00 p.m.

City Council recessed to 6:00 p.m.

OPEN SESSION
The El Centro City Council met in a joint regular session on Tuesday, August, 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 Mrs. Oliva and Invocation was given by Council Member Carter.

CITY ATTORNEY REPORT ON CLOSED SESSION
During closed session the City Council discussed compensation for variety of positions within the City, including one on the agenda tonight, for the library director. We discussed lawsuit settlement and the name of the case is Maruti (eminent domain case) v. City of El Centro.

PUBLIC COMMENTS
Public comments were made by Tony Ramos and Marci Morales.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Senior Appreciation Day – August 21, 2023 – Presented by Adriana Nava, Director of Community Services and Leah Arellano, Adult Coordinator.

2. Recognition of City of El Centro Board Members for Library & Community Services Board, Friends of El Centro Community Services Foundation and Planning Commission.

3. Certificate of Appreciation presented to Anne Irigoyen, past president of IV Chamber of Commerce.

4. Certificate of Recognition to Valley All Stars Basketball Team, received by Coach Michael Estrada.

5. Certificate of Recognition to El Centro Dance Groups, We Don’t Play and Pink Spice, received by Brianna Estrada and Melissa Leon, dance instructors.

SCHEDULED PUBLIC COMMENTS

6. Introduction of New IV Regional Chamber of Commerce President – Sherry Cowie

CONSENT AGENDA
Moved by Garcia, second by Marroquin, approving consent items #7 – 12.

7. Approved Warrant Registers for the Month of July 2023.

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8. Approval of Payroll Registers for the Month of July 2023.

9. Approval of Treasurer’s Report for the Month of July 2023.

10. 2
nd Reading and Adoption of Ordinance No. 23-04, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING CHAPTER 22.1 OF THE CODE OF THE CITY OF EL

CENTRO REGARDING TEMPORARY NON-COMMERCIAL SIGNAGE, MURAL, AND DISPLAY WINDOW SIGNS, waive reading and adopt by title only.

11. Adoption of Resolution No. 23-78, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A CONSULTING AGREEMENT WITH DYNAMIC CONSULTING ENGINEERS, INC. FOR JACARANDA OFFSITE IMPROVEMENTS PROJECT.

12. Adoption of Resolution No. 23-79, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AN AGREEMENT BETWEEN IMPERIAL COUNTY CHILDREN AND

FAMILIES FIRST COMMISSION FOR WATER SAFETY AND PEDIATRIC FIRST AID FOR STEPPING STONES PROGRAM PARTICIPANTS.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

PUBLIC HEARING

13. This was the date and time set for a public hearing for discussion and related action regarding naming of Dog Park, to be located at 670 Park Avenue to “Heald Family’s El Centro Dog Park”. Presentation by Adriana Nava, Community Services Director. Mayor Cardenas-Singh opened the public hearing and asked if anyone wished speak on this item. Mr. Heald spoke regarding his contribution for the park and how El Centro and dog lovers will enjoy using the park. The mayor closed the hearing and brought it back to Council. Council Member Oliva commented that he was against naming the dog park after Phil & Elise Heald just because they donated money to build the park.

Moved by Garcia, no second was received, motion failed.

Our City Attorney, Ms. Martyn, suggested to bring this item back in December, once the park is completed. Ms. Nava will bring the item back to Council once she receives recommendations from the Library and Community Services board.

Comments were received by Ms. Adriana Garcia-Ruiz. She commented that Mr. & Mrs. Heald have donated money to Heber for various activities. She wanted to make a statement that their contributions are recognized and they donate throughout the valley.

NEW BUSINESS

14. Moved by Garcia, second by Carter, approved community sponsorship from El Centro Police Explorer Program Post 1908 in the amount of $1,908.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

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15. Moved by Cardenas-Singh, second by Marroquin, approved community sponsorship for Proyecto Heber in the amount of $500.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

16. Moved by Garcia, second by Oliva, approved community sponsorship for the Imperial 9/11 Stair Climb Committee in the amount of $911.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

17. Moved by Marroquin, second by Garcia, adoption of Resolution No. 23-80, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF LIBRARY DIRECTOR.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

18. Motion by Marroquin, second by Oliva, adopting Resolution No. 23-81, RESOLUTION OF

INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL CENTRO.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

19. Moved by Carter, second by Oliva, adopting Resolution No. 23-82, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT BETWEEN THE

CITY AND COMITE CIVICO FOR FOUR ELECTRIC CHARGING STATIONS ATT HE EL CENTRO LIBRARY.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None

20. Moved by Marroquin, second by Cardenas-Singh, adopting Resolution No. 23-83, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 00000A200 TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR DEPARTMENT OF TRANSPORTATION.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None

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21. Moved by Cardenas-Singh, second by Marroquin, adopted Resolution No. 23-84, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO ORDERING THE VACATION OF A PORTION OF PUBLIC UTILITYEASEMENT PARTIALLY LOCATED ON PARCEL 3 OF PARCEL MAP NO. 54-050-025, ADJACENT TO THE ABANDONED JACKSON COURT IN THE CITY OF EL CENTRO.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None

22. Presentation by Council Member Edgard Garcia, approve a yearly commitment of Measure P funding in the amount of $45,000 for youth sports programs.

Moved by Garcia, second by Oliva, approval of a yearly commitment of Measure P funding commitment request for youth sports programs. Mayor Cardenas-Singh asked that 1) a criteria be developed for next year so other non-profits to be able to apply and 2) that we have a process of the accountability of the funds and where they went as far as reporting back to City Council. Council Member Oliva and Mayor Pro-Tem Marroquin made comments on these items. Mayor CardenasSingh also suggested that a committee be formed for selection of future recipients of this funding.

Comments were received by Rosendo Garcia and El Centro Police Chief Sawyer.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None

23. Moved by Marroquin, and second by Garcia, appointment of voting delegate, Council Member Tomás Oliva and alternate, Council Member Sonia Carter, for the League of California Cities Annual Conference and Expo to be held September 20-22, 2023 in Sacramento, CA.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None

LEGISLATIVE ACTION
None
INFORMATIONAL ITEMS:

24. Imperial and Villa local emergency update.

25. Received and referred to Community Development Department, Application for Alcoholic Beverage License – AXIS-MSO LLC Jackson 6844, 760 Imperial Hwy, El Centro, CA 92243-1736.

26. Received and referred to Community Development Department, Application for Alcoholic Beverage License – ECE Entertainment, LLC Chuck E. Cheese’s, 803 Danenberg Dr., El Centro, CA 92243- 5806.

27. Received and filed notification of Southern California Gas Company notification of Request of Compensation through the Gas Cost Incentive Mechanism.

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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 the meeting was adjourned at 8:32 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

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SPECIAL MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
FRIDAY, AUGUST 25, 2023, 12:00 P.M.

OPEN SESSION
The El Centro City Council met in a special meeting on Friday, August 25, 2023 at 12:03 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.

PUBLIC COMMENTS
No public comments were received.

NEW BUSINESS

1. Presentation by City Manager Cedric Ceseña, ratification of Local Emergency Proclamation.

Moved by Oliva, second by Garcia, adoption of Resolution No. 23-85, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO RATIFYING THE PROCLAMATION OF THE

EXISTENCE OF A LOCAL EMERGENCY BY THE DIRECTOR OF EMERGENCY SERVICES

FOR TROPICAL CYCLONE HILARY IN THE CITY OF EL CENTRO
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
MOTION TO GO INTO CLOSED SESSION:

Moved by Marroquin, second by Oliva to go into closed session at 12:08 p.m.

CLOSED SESSION PUBLIC COMMENT:

No comments were received.

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 by the City litigation pursuant to Govt. Code Section 54956.9(d)(4) - 1 case against LAFCO and Pioneers Memorial Hospital District for withholding public records needed for the AB 918 feasibility study.

EXISTING LITIGATION
The City Council will recess to closed session to consider existing matters in the City of El Centro v. LAFCO case.

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action.

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Attachment: 8-25-2023 Special Meeting CC Minutes (6146 : Approval of City Council Minutes) Book 37

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ADJOURNMENT
With no further business to come before City Council, Mayor Cardenas-Singh adjourned the meeting 1:20 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, SEPTEMBER 12, 2023 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, September 12, 2023 at 11:32 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, Oliva, Marroquin, Garcia
City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Cardenas-Singh, arrived at 11:37 a.m.

CLOSED SESSION PUBLIC COMMENT
None

CITY COUNCIL CLOSED SESSION
Moved by Oliva, second by Carter, to adjourn into closed session for:

EXISTING LITIGATION
The City Council will recess to closed session to consider existing matters in City of El Centro v. LAFCO.

LABOR NEGOTIATION:

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 for the Police Commander position and regarding the POA longevity clause, and compensation for the Public Works Department Chief Mechanic position.

Motion unanimously carried. (Mayor Cardenas-Singh arrived at 11:37 a.m.) Closed Session concluded at 1:45 p.m.

City Council recessed to 6:00 p.m.

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OPEN SESSION
The El Centro City Council met in a joint regular session on Tuesday, September 12, 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 Wyatt from El Centro Elementary School District and Invocation was given by John Cabrera from ICOE, Project Lead for AmeriCorps program.

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session. However, item 8 on the consent agenda is being continued to the October 3, 2023 meeting.

PUBLIC COMMENTS
Public comment was received by Michael Mattia, owner of Jersey’s Mikes.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Proclamation for Disability and Employment Awareness in October received by Karina Leon, Program Manager.

2. Proclamation for Childhood Cancer Awareness month in October 2023, (Cancer Resource Center of the Desert), received by Helen Palomino, CEO.

3. Certificate of Recognition to AmeriCorps in the month of September 2023, received by Miriam Bell, Student Well Being Director and John Cabrera, AmeriCorps Lead.

4. Presentation of the Explorer POST #1908 – Marine Corps Devil Pup Program presented to Sergeant Chilpa and Officer Bernal.

5. Certificate of Recognition of National Information Technology Professionals Day – September 26, 2023, received by Dulce Bedolla, Human Resource Director.

6. Certificate of Recognition of National Information Technology Professionals Day – September 19, 2023, received by Miguel Felix, Information Technology Administrator.

CONSENT AGENDA
Moved by Marroquin, second by Cardenas-Singh, approving consent items #7, 9 – 12.

7. Approved City Council Minutes for July 4, 2023, July 18, 2023, July 24, 2023 (Special Meeting), August 1, 2023, August 1, 2023 (Special Meeting).

8. * Item Pulled by Council Member Oliva, to continue on our next City Council meeting of October 3, 2023.

9. Approved the Request for Proposals for Janitorial Maintenance for the Main Library and Library Branch.

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10. Approved plans and specifications for the LPPSB1L-5169 (056) Commercial Ave. Improvements Project and authorize staff to release for public bidding.

11. Approval of bid documents for the Buena Vista Park Project and authorize the Community Services Department to send project out to bid.

12. Adoption of Resolution No. 23-86, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AN AGREEMENT WITH THE EL CENTRO ELEMENTARY SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES.

13. Adoption of Resolution No. 23-87, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, APPROVING AN AGREEMENT WITH THE CENTRAL UNION HIGH SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

PUBLIC HEARING

14. This was the date and time set for a public hearing to solicit public input on the 2022-2023 Consolidated Annual Performance Evaluation Report (CAPER), approval of the CAPER, and authorization for staff to submit the CAPE to the U.S. Department of Housing and Urban Development (HUD). Presentation by Adriana Nava, Community Services Director.

Moved by Carter, second by Marroquin, adoption of Resolution No. 23-88, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 2022 AS PART OF THE END OF THE YEAR

REQUIREMENT REPORT PROVIDED TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE ENTITLEMENT GRANTEE PROGRAM.

NEW BUSINESS

15. Moved by Marroquin, second by Carter, approval of reclassification of the Finance Manager position.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

16. Moved by Oliva, second by Garcia, approval of the 2023-2024 CDBG Entitlement Subrecipient Agreement.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

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17. Moved by Garcia, second by Oliva, adoption of Resolution No. 23-90, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING A CONSULTANT

AGREEMENT WITH MOSAIC COMMUNITY PLANNING TO CONDUCT AN ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

18. Moved by Garcia, second by Marroquin, adoption of Resolution No. 23-91, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE GOMEZ PARK DESIGN-BUILD PROJECT.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

19. Motion by Carter, second by Marroquin, appointment of Mayor Pro-Tem Sylvia Marroquin and Council Member Tomás Oliva as an alternate to serve on the Imperial Avenue Complete Streets Project Advisory Committee.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

20. Moved by Oliva, second by Garcia, approving the California State Library Zip Book Grant Award.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None

LEGISLATIVE ACTION
None
INFORMATIONAL ITEMS:

21. Imperial and Villa local emergency update.

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.

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ADJOURNMENT
With no further business the meeting was adjourned at 7:37 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, SEPTEMBER 19, 2023 11:30 A.M.

This being a regularly scheduled meeting date of the City Council of the City of El Centro, this date of September 19, 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, October 3, 2023 at 11:30 a.m. __________________________________
Norma Wyles, City Clerk
APPROVED BY:
__________________________
Martha Cardenas-Singh, Mayor

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Attachment: 9-19-2023 Cancelled CC Minutes (6146 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Change Order
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6138) DOC ID: 6138
Approval of Contract Change Order #5 to Dogwood Road
Improvements at Wake Ave. & Danenberg Drive project with Pyramid Construction and Aggregates Inc., authorizing
emergency work.

CITY MANAGER’S RECOMMENDATION:

Approve the execution of contract change order 5 in the amount of $334,506.00 and approve a revised budget for the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project.

FISCAL IMPACT:

No impact to the General Fund. This project is funded by road fair shares account, street impact fees and LTA for the Speed Hump item of the project.

Funding approved by council on November 1, 2022
Road Fair Shares Account $ 868,671.00
Speed Hump Account (205-3271-710106) $ 13,000.00
Street ImpactFees $360,185.60
Street Impact Fees (10% Contingency) $124,185.00
Original Total $1,366,041.60
Revised Funding approved by council on June 06, 2023
Road Fair Shares Account (408-3246-710106) $868,671.00
Speed Hump Account (205-3271-710106) $ 13,000.00
Street ImpactFees (234-3246-710106) $870,389.22
Street Impact Fees (234-3246-710106) (10% Contingency) $124,185.00 Total $1,876,245.22
Contract Change Order #3 will increase contract price $334,506.00. Staff requests the increase in contract price to be supplemented by the Waste Water Enterprise Fund.

Request
Road Fair Shares Account (408-3246-710106) $868,671.00
Speed Hump Account (205-3271-710106) $ 13,000.00
Street ImpactFees (234-3246-710106) $870,389.22
Street Impact Fees (234-3246-710106) (10% Contingency) $124,185.00 Waste Water Enterprise (502-9521-710106) $ 334,506.00
Total $2,210,751.22
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 - Environmental Sustainability & Infrastructure Action 2.8: Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts. 7 Packet Pg. 27
Action Item (ID # 6138) Meeting of October 3, 2023
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A, contractor is currently under contract and construction is on-going.

BACKGROUND:

On November 1, 2022, City Council awarded the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project contract to Pyramid Construction and Aggregates Inc. and authorized the budget as presented in the Fiscal Impact section of this report.

On January 11, 2023 Pyramid Construction and Aggregates Inc. was issued a Notice to Proceed.

On January 27, 2023 Pyramid Construction and Aggregates Inc. Began construction activities.

Construction of the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project is currently on-going.

DISCUSSION:

On June 9, 2023, during a routine sewer main inspection, a large void was discovered in a sewer inspection hole wall at the Imperial Avenue and Villa Avenue Intersection. A large void was discovered under the intersection on the other side of said hole. Staff placed traffic control measures in effect to protect the area from collapsing and producing additional damage.

On June 26,2023 City of El Centro City Council Adopted Resolution No. 23 - 66

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO

AUTHORIZING THE EMERGENCY REPAIRS OF A SEWER MAINTENANCE HOLE AT THE INTERSECTION OF VILLA AVENUE AND IMPERIAL AVENUE.

As part of the Emergency Repairs of the Sewer Maintenance Hole, bypassing operations were necessary to maintain city sewage service and make available the sewer maintenance hole to conduct necessary repairs to the maintenance hole and the void surrounding it.

The major sewer line to feed into the inspection hole is a 27" line that crosses under N.

Imperial Ave (SR-86) roadway. In order to maintain traffic flow on N. Imperial Avenue, city staff requested a proposal from Pyramid Construction and Aggregates, Inc. to install a sewer pipeline underneath N. Imperial Avenue in support of the required emergency sewer bypass operation.

City Staff found the proposal reasonable and directed Pyramid Construction to construct the bypass due to the emergency nature of the situation as a Change Order to their Dogwood Road Improvements at Wake Avenue and Danenberg Drive contract. 7 Packet Pg. 28
Action Item (ID # 6138) Meeting of October 3, 2023
CONCLUSION:

Approve the execution of contract change order 5 in the amount of $334,506.00 and approve a revised budget for the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project.

ATTACHMENTS:
• Contract Change Order 5(PDF)
7 Packet Pg. 29

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Attachment: Contract Change Order 5 (6138 : Contract Change Order #5 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.)

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Attachment: Contract Change Order 5 (6138 : Contract Change Order #5 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.)

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Attachment: Contract Change Order 5 (6138 : Contract Change Order #5 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.)

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Attachment: Contract Change Order 5 (6138 : Contract Change Order #5 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.)

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Attachment: Contract Change Order 5 (6138 : Contract Change Order #5 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.) City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Sponsorship
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 6151) DOC ID: 6151
Community Sponsorship - MANA de Imperial Valley
CITY MANAGER’S RECOMMENDATION:

Discussion and any necessary action regarding the requested sponsorship from MANA de Imperial Valley.

FISCAL IMPACT
Funding is available from the Community Sponsorship Fund 1201-610139. Available balance is $3,528.00

DISCUSSION
MANA de Imperial Valley is a non-profit purely volunteer organization and every year they work to raise funds for their annual scholarships. Las Primeras Gala is known throughout the Imperial County as a celebration for positive leadership in the Latino community. MANA de Imperial Valley is having their 2023 Las Primeras Awards Gala & Scholarship Fundraiser Event on Friday, October 13, 2023.

The sponsorship of MANA’s annual premier event will enable the organization to provide an opportunity where they can showcase the achievements of Latina's who serve the community with outstanding leadership and advocacy. The proceeds from ticket sales and sponsorships will be used to fund college scholarships in Imperial County and cultural programs for the youth.

The following are the sponsorship levels available,
Diamond Sponsor - $5,000
Platinum Sponsor - $3,000
Gold Sponsor - $1,500
Silver Sponsor - $1,000
Bronze Sponsor - $500
The City Manager's Office has reviewed the application and the requirements of the policy have been met. The Mayor Pro-Tem has reviewed the request and recommends that Council consider a sponsorship in the amount of $1,000.00.

CONCLUSION
Staff seeks direction on any necessary action regarding the requested cash sponsorship.

ATTACHMENTS:
• Application Packet (PDF)
• Sponsorship Packet (PDF)
8 Packet Pg. 35

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Attachment: Application Packet (6151 : Community Sponsorship Request - MANA de Imperial Valley)

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Attachment: Application Packet (6151 : Community Sponsorship Request - MANA de Imperial Valley)

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Attachment: Application Packet (6151 : Community Sponsorship Request - MANA de Imperial Valley)

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Attachment: Application Packet (6151 : Community Sponsorship Request - MANA de Imperial Valley)

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Attachment: Sponsorship Packet (6151 : Community Sponsorship Request - MANA de Imperial Valley)

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Attachment: Sponsorship Packet (6151 : Community Sponsorship Request - MANA de Imperial Valley)

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Attachment: Sponsorship Packet (6151 : Community Sponsorship Request - MANA de Imperial Valley)

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Attachment: Sponsorship Packet (6151 : Community Sponsorship Request - MANA de Imperial Valley) City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Sponsorship
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 6139) DOC ID: 6139
Community Sponsorship Request - Womanhaven, A Center
for Family Solutions
CITY MANAGER’S RECOMMENDATION:

Discussion and any necessary action regarding the requested sponsorship from Womanhaven.

FISCAL IMPACT:

Funding is available from the Community Sponsorship Fund 1201-610139. Available balance is $4,389.00.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Business license is current.

DISCUSSION:

Womanhaven, a non-profit organization, is celebrating their 2nd Annual Domestic Violence “Be a Hero for the Cause” event on Saturday, October 21, 2023. This event will be held at Imperial County Superior Court Grounds, 939 Main St, El Centro, from 10:00am to 1:00pm. This event is free to the public and aims to change how the community perceives interpersonal violence and creates a sense of empowerment. It will also offer the opportunity to receive useful information, not only from Womanhaven, but also other local organizations.

The following are the sponsorship levels available,
Empowerment - $1,500
The Fearless - $1,000
The Bravery - $750
Other Donation -?
The City Manager's Office has reviewed the application and the requirements of the policy statement have been met. The Mayor has reviewed the request and recommends that Council consider a sponsorship in the amount of $750.00 CONCLUSION:

Staff seeks direction on any necessary action regarding the requested cash sponsorship.

ATTACHMENTS:
• Sponsorship Packet_003(PDF)
• Application_001 (PDF)
9 Packet Pg. 44

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Attachment: Sponsorship Packet_003 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Sponsorship Packet_003 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Sponsorship Packet_003 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Sponsorship Packet_003 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Sponsorship Packet_003 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Sponsorship Packet_003 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Application_001 (6139 : Community Sponsorship Request - Womanhaven)

9.b
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Attachment: Application_001 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Application_001 (6139 : Community Sponsorship Request - Womanhaven)

9.b
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Attachment: Application_001 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Application_001 (6139 : Community Sponsorship Request - Womanhaven)

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Attachment: Application_001 (6139 : Community Sponsorship Request - Womanhaven) City Council of the City of El Centro Meeting: 10/03/23 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 # 6147) DOC ID: 6147
Chief Mechanic Reclassification.

CITY MANAGER’S RECOMMENDATION:

Approve the reclassification of the Chief Mechanic position to grade G13.

FISCAL IMPACT:

The fiscal impact to the General Fund will be $6,653 annually.

STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:

Goal #1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

The Chief Mechanic supervises the City's shop where the City's vehicle fleet is managed, including parks, public works, police and so forth and is integral to the city's operations.

DISCUSSION:

We conducted a comparative review of other Chief Mechanic positions in the region, with similar populations, demographics and cost of living to determine the proposed G13 grade for this position. The current grade of this position is G11.

CONCLUSION:

Approve the reclassification of the Chief Mechanic position. 10 Packet Pg. 57
City Council of the City of El Centro Meeting: 10/03/23 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 # 6150) DOC ID: 6150
CalPERS Contract Amendment- Uncodified Ordinance
CITY MANAGER’S RECOMMENDATION:

Introduce Ordinance No. 23, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE

CITY COUNCIL OF THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, waive reading and approve as a first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

FISCAL IMPACT:

N/A
STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:

Goal #1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

Pursuant to state law changes, CalPERS now allows for certain safety employees to share an additional 3% of the cost of retirement contributions, i.e.12% rather than 9% for classic members. During negotiations, this increased contribution was discussed and approved by vote of the POA on their MOU and the Fire MOU. This revision requires an amendment to the agreement between the Public Employees Retirement System (PERS) and the City. There is a specific process which must be followed for a PERS contract change:
1) A resolution of intention, done on August 15, 2023
2) A vote by the affected employee groups on the change, done September 13, 2023 3) A public announcement of the cost of the change, done with the August 15, 2023 resolution staff report
4) The introduction and second reading of the ordinance which actually adopts the change in the PERS agreement on behalf of the City
DISCUSSION:

The final step of the process to amend the PERS agreement is the introduction and first reading of an ordinance which approves the amendment agreement. PERS requires that the approval be done by ordinance and specifies the form of that ordinance.

Assuming introduction of the ordinance at this October 3, 2023 meeting, and second reading at the next Council meeting on October 17, the amendment in the contract and change in costs will become effective 30 days from the date of second reading, or on or 11 Packet Pg. 58
Action Item (ID # 6150) Meeting of October 3, 2023
about November 17, 2023. That time frame is within the window set by PERS.

CONCLUSION:

Introduce Ordinance No. 23, an uncodified ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF EL CENTRO AUTHORIZING AN AMENDMENT TO THE CONTRACT

ATTACHMENTS:
• ORDINANCE PERS (DOCX)
• Amendment to Contract (PDF)
11 Packet Pg. 59
ORDINANCE NO. 23-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO

AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY

COUNCIL OF THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
The City Council of the City of El Centro does ordain as follows:

Section 1. That an amendment to the contract between the City Council of the City of El Centro and the Board of Administration, California Public Employees’ Retirement system is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit “A”, and by such reference made a part hereof as though herein set out in full.

Section 2. The Mayor of the City Council of the City of El Centro is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.

Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Imperial Valley Press, a newspaper of general circulation, published and circulated in the City of El Centro and thenceforth and thereafter the same shall be in full force and effect INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 3
rd
day of October, 2023.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023.

CITY OF EL CENTRO
By:_
Martha Cardenas-Singh, Mayor
ATTEST:

By: _
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By: _
Elizabeth L. Martyn, City Attorney
09/2023/cdz/A23-0151/Ordinance/CalPERS

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Attachment: ORDINANCE PERS (6150 : CalPERS Contract Amendment- Ordinance)

STATE OF CALIFORNIA )
COUNTY OF IMPERIA )ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Ordinance No. 23- had its first reading on the 3 rd
day of October, 2023, and had
its second reading on day of , 2023, and was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

AYES:

NOES:

ABSENT:

ABSTAINED:

By:_
Norma Wyles, City Clerk
09/2023/cdz/A23-0151/Ordinance/CalPERS

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Attachment: ORDINANCE PERS (6150 : CalPERS Contract Amendment- Ordinance)

EXHIBIT
California
Public Employees’ Retirement System

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees’ Retirement System
and the
City Council
City of El Centro

The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1953, and witnessed August 12, 1953, and as amended effective July 1, 1954, July 1, 1957, January 1, 1960, November 1, 1969, October 1, 1972, August 1, 1973, January 1, 1981, May 16, 1987, December 27, 1988, June 27, 1989, October 12, 1993, June 17, 1997, March 20, 2001, July 8, 2003, and June 28, 2011, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective June 28, 2011, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age” shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.

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Attachment: Amendment to Contract (6150 : CalPERS Contract Amendment- Ordinance)

2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1953, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees’ Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees’ Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency’s election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency’s prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their
representatives) which relates to Public Agency’s election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees’ existing retirement benefits, provisions or formulas.
(c) Public Agency’s agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees’ Retirement Law.

4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

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Attachment: Amendment to Contract (6150 : CalPERS Contract Amendment- Ordinance)

5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. HOSPITAL EMPLOYEES HIRED JULY 1, 1957, OR AFTER.

6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994.

7. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, and prior to December 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).

8. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).

9. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).

10. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).

11. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members only.

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Attachment: Amendment to Contract (6150 : CalPERS Contract Amendment- Ordinance) b. Section 20965 (Credit for Unused Sick Leave).
c. Section 21151 (Industrial Disability Retirement for Local Miscellaneous Members).
d. Section 21427 (Improved Nonindustrial Disability Allowance) for local miscellaneous members entering membership on or prior to May 16, 1987.
e. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). f. Section 20475 (Different Level of Benefits): Section 21427 (Improved Nonindustrial Disability Allowance) is not applicable to local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after May 16, 1987.
g. Section 20042 (One-Year Final Compensation) for classic members only.
h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only.
i. Section 20516 (Employees Sharing Additional Cost):

From and after the effective date of this amendment to contract, 3% for classic local fire members in the El Centro Firefighters Association.

From and after the effective date of this amendment to contract, 3% for classic local police members in the El Centro Police Officers Association.

From and after the effective date of this amendment to contract, 3% for classic local fire members in the Unrepresented Executive Fire Managers group.

From and after the effective date of this amendment to contract, 3% for new local fire members in the Unrepresented Executive Fire Managers group.

From and after the effective date of this amendment to contract, 3% for classic local police members in the Unrepresented Executive Police Members group.

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Attachment: Amendment to Contract (6150 : CalPERS Contract Amendment- Ordinance) From and after the effective date of this amendment to contract, 3% for new local police members in the Unrepresented Executive Police Members group.

The portion of the employer’s contribution that the member agrees to contribute from his or her compensation, over and above the member’s normal contribution (“Cost Sharing Percentage”), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year.

12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 1, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.

13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

14. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

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Attachment: Amendment to Contract (6150 : CalPERS Contract Amendment- Ordinance)

16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

B. This amendment shall be effective on the _____ day of _______________, ______.

BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CITY OF EL CENTRO
BY____________________________________ BY______________________________

MELODY BENAVIDES, CHIEF PRESIDING OFFICER

PENSION CONTRACTS AND PREFUNDING

PROGRAMS DIVISION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
________________________________
Witness Date
Attest:
________________________________
Clerk
AMENDMENT CalPERS ID #5941230462
PERS-CON-702A

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Attachment: Amendment to Contract (6150 : CalPERS Contract Amendment- Ordinance) City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Purchase
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6149) DOC ID: 6149
Approval of Agreement for Acquisition of Real Property
located at 363 Brighton Avenue
CITY MANAGER’S RECOMMENDATION:

1. Staff request Council approve the purchase in the amount of $75,000 and allow a $5,000 contingency for documentation and escrow purposes.

2. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY WITH NORMA VILLICANA AND NORMA M. VILLICANA
FISCAL IMPACT:

Requested Budget for this property:

Water Enterprise Fund $40,000
Waste Water Enterprise Fund $40,000
Total $80,000
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2, Environmental Sustainability and Infrastructure DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

City was approached by the realtor of 317 and 363 W. Brighton to offer the property currently for sale to the City. This report discusses the proposed acquisition of 363 W.

Brighton Avenue. The properties are located immediately adjacent to the City Public Works Yard.

DISCUSSION:

After consideration of future growth needs and additional real estate that will be needed to accommodate electric charging infrastructure, the Public Works Director recommends the City purchase these properties for future needs. Title reports and appraisals were obtained by the City along with a Phase I environmental to help support the purchase.

The appraised value for each parcel is $75,000.

CONCLUSION:

1. Staff request Council approve the purchase in the amount of $75,000 and allow a $5,000 contingency for documentation and escrow purposes. 12 Packet Pg. 68
Action Item (ID # 6149) Meeting of October 3, 2023

2. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY WITH NORMA VILLICANA AND NORMA M. VILLICANA
ATTACHMENTS:
• Resolution - Final - 363 W Brighton - 053-200-016 (PDF) • Agreement - 363 W Brighton - 053-200-016 FINAL (PDF)
12 Packet Pg. 69
09/2023/cdz/A23-0100/Reso/PurchaseofRealProperty363BrightonAve RESOLUTION NO. 23 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AN AGREEMENT FOR THE PURCHASE OF
REAL PROPERTY WITH NORMA VILLICAÑA AND NORMA M.

VILLICAÑA
WHEREAS, it is necessary for the City Council of the City of El Centro, California, (the “City Council”) to approve an agreement between the City of El Centro (the “City”), and Norma Villicaña and Norma M. Villicaña (the “Sellers”), for the purchase of real property; and WHEREAS, the purchase of the real property is needed for current and future Public Works operations; and
WHEREAS, the City Council finds that its approval of said agreement will be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFONRIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council does hereby approve the agreement between the City and the Sellers for the purchase of real property generally located at 363 W. Brighton, El Centro, California, APN: 053-200-016.

3. That the City’s City Manager is hereby authorized to sign said Agreement, identified as Exhibit “A,” a copy which is on file in the office of the City Clerk, on behalf of the City.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.

CITY OF EL CENTRO
By _______________________
Martha Cardenas-Singh, Mayor

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Attachment: Resolution - Final - 363 W Brighton - 053-200-016 (6149 : Agreement for Acquisition of Real Property 363 Brighton Ave.) 09/2023/cdz/A23-0100/Reso/PurchaseofRealProperty363BrightonAve 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 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

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Attachment: Resolution - Final - 363 W Brighton - 053-200-016 (6149 : Agreement for Acquisition of Real Property 363 Brighton Ave.) 09/2023/cdz/A23-100/Agrmt/RealPropertyandJointEscrow

AGREEMENT FOR ACQUISITION OF REAL PROPERTY

AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT, made and entered into this ____ day of _______________, 2023, by and between the CITY OF EL CENTRO, a municipal corporation of the State of California, (“Buyer”), and Norma Villicaña and Norma M. Villicaña (the “Grantors”), for acquisition by Buyer of certain real property interest as hereinafter described. Grantor and Buyer are referenced in the aggregate as the “Parties” and sometimes, when a provision applies to each of them individually, as a “Party”.

The terms and conditions of this Agreement and the instructions to Stewart Title (“Escrow Holder”) with regard to the escrow (“Escrow”) created pursuant hereto are as follows:

RECITALS
A. Buyer desires to purchase real property located at 363 W. Brighton Avenue, within the city limits of the City of El Centro and identified as Assessor’s Parcel Number 053-200- 016 (the “Property”) which is a 0.41 Acre lot which will be sold to Buyer as a property with the existing but unused building from a prior automotive repair business, as set forth herein.

B. The Property is legally described as set forth in Exhibit “A”, attached hereto and incorporated by reference herein.

C. After due consideration and sufficient time to consider the Buyer’s offer for the Property, Grantor has accepted Buyer’s offer, specified in this Agreement, as compensation for the Property. In doing so, Grantor acknowledges the compensation offered and hereby accepted is no less than the Property’s fair market value.

D. Prior to close of escrow, Grantor will execute and deliver an instrument to the Buyer in the form of a Grant Deed, conforming substantially to that attached to this Agreement and incorporated by reference herein as Exhibit “B”, executed and duly notarized, that upon recordation will convey Grantor’s full interest in the Property to the Buyer (the “Grant Deed”).

NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. AGREEMENT TO SELL AND PURCHASE
Grantor agrees to sell to Buyer, and Buyer agrees to purchase from Grantor, upon the terms and for the consideration set forth in this Agreement, fee simple marketable title in the entirety of the Property. Grantor agrees to vacate and cause any tenants to vacate said property upon Close of Escrow, as defined below. Grantor and Buyer agree all personal property of Grantor shall be removed from the Property by Grantor, except as otherwise provided in Section 2 of this Agreement. The Parties agree that the Recitals above are true and correct; the Parties further agree to the incorporation by reference herein of said Recitals as operative covenants, specifically relied upon by the Parties in executing this Agreement, together with the referenced Exhibits “A” and “B”.

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2. PURCHASE PRICE AND OTHER CONSIDERATION
The Parties agree that the total purchase price for the Property, payable by Buyer to Grantor in cash through an escrow facilitating the transaction underlying this Agreement (“Escrow”), shall be the sum of Seventy-Five Thousand Dollars ($75,000) (the “Purchase Price”). Buyer’s payment to Grantor of the Purchase Price shall be made, as provided herein below, when the title to the Property as conveyed by the Grant Deed vests in Buyer, free and clear of all liens, encumbrances, taxes and assessments (accrued up to but excluding the day of closing), and leases, recorded and/or unrecorded, with the exception of: (a) covenants, conditions, restrictions, and reservations of record, if any, and (b) easements or rights-of-way over the Property for public or quasi-public utility or public street purposes, if any (collectively the “Permitted Exceptions”). This Purchase Price shall be full payment to Grantor for the Property and for all damages of every kind and nature, including, but not limited to, just compensation, relocation benefits, pre-condemnation activities, bonus value for any leasehold interest, inverse condemnation and loss of goodwill by reason of the acquisition of the Property.

In recognition of the sum to be paid, Grantor hereby waives any and all relocation benefits and any loss of goodwill or other payments.

Grantor agrees to sell the Property to the Buyer as vacant property with the existing building (the “Building”).

3. ESCROW AND TITLE INSURANCE
(a) Within three (3) business days of execution of this Agreement by both Parties, Grantor shall open Escrow at Stewart Title, located at 11870 Pierce Street, Ste 100, Riverside, CA 92505. Grantor and Buyer shall equally share the cost of all usual fees, charges, and costs of Escrow for document drafting, and miscellaneous charges. No documentary transfer taxes or recording fees are required regarding the recordation of the Grant Deed. Buyer shall deposit funds in the amount of the Purchase Price with Escrow Holder within three (3) business days prior to the Close of Escrow. If, as a result of no fault of Buyer or Grantor, Escrow fails to close, then the Parties shall share equally all of Escrow Holder’s fees and charges. (b) Escrow Holder, at Grantor’s expense, shall cause to be issued and delivered to Buyer, as of the Escrow’s closing date, a CLTA standard coverage policy of title insurance (a “Title Policy”), issued by Stewart Title, with liability in the amount of the Purchase Price, covering the Property and showing title thereto vested in Buyer free of encumbrances, except:
(1) All non-delinquent general and special real property taxes and assessments for the current fiscal year;
(2) The Permitted Exceptions;
(3) The standard printed exceptions and exclusions contained in CTLA form policy;
(4) Any exceptions created or consented to by Buyer, including without limitation, any exception arising by reason of Buyer’s possession of or

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entry on the Property.
(c) The Escrow’s closing date shall be , however, Seller will have the automatic right to extend this closing date, from time to time, up to a maximum of 30 days. Escrow Holder may utilize all or part of this Agreement as escrow instructions.
(d) Grantor agrees that Escrow Holder shall retain funds from the Purchase Price sufficient to pay any and all delinquent general and special real property taxes and applicable assessments through and including the current fiscal year occurring prior to the Close of Escrow.
(e) Upon title to the Property vesting in Buyer, Grantor warrants that there will be no unrecorded encumbrances, including but not limited to liens, leases, easements, or licenses, on all or any portion of the Property (“Unrecorded Encumbrances”). (f) Grantor will deposit the Grant Deed with Escrow Holder for recordation at the close of Escrow.
(g) A condition to the Close of Escrow and Seller’s obligation to complete the sale of the Property to Buyer was to determine the need for any environmental remediation and disposal costs and expenses. With the consent of Seller, Buyer has performed the necessary Phase I investigation and has determined that no environmental remediation and disposal is required.

4. CONVEYANCE OF INTEREST
Grantor shall convey via Grant Deed to Buyer title in and to the Property as described in Section 1 of this Agreement.

5. HAZARDOUS MATERIALS
(a) Reports Provided to Buyer. Seller has provided to Buyer, or Buyer has separately obtained, the following environmental reports (collectively referred to as the “Existing ER Reports”):
(i) Appraisal Report – Amended - dated August 20, 2023; and (ii) Phase I Environmental Report dated July 14, 2023; and (iii) Preliminary Title Report – Amended - dated June 30, 2023.

6. LEGAL FEES
In the event either party brings any action or suit against the other party hereunder by reason of any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then the prevailing party in such action or dispute, whether by final judgment or out of court settlement, shall be entitled to have and recover, of and from the other

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non-prevailing party, all costs and expenses of suit, including expert witness fees and actual attorneys’ fees.

7. ASSIGNMENT
Grantor may not assign, transfer or convey its rights or obligations under this Agreement without the prior written consent of Grantor and then only if Grantor’s assignee assumes in writing all of Grantor’s obligations hereunder; provided, however, Grantor shall in no event be released from its obligations hereunder by reason of such assignment.

8. NOTICES
Any notices or documents to be mailed or delivered shall be addressed to or delivered as follows:

BUYER:

City of El Centro
1275 W. Main Street
El Centro, CA 92243
Attn: Cedric Cesena, City Manager
GRANTOR:

Norma Villicana
and Norma M. Villicana
Address
El Centro, CA 90043
Attn:

9. ENTIRE AGREEMENT, INTERPRETATION AND MODIFICATION
This Agreement reflects, contains, includes and supersedes any and all understanding agreements, representations, inducements or promises between the Parties, oral or written, if any. Neither of the Parties relies upon any warranty, promise, representation, or agreement not contained in writing herein. No provision of this Agreement shall be interpreted for or against either of the Parties because its legal representative drafted such provision. This Agreement shall be construed as if jointly prepared by both Parties. Any modification of the Agreement must be in writing duly signed by both of the Parties. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

10. SEVERABILITY
The provisions of this Agreement are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this Agreement shall be held invalid by any court, the Parties intend that such provision, clause, word, sentence or paragraph shall be determined to be severable and that such invalidity shall not affect the other provisions of this Agreement

11. BREACH, CONSENT THERETO, AND WAIVER
No term or provision of this Agreement shall be deemed waived, and no breech thereof excused, unless such waiver or consent to breach is written and signed by the Party alleged to have waived a provision and/or consented to a breach. Any consent or waiver by a Party with respect to a breach by the other Party whether express or implied, shall not constitute consent to, waiver of, or excuse for, any other different or subsequent breach. Failure by a party to enforce a provision of this Agreement at any time shall not be construed as a waiver of that provision.

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12. HEADINGS
All section headings contained in this Agreement are for convenience or reference only, do not form a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.

13. JURISDICTION AND VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the Parties agree that the venue shall be Imperial County, California.

14. EXECUTION OF AGREEMENT, EFFECTIVE DATE
The Parties agree and acknowledge that they have executed this Agreement freely, voluntarily and upon the advice of counsel to the extent that any was desired. This Agreement shall be fully effective and binding upon the Parties as of the date and year first written above.

15. DISBURSEMENT AND OTHER ACTIONS BY ESCROW HOLDER
Upon the Close of Escrow, the Escrow Holder shall promptly undertake all of the following in the manner indicated:
(a) Prorations. Prorate all matters referenced herein, based upon the statement delivered into Escrow signed by the parties.
(b) Recording. Cause the Grant Deed and any other documents which the parties hereto may mutually direct, to be recorded in the Official Records of Imperial County, California, in the order set forth in this subparagraph. Escrow Holder is instructed that no documentary transfer taxes are assessable nor recording fees payable regarding the Grant Deed.
(c) Funds. Disburse from funds deposited by Buyer with Escrow Holder toward payment of all items chargeable to the account of Buyer, pursuant thereto in payment of such costs, and disburse the balance of such funds, if any, to Buyer. (d) Documents to Buyer. Deliver the Grant Deed, executed by Grantor, and, when issued, the Title Policy to Buyer.
(e) Pay demands of existing lienholders. Pay all demands of lienholder with valid claims as of the Closing Date as approved by Grantor.

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delivery of the Agreement by Grantor.
(b) Threatened Action. To the actual knowledge of Grantor without any duty to investigate, there are no actions, suits or proceedings pending against, threatened or affecting the Property in law or equity.
(c) Third Party Consent. No consents or waivers of, or by, any third party are necessary to permit the consummation by Grantor of the transactions contemplated pursuant to this Agreement.
(d) No Violation of Law. To the actual knowledge of Grantor, without any duty to investigate, there is no violation of law or governmental regulation by Grantor with respect to the Property.
(e) Compliance with Law. To the actual knowledge of Grantor without any duty to investigate, all laws, ordinances, rules, and regulations of every governmental agency, body, or subdivision thereof bearing on the Property have been complied with by Grantor.
(f) Agreements. There are no agreements (whether oral or written) affecting or relating to the right of any party with respect to the possession of the Property, or any portion thereof, which are obligations which will affect the Property or any portion thereof subsequent to the recordation of the Grant Deed, except as ay be reflected in the Condition of Title, which hall have bee approved by Buyer pursuant to the terms of this Agreement.
(g) Documents. To the best of Grantor’s knowledge, all documents delivered to Buyer pursuant to this Agreement are true and correct copies of originals, and any and all information supplied to Buyer by Grantor in accordance with this Agreement is true and accurate, except Grantor provides no representation or warranties as to the accuracy of the Existing ER Reports or any other third-party reports provided by Grantor to Buyer.
(h) Maintenance Contracts. There are no maintenance, service, or similar agreements (whether oral or written) affecting or relating to the Property. (i) Waste Disposal. No portion of the Property has ever been used by Grantor as a waste storage or disposal site, and Grantor has no actual knowledge, without any duty to investigate, of any such prior uses.
(j) No Notices. Grantor has received no written notice of any change contemplated in any applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent landowners, or natural or artificial conditions upon the Property which would prevent, impede, limit, or render more costly Buyer’s contemplated use of the Property.
(k) Hazardous Substances. Except as revealed by Grantor to Buyer herein, and in the Existing ER Reports and any additional environmental reports, provided by or at the direction of Grantor to Buyer, Grantor has no current actual knowledge without any duty to investigate that there are hazardous substances (as defined below) in existence on or below the surface of the Property, which constitutes a

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violation of any law, rule, or regulation of any governmental entity having jurisdiction thereof, or which exposes Buyer to liability to third parties; nor has there been any proceeding or inquiry by any governmental authority with respect to the presence of such hazardous substances on the Property or any portion thereof. Without limiting the other provisions of this Agreement, Grantor shall cooperate with Buyer’s investigation of matters relating to the foregoing provisions of this paragraph, and provide access to, and copies of, any data and/or documents dealing with potentially hazardous substances used at the Property and any disposal practices followed. Grantor agrees Buyer may, with Grantor’s prior approval, make inquiries of governmental agencies regarding such matters. For purposes of this Agreement, the term “Hazardous Substances” means: (i) any substance, product, waste, or other material or any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environment Response, Compensation and Liability Act (CERCLA), 42 Unites States Code Section 9601 et seq.; the Hazardous Material Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq.; (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq.; all as amended (the above-cited California state statutes are hereinafter collectively referred to as “the State Toxic Substances Laws”) or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous or toxic substance hereafter in effect; (ii) any substance, product, waste, or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (iii) petroleum or crude oil other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (iv) asbestos. (l) Indemnity. Grantor shall indemnify, defend with counsel selected by Buyer, protect and hold harmless Buyer, its directors, officers, employees, agents, assigns, and any successor or successors to Buyer’s interest from and against all claims, actual damages (including, but not limited to, special and consequential damages), punitive damages, injuries, costs, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys’ and expert witness fees and costs incurred in connection with

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defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the Property, or any indemnified party directly or indirectly arising from or attributable to: any breach by Grantor of any of each of their agreements, warranties or representations set forth in this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to CERCLA Section 107(e), of 42 United States Code Section 9607(E), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify Buyer from any liability pursuant to such sections.
(m) Pollutants. To the actual knowledge of Grantor without any duty to investigate, no pollutants or waste materials from the Property have ever been discharged by Grantor into any body of water, or by any other person or entity from, at, through or under the Property.

17. GRANTOR’S INDEMNIFICATION
Grantor shall indemnify, defend and hold harmless Buyer from and against any and all obligations, liabilities, claims, liens, encumbrances, losses, damages, costs and expenses, including without limitation, attorneys’ fees, whether direct, contingent, or consequential, incurred by Buyer relating to the Property and arising or accruing from any intentional or negligent acts, occurrences, or matters of Grantor that take place on or before the Close of Escrow or resulting from any breach by Grantor of its representations, warranties and covenants contained in this Agreement, including, but not limited to, damages of every kind and nature related to Grantor or Grantor’s current tenant, Chicago Title Insurance Company, including, but not limited to, just compensation, relocation benefits, pre-condemnation activities, inverse condemnation and loss of goodwill by reason of the acquisition of the Property.

18. MISCELLANEOUS
(a) Survival of Covenants. The covenants, representations and warranties of the Parties set forth in this Agreement shall survive for only one (1) year from the recordation of the Grant Deeds and the Close of Escrow. Any action must be initiated during this one (1) year period to be valid and effective. (b) Required Actions of Buyer or Grantor. Buyer and Grantor agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the purchase and sale herein contemplated, and shall use their best reasonable efforts to accomplish the Close of Escrow in accordance with the provisions hereof.
(c) Time of Essence. Time is of the essence of each and every term, condition, obligation, and provision hereof.
(d) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

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(e) No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto.
(f) Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference.
(g) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with the exception of definitions to be construed under Federal laws cited in Paragraph 18(l). (h) Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement. (i) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

19. INDEMNIFICATION OF ESCROW HOLDER
(a) If this Agreement or any matter relating hereto shall become the subject of any litigation or controversy, then Buyer and Grantor agree, jointly and severally, to hold Escrow Holder free and harmless from any loss or expense, including attorneys’ fees, that may be suffered by it by reason thereof except for losses or expenses as may arise from Escrow Holder’s negligent or willful misconduct. If conflicting demands are made or notices served upon Escrow Holder with respect to this Agreement, then the parties expressly agree Escrow Holder shall be entitled to file a suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate their several claims and rights among themselves. Upon the filing of the action in interpleader, Escrow Holder shall be fully released and discharged from any obligations imposed upon it by this Agreement, and
(b) Escrow Holder shall not be liable for the sufficiency or correctness as to form, manner, execution, or validity of any instrument deposited with it, nor as to the identity, authority or rights of any person executing such instrument, nor for failure of Buyer or Grantor to comply with any of the provisions of any agreement, contract or other instrument filed with Escrow Holder, or referred to herein. Escrow Holder’s duties hereunder shall be limited to the safekeeping of all monies, instruments, or other documents received by it as Escrow Holder, and for their disposition in accordance with the terms of this Agreement. (c) No provisions of any Escrow Instructions will amend or modify any provisions of this Agreement unless such provision specifically states it is so amending a provision of this Agreement.

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IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above.

BUYER:

CITY OF EL CENTRO, A MUNICIPAL

CORPORATION OF THE STATE OF

CALIFORNIA
By: ______________________________
Cedric Cesena, City Manager
ATTEST:

By: ______________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By: ______________________________
Elizabeth Martyn, City Attorney
GRANTOR:

Norma Villicana and Norma M. Villicana
By: _________________________________

By: _________________________________

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Attachment: Agreement - 363 W Brighton - 053-200-016 FINAL (6149 : Agreement for Acquisition of Real Property 363 Brighton Ave.) 09/2023/cdz/A23-100/Agrmt/RealPropertyandJointEscrow

EXHIBIT “A” \

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF IMPERIAL, CITY OF EL CENTRO AND
DESCRIBED AS FOLLOWS:

LOT 7, BLOCK 49, TOWNSITE OF EL CENTRO, IN THE CITY OF EL CENTRO, COUNTY OF IMPERIAL, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 953 ON FILE IN BOOK 1, PAGE 19 OF OFFICIAL PROPER THE OFFICE OF THE

COUNTY RECORDER OF SAN DEIGO COUNTY, A COPY OF SAID MAP BEING

ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY.

APN: 053-200-016-000
(END OF LEGAL DESCRIPTION)

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EXHIBIT “B”

GRANT DEED

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of El Centro
1275 Main Street
El Centro, CA 92243
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Recording Fee: $ 0.00
Document Transfer Tax $ 0.00
[This document is recorded for the benefit of City of El Centro on and is therefore exempt from the payment of the recording fee pursuant to Government code Section 6103 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation Code Section 11922.]

GRANT DEED
Assessor’s Parcel Number: 053-200-016
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NORMA VILLICANA, _________, hereby GRANTS to the CITY OF EL CENTRO, CALIFORNIA, a body corporate and politic duly created and existing under the laws of the State of California, real property in the City of El Centro, County of Imperial, State of California, described as follows:

SEE LEGAL DESCRIPTION, ATTACHED HERETO AS EXHIBIT “A” RESPECTIVELY, AND INCORPORATED HEREIN BY REFERENCE.

Dated: ________________________, 2023.

By: __________________________________________
Norma Villicana
By: __________________________________________
Norma Villicana
By: __________________________________________

By: __________________________________________
Notary jurat on next page

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Attachment: Agreement - 363 W Brighton - 053-200-016 FINAL (6149 : Agreement for Acquisition of Real Property 363 Brighton Ave.) City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Purchase
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6092) DOC ID: 6092
Approval of Agreement for Acquisition of Real Property
located at 317 Brighton Ave.

CITY MANAGER’S RECOMMENDATION:

1. Staff request Council approve the purchase in the amount of $75,000 and allow a $5,000 contingency for documentation and escrow purposes.

2. Adopt Resolution 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY WITH NORMA M. VILLICANA
FISCAL IMPACT:

Requested Budget for this property:

Water Enterprise Fund $40,000
Waste Water Enterprise Fund $40,000
Total $80,000
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2, Environmental Sustainability and Infrastructure DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

City was approached by the realtor of 317 and 363 W. Brighton to offer the property currently for sale to the City. This report discusses the proposed acquisition of 317 W.

Brighton Avenue. The properties are located immediately adjacent to the City Public Works Yard.

DISCUSSION:

The appraised value for each parcel is $75,000.

CONCLUSION:

1. Staff request Council approve the purchase in the amount of $75,000 and allow a $5,000 contingency for documentation and escrow purposes. 13 Packet Pg. 84
Action Item (ID # 6092) Meeting of October 3, 2023

2. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY WITH NORMA M. VILLICANA
ATTACHMENTS:
• Resolution - Final - 317 W Brighton - 053-200-015 (PDF) • Agreement - 317 W Brighton - 053-200-015 FINAL (PDF)
13 Packet Pg. 85
09/2023/cdz/A23-0100/Reso/PurchaseofRealProperty317BrightonAve RESOLUTION NO. 23 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AN AGREEMENT FOR THE PURCHASE OF
REAL PROPERTY LOCATED AT 317 BRIGHTON AVE
WHEREAS, it is necessary for the City Council of the City of El Centro, California, (the “City Council”) to approve an agreement between the City of El Centro and Norma M. Villicana, (the “Seller”), for the purchase of real property located at 317 Brighton Ave; and WHEREAS, the purchase of this vacant real property is needed for current and future Public Works operations on adjacent property, and
WHEREAS, the price for the property was determined by appraisal and accepted by the Seller; and
WHEREAS, the City Council finds that its approval of said agreement will be in the best interest of the City of El Centro, California (the “City”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFONRIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council does hereby approve the agreement between the City and the Seller for the purchase of real property generally located at 317 W. Brighton, El Centro, California, APN: 053-200-015

3. That the City Manager is hereby authorized to sign said Agreement, identified as Exhibit “A,” a copy which is on file in the office of the City Clerk, on behalf of the City.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 3rd day of October, 2023.

CITY OF EL CENTRO
By _______________________
Martha Cardenas-Singh, Mayor

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Attachment: Resolution - Final - 317 W Brighton - 053-200-015 (6092 : Agreement for Acquisition of Real Property 317 Brighton Ave.) 09/2023/cdz/A23-0100/Reso/PurchaseofRealProperty317BrightonAve 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

AYES:

NOES:

ABSENT:

ABSTAINED:

By ________________________
Norma Wyles, City Clerk

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AGREEMENT FOR ACQUISITION OF REAL PROPERTY

AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT, made and entered into this ____ day of _______________, 2023, by and between the CITY OF EL CENTRO, a municipal corporation of the State of California, (“Buyer”), and Norma M. Villicana, an unmarried woman (“Grantor”), for acquisition by Buyer of certain real property interest as hereinafter described. Grantor and Buyer are referenced in the aggregate as the “Parties” and sometimes, when a provision applies to each of them individually, as a “Party”.

The terms and conditions of this Agreement and the instructions to Stewart Title (“Escrow Holder”) with regard to the escrow (“Escrow”) created pursuant hereto are as follows:

RECITALS
A. Buyer desires to purchase real property located at 317 W. Brighton Avenue, within the city limits of the City of El Centro and identified as Assessor’s Parcel Number 053-200- 15 (the “Property”) which is a 0.41 Acre lot which will be sold to Buyer as a vacant property, as set forth herein.

B. The Property is legally described as set forth in Exhibit “A”, attached hereto and incorporated by reference herein.

NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. AGREEMENT TO SELL AND PURCHASE
Grantor agrees to sell to Buyer, and Buyer agrees to purchase from Grantor, upon the terms and for the consideration set forth in this Agreement, fee simple marketable title in the entirety of the Property. Grantor and Buyer agree any personal property of Grantor shall be removed from the Property by Grantor, except as otherwise provided in Section 2 of this Agreement. The Parties agree that the Recitals above are true and correct; the Parties further agree to the incorporation by reference herein of said Recitals as operative covenants, specifically relied upon by the Parties in executing this Agreement, together with the referenced Exhibits “A” and “B”.

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In recognition of the sum to be paid, Grantor hereby waives any and all relocation benefits and any loss of goodwill or other payments.

Grantor agrees to sell the Property to the Buyer as vacant property with the existing building (the “Building”).

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4. CONVEYANCE OF INTEREST
Grantor shall convey via Grant Deed to Buyer title in and to the Property as described in Section 1 of this Agreement.

(iii) Preliminary Title Report dated June 30, 2023.

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8. NOTICES
Any notices or documents to be mailed or delivered shall be addressed to or delivered as follows:

BUYER:

City of El Centro
1275 W. Main Street
El Centro, CA 92243
Attn: Cedric Cesena, City Manager
GRANTOR:

Norma M. Villicana
Address
El Centro, CA 90043
Attn:

10. SEVERABILITY

13. JURISDICTION AND VENUE

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This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the Parties agree that the venue shall be Imperial County, California.

16. GRANTOR’S REPRESENTATION AND WARRANTIES
In consideration of Buyer entering into this Agreement, and as an inducement to Buyer to purchase the Property, Grantor make the following representations and warranties, each of which is material and is being relied upon by Buyer (and the continued truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder):
(a) Authorization. This Agreement has been duly and validly authorized, executed and delivered by Grantor, and no other action is requisite to the execution and delivery of the Agreement by Grantor.
(b) Threatened Action. To the actual knowledge of Grantor without any duty to investigate, there are no actions, suits or proceedings pending against, threatened or affecting the Property in law or equity.
(c) Third Party Consent. No consents or waivers of, or by, any third party are

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necessary to permit the consummation by Grantor of the transactions contemplated pursuant to this Agreement.
(d) No Violation of Law. To the actual knowledge of Grantor, without any duty to investigate, there is no violation of law or governmental regulation by Grantor with respect to the Property.
(e) Compliance with Law. To the actual knowledge of Grantor without any duty to investigate, all laws, ordinances, rules, and regulations of every governmental agency, body, or subdivision thereof bearing on the Property have been complied with by Grantor.
(f) Agreements. There are no agreements (whether oral or written) affecting or relating to the right of any party with respect to the possession of the Property, or any portion thereof, which are obligations which will affect the Property or any portion thereof subsequent to the recordation of the Grant Deed, except as ay be reflected in the Condition of Title, which hall have bee approved by Buyer pursuant to the terms of this Agreement.
(g) Documents. To the best of Grantor’s knowledge, all documents delivered to Buyer pursuant to this Agreement are true and correct copies of originals, and any and all information supplied to Buyer by Grantor in accordance with this Agreement is true and accurate, except Grantor provides no representation or warranties as to the accuracy of the Existing ER Reports or any other third-party reports provided by Grantor to Buyer.
(h) Maintenance Contracts. There are no maintenance, service, or similar agreements (whether oral or written) affecting or relating to the Property. (i) Waste Disposal. No portion of the Property has ever been used by Grantor as a waste storage or disposal site, and Grantor has no actual knowledge, without any duty to investigate, of any such prior uses.
(j) No Notices. Grantor has received no written notice of any change contemplated in any applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent landowners, or natural or artificial conditions upon the Property which would prevent, impede, limit, or render more costly Buyer’s contemplated use of the Property.
(k) Hazardous Substances. Except as revealed by Grantor to Buyer herein, and in the Existing ER Reports and any additional environmental reports, provided by or at the direction of Grantor to Buyer, Grantor has no current actual knowledge without any duty to investigate that there are hazardous substances (as defined below) in existence on or below the surface of the Property, which constitutes a violation of any law, rule, or regulation of any governmental entity having jurisdiction thereof, or which exposes Buyer to liability to third parties; nor has there been any proceeding or inquiry by any governmental authority with respect to the presence of such hazardous substances on the Property or any portion thereof. Without limiting the other provisions of this Agreement, Grantor shall

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cooperate with Buyer’s investigation of matters relating to the foregoing provisions of this paragraph, and provide access to, and copies of, any data and/or documents dealing with potentially hazardous substances used at the Property and any disposal practices followed. Grantor agrees Buyer may, with Grantor’s prior approval, make inquiries of governmental agencies regarding such matters. For purposes of this Agreement, the term “Hazardous Substances” means: (i) any substance, product, waste, or other material or any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environment Response, Compensation and Liability Act (CERCLA), 42 Unites States Code Section 9601 et seq.; the Hazardous Material Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq.; (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq.; all as amended (the above-cited California state statutes are hereinafter collectively referred to as “the State Toxic Substances Laws”) or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous or toxic substance hereafter in effect; (ii) any substance, product, waste, or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (iii) petroleum or crude oil other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (iv) asbestos. (l) Indemnity. Grantor agrees to indemnify, defend with counsel selected by Buyer, protect and hold harmless Buyer, its directors, officers, employees, agents, assigns, and any successor or successors to Buyer’s interest from and against all claims, actual damages (including, but not limited to, special and consequential damages), punitive damages, injuries, costs, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the Property, or any indemnified party directly or indirectly arising from or attributable to: any breach by Grantor of any of each of their agreements, warranties or representations set forth in this Agreement. The foregoing indemnity is intended

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to operate as an agreement pursuant to CERCLA Section 107(e), of 42 United States Code Section 9607(E), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify Buyer from any liability pursuant to such sections.
(m) Pollutants. To the actual knowledge of Grantor without any duty to investigate, no pollutants or waste materials from the Property have ever been discharged by Grantor into any body of water, or by any other person or entity from, at, through or under the Property.

17. GRANTOR’S INDEMNIFICATION
Grantor hereby agrees to indemnify, defend and hold harmless Buyer from and against any and all obligations, liabilities, claims, liens, encumbrances, losses, damages, costs and expenses, including without limitation, attorneys’ fees, whether direct, contingent, or consequential, incurred by Buyer relating to the Property and arising or accruing from any intentional or negligent acts, occurrences, or matters of Grantor that take place on or before the Close of Escrow or resulting from any breach by Grantor of its representations, warranties and covenants contained in this Agreement, including, but not limited to, damages of every kind and nature related to Grantor or Grantor’s current tenant, Chicago Title Insurance Company, including, but not limited to, just compensation, relocation benefits, pre-condemnation activities, inverse condemnation and loss of goodwill by reason of the acquisition of the Property.

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(f) Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference.
(g) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with the exception of definitions to be construed under Federal laws cited in Paragraph 18(l). (h) Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement. (i) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

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IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above.

BUYER:

CITY OF EL CENTRO, A MUNICIPAL

CORPORATION OF THE STATE OF

CALIFORNIA
By: ______________________________
Cedric Ceseña, City Manager
ATTEST:

By: ______________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By: ______________________________
Elizabeth Martyn, City Attorney
GRANTOR:

By: _________________________________

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EXHIBIT “A” \

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF IMPERIAL, CITY OF EL CENTRO AND
DESCRIBED AS FOLLOWS:

LOT 6, BLOCK 49, TOWNSITE OF EL CENTRO, ACCORDING TO MAP NO. 953,

ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO

COUNTY, A COPY OF SAID MAP BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY.

APN: 053-200-015-000
(END OF LEGAL DESCRIPTION)

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EXHIBIT “B”

GRANT DEED

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

GRANT DEED
Assessor’s Parcel Number: 053-200-015
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NORMA M. VILLICANA, AN UNMARRIED WOMAN, hereby GRANTS to the CITY OF EL CENTRO, CALIFORNIA, a body corporate and politic duly created and existing under the laws of the State of California, real property in the City of El Centro, County of Imperial, State of California, described as follows:

SEE LEGAL DESCRIPTION, ATTACHED HERETO AS EXHIBIT “A” RESPECTIVELY, AND INCORPORATED HEREIN BY REFERENCE.

Dated: ________________________, 2010.

Notary jurat to follow By: __________________________________________ Edward R. Marek
By: __________________________________________

By: __________________________________________

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Attachment: Agreement - 317 W Brighton - 053-200-015 FINAL (6092 : Agreement for Acquisition of Real Property 317 Brighton Ave.) City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Request
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6142) DOC ID: 6142
2023 Streets Overlay Project Revised Budget for the
Maintenance Hole Rehabilitation and Scott Ave. Curb Ramp CITY MANAGER’S RECOMMENDATION:

Approve a revised project budget for the 2023 Streets Overlay Project FISCAL IMPACT:

No impact to the General Fund
Original Budget Approved on July 18, 2023
SB1 RMRA $ 905,000.00 (Fund 202)
LTA Measure D $1,625,620.41 (Fund 205)
LTA Measure D Bond $ 804,000.00 (Fund 212)
Measure P $ 332,300.39 (Fund 299)
Water Enterprise $ 38,713.40 (Fund 501)
WW Enterprise $ 38,713.40 (Fund 502)
Total $ 3,744,347.60
Budget Request
SB1 RMRA $ 905,000.00 (Fund 202)
LTA Measure D $1,625,620.41 (Fund 205)
LTA Measure D Bond $ 804,000.00 (Fund 212)
Measure P $ 332,300.39 (Fund 299)
Water Enterprise $ 38,713.40 (Fund 501)
WW Enterprise $ 38,713.40 (Fund 502)
WW Enterprise emergency fund account $ 365,200 (502-9521-710106) Scott ave emergency fund account $ 22,814.00 (281-6125-710106) Total $4,132,361.60 (includes 10% contingency)
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 Environmental Sustainability & Infrastructure; Action 2.13 Implement 2015/2016 Pavement Management System Plan which consist of recommended street repair costs to the City's streets network and Action 2.8: Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A, contractor is currently under contract and construction is on-going.

BACKGROUND:
14 Packet Pg. 100
Action Item (ID # 6142) Meeting of October 3, 2023
On June 9, 2023, during a routine sewer main inspection, a large void was discovered in a sewer inspection hole wall at the Imperial Avenue and Villa Avenue Intersection. A large void was discovered under the intersection on the other side of said hole. Staff placed traffic control measures in effect to protect the area from collapsing and producing additional damage.

On June 26,2023 City of El Centro City Council Adopted Resolution No. 23 - 66

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO

AUTHORIZING THE EMERGENCY REPAIRS OF A SEWER MAINTENANCE HOLE AT THE INTERSECTION OF VILLA AVENUE AND IMPERIAL AVENUE.

On July 18, 2023 City Council Adopted Resolution N0. 23 - 77 , RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE 2023 STREETS

OVERLAY PROJECT
DISCUSSION:

City Staff reached out to Rove Engineering for a proposal to rehabilitate the Sewer inspection hole at the Intersection of Imperial Ave. Due to the complexity and urgent nature of this issue, city staff received an estimated cost proposal of $332,000. City staff found the amount reasonable and directed Rove to continue under Resolution No. 23- 66 with Change Order #1 of the 2023 Streets Overlay Project. Funding for the emergency repair of the maintenance hole is to come from the 502-9521-710106 account.

Due to other concrete items being on the 2023 Streets Overlay Project, and the recent approval of a Caltrans Encroachment Permit necessary, city staff also reached out to Rove Engineering for a proposal to install a curb ramp on Caltrans ROW that was previously demolished to perform emergency repairs at the intersection of Scott Ave. and Imperial Avenue. These emergency repairs were approved through City Council Adopted Resolutions No. 22-110, 22-135, and 23-12. City staff reviewed the proposal and found the amount reasonable compared to the other items on the project. Funding for the Scott Ave. curb ramp is requested to come from the account related to the sink hole at Scott Ave. (281-6125-710106)
CONCLUSION:

Approve a revised project budget for the 2023 Streets Overlay Project 14 Packet Pg. 101
City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Discussion
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
INFORMATION ITEM (ID # 6051) DOC ID: 6051
Discussion regarding amending Chapter 4, Article III of the Code of Ordinances related to the regulation of Cardrooms FISCAL IMPACT:

Not Applicable
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 6: 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:

Not Applicable
BACKGROUND:

The City of El Centro municipal code regulates the operation and approval of up to one cardroom in the city (Chapter 4, Article III). The "Cardroom Ordinance" was last substantially amended in 1999 via Ordinance 99-9. It was adopted in response to the adoption of the Gambling Control Act by the state of California in 1998. Among other requirements, the Gambling Control Act required that cardrooms obtain a state gambling license in addition to any required license from the local jurisdiction. A copy of the existing ordinance is attached as Exhibit A.

Tommy's Casino & Saloon, formerly located at 467 W. Main Street, operated as the sole cardroom in the city. While Tommy's Casino & Saloon maintains an active State Cardroom Business License their city license has lapsed since the establishment's closure in 2018. Lorens Attisha and his business entity Casino Azul, LLC have an agreement to purchase the Tommy’s Casino & Saloon business from the current owner and plans to relocate the cardroom to another location in the El Centro. Mr. Attisha has provided the city the attached letter (Exhibit B).

A new city cardroom license would need to issued prior to the reopening of the cardroom. Considering that this is the first time in more than twenty years that the city is considering issuing a new cardroom license, staff is considering this opportunity for amending the ordinance.

DISCUSSION:

The Public Safety Committee met on June 21, 2023. At the meeting the Committee reviewed the letter submitted by Mr. Attisha and discussed the scope of any proposed amendments. Staff was directed to bring the item for discussion to the City Council and seek direction regarding the following areas:
15 Packet Pg. 102
Information Item (ID # 6051) Meeting of October 3, 2023 • Serving of alcoholic beverages (Section 4-76.11) - The current ordinance prohibits the possession of alcohol within a cardroom. Council could consider removing this restriction and allowing the serving of alcohol with a valid state alcohol license.
• Wagering limits (Section 4-76.14) - A maximum wager of $249 per hand currently applies. Council could consider increasing or removing the wager limit. • Number of card tables permitted (Section 4-76.17) - The current ordinance allows up to three (3) card tables to operate in the city, with no more than ten (10) players and one (1) dealer per card table. Casino Azul is requesting that this be increased to five (5) tables.
• Zoning - Cardrooms are not specified as use in the city’s zoning ordinance. After discussion with the Community Development Director the applicant has submitted a request to amend the zoning ordinance to allow cardrooms in the CG-General Commercial zone. The existing buffers from schools, parks or other sensitive uses would still apply. Below are the options that are being considered:
o Allow cardrooms by right in the CG zone
o Allow cardrooms with a Conditional Use Permit approved by the Administrative Committee in the CG zone
o Allow cardrooms with a Conditional Use Permit approved by the Planning Commission in the CG zone
• Cardroom License Fees (Section 4-76.28) - The current cardroom ordinance requires the operator to pay a $1,200 license fee upon granting of the license and a $150 monthly license fee for up to three tables. Each additional table above three (3) is charged $45 per month.

In reviewing this section of the ordinance, staff researched a sample of other jurisdictions in the state that regulate cardrooms. Below is a table summarizing those fees. This list is not mean to be representative of all 66 cities/counties that regulate cardrooms, however, below are few trends:
• Majority of jurisdictions employ a fee per table structure. Amount ranges between $400 to $6,000 per table per year with reduced amounts for each additional table after the first table.
• The cities of Lake Elsinore, Marina, and Oceanside have cardrooms pay a fee that is percentage of gross earnings. Oceanside fee is 6% of gross revenues. Lake Elsinore and Marina have schedules in which the percentage increases as revenue increases.

Jurisdiction Fee
City of Blythe $25 per establishment per year
City of Chico $1,855 for the first table and $371
for each additional table per year
City of Chula Vista $6,000 per table per year
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Information Item (ID # 6051) Meeting of October 3, 2023 City of Grover Beach $525 per table per year
City of Haywood $400 for the first table and $200 for
each additional table per year
City of Lake Elsinore Graduate percentage of gross
revenues from 3% to 5%
City of Marina Graduate percentage of gross
revenues from 5% to 13%
City of Oceanside 6% of gross revenues
City of Redding $400 per table per year
City of Salinas $6,558 per year per establishment
City of Stockton $278 per year for license, $278 for
owner’s permit, $278 for Key
Manager permit, and $122 for
Dealer permit
County of Butte $500 for the first table and $100 for
each additional table per year
Next steps - Staff will draft an amended ordinance for review and comment based on the direction and discussion from the City Council. Additionally, the Planning Commission will hold a public hearing on October 10th to consider a recommendation to the City Council on the zoning requirements for a cardroom. It is expected that this item will be brought before the City Council on November 7, 2023 for action.

CONCLUSION:

Provide staff direction on proposed amendments to the regulation of Cardrooms as presented.

ATTACHMENTS:
• Exhibit A - Ch. 4 Art. III Cardrooms (PDF)
• Exhibit B - Casino Azul Introductory Letter (PDF)
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Chapter 4 - AMUSEMENTS
ARTICLE III. POOLROOMS, BOWLING ALLEYS AND CARD, ETC., ROOMS El Centro, California, Code of Ordinances Created: 2023-02-14 14:51:36 [EST] (Supp. No. 120)

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ARTICLE III. POOLROOMS, BOWLING ALLEYS AND CARD, ETC., ROOMS1 DIVISION 1. GENERALLY
Sec. 4-61. Limitations on location of poolrooms or places licensed for card, etc., games. (a) Not more than two (2) poolrooms or billiard rooms, halls or parlors or rooms licensed for the maintenance or conduct of games played with cards, dominoes, etc., as provided in section 4-76 shall be licensed, maintained or permitted on any street in the city between any two (2) consecutive intersecting streets. (b) No establishment as referred to in the first paragraph of this section shall be licensed, maintained or permitted on Main Street between Sixth and Eighth Streets, nor on Fifth Street, Sixth Street or Seventh Street between State Street and Broadway.
(c) The provisions hereof shall not work a revocation of any license valid and existing, nor while such license shall remain otherwise unrevoked and shall be regularly renewed as required by law. (Ord. No. 414, § 7; Code 1962, § 3-1)
Cross reference(s)—Zoning generally, Ch. 29.

Sec. 4-62. Keeping cards, etc., in poolroom.

It shall be unlawful for any person to keep or cause or permit to be kept any playing cards, dice, keno board or other gambling device in any poolroom or billiard hall in the city or in any room or place connected therewith or having any door opening into such poolroom or billiard hall. (Ord. No. 191, § 1; Code 1962, § 3-2)
Sec. 4-63. When music may not be played in poolroom or bowling alley.

No person shall cause or permit the playing of any music in any poolroom or billiard room, hall or parlor or in any bowling alley on Sunday or at a later hour than 9:00 p.m. on any weekday (Ord. No. 123, § 1; Code 1962, § 3-4)
Sec. 4-64. Allowing minors under eighteen (18) years of age in poolrooms; exception. (a) It shall be unlawful for any person owning, operating or having charge or control of any poolroom or billiard room, hall or parlor to permit any minor under the age of eighteen (18) years of age to play pool or billiards therein or to attend such poolroom or billiard room, hall or parlor or bowling alley as a spectator or otherwise.

1 Cross reference(s)—License tax for card games, § 4-76 et seq.

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(b) There is excepted from the provisions of paragraph (a) of this section any business establishment such as a family recreation center maintaining pool or billiard tables for play, or bowling alley which does not conduct or permit in such establishment any kind of business referred to in section 4-76 for which a license is required pursuant to division 2 of this article, and which does not sell or serve, or permit the sale or service of, any beverages having an alcoholic content.
(Ord. No. 378, § 1; Code 1962, §§ 3-5, 3-5a; Ord. No. 65-13, § 1) Cross reference(s)—Minors generally, Ch. 18, Art. III.

State law reference(s)—Age of majority, Civil Code, § 25.1.

Sec. 4-65. How business to be conducted; minors.

The business for which a license is granted under division 2 of this article shall be maintained and conducted in a lawful, peaceful and orderly manner. No person under the age of eighteen (18) years shall be permitted to engage in any game or games maintained or conducted by such business, nor shall such person be permitted to act as a bystander at such games nor to remain on the premises where the same are conducted. (Ord. No. 61-9, § 1; Code 1962, § 3-11)
Sec. 4-66. Reserved.

Editor's note(s)—Section 1 of Ord. No. 94-11, adopted June 15, 1994, repealed § 4-66 which pertained to hours of operation of poolrooms, bowling alleys and card, etc. rooms and derived from Ord. No. 61-9, § 1 and Code 1962, § 3-11.

Secs. 4-67—4-76. Reserved.

DIVISION 2. LICENSE2
Sec. 4-76.1. Required.

It shall be unlawful for any person to engage in the business of maintaining and conducting lawful games played with cards, dominoes or other devices involving the use of a table or tables or similar equipment, either by maintaining or conducting such business alone or in connection with another business or businesses, unless such person shall first have obtained from the city a license so to do as provided in this division. (Ord. No. 99-9, § 1)

2 Editor's note(s)—Section 1 of Ord. No. 99-9, adopted Oct. 20, 1999, amended Art. III, Div. 2 in its entirety, in effect repealing §§ 4-76—4-83 and enacting similar new provisions in lieu thereof as §§ 4-76.1—4-76.29. Formerly, such provisions derived from §§ 3-6—3-10, and 3-12 and §§ 16-36—16-36.2 of the 1962 Code; §§ 2 and 5 of Ord. No. 372; § 1 of Ord. No. 483; § 1 of Ord. No. 73-12; § 1 of Ord. No. 78-4; and § 1 of Ord. No. 78-10.

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Sec. 4-76.2. Concurrent regulation with state.

It is the stated intent of this chapter to regulate cardrooms and tables in the City of El Centro concurrently with the State of California, to the extent authorized by, and as required by, the Gambling Control Act codified at Business and Professions Code, section 19800 et seq., and the regulations of the State of California Department of Justice Division of Gambling Control.
(Ord. No. 99-9, § 1)
Sec. 4-76.3. License or registration permit required.
(a) State permit and city permit required. Any person or entity must receive a permit from the attorney general of California prior to owning or operating a cardroom within the City of El Centro. In addition, no person shall establish, maintain or operate any cardroom or permit or suffer any cardroom to be established, maintained or operated, upon or within any building, structure, premises or place owned, occupied or controlled by him or her, unless such cardroom is maintained and operated pursuant to a valid, unexpired and unrevoked cardroom license issued pursuant to the provisions of this chapter. (b) Employee registration permit required. No person shall serve as an employee of any cardroom or public place for the playing of a card game which is located within the city, without having a registration permit therefor, as provided in this chapter. It is also unlawful for the licensee of any cardroom licensed under this chapter to employ any person without such person having a valid registration permit issued pursuant to this chapter. (Ord. No. 99-9, § 1)
Sec. 4-76.4. License—Application.

Only a person or entity operating a cardroom licensed pursuant to the provisions of this chapter by the City of El Centro as of January 1, 1998, or that person or entity's successor in interest to the same cardroom operation, is eligible to apply for a cardroom license. Application for the required license shall be made to the city finance department. The application shall certify the contents of the application under penalty of perjury, and shall be signed by the applicant. The application shall contain all of the following:
(a) The location of the business for which the license is sought, including a specific description of the building or structure within which the cardroom is to be situated, and the specific portion of such building or structure for which a cardroom license is requested. If the entire building or structure is proposed to be used as a cardroom, the application shall so state and shall request license for the entire building or structure. If only a portion of the building or structure is proposed to be used as a cardroom, the application shall so state, shall describe such portion, and shall request a license for only such portion. No license shall be deemed issued for any portion of any building which the application fails to state is to be used for cardroom purposes, or for which the application fails specifically to request a license therefor;
(b) The true and complete name(s), social security number(s), residence address(es), and date(s) of birth of the owner or owners of the building or structure within which the cardroom is proposed to be maintained;
(c) The true and complete name(s), social security number(s) residences address(es), and date(s) of birth of the person or persons to whom it is requested that a cardroom license be issued; (1) If the proposed licensee is an individual, the application shall set forth that individual's name, residence and business address, social security number, and date of birth;

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(2) If the proposed license is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and its local address. In addition, the names, addresses, social security numbers, and dates of birth of the president and secretary, and the names, addresses, social security numbers, and dates of birth of each shareholder who owns or will own more than ten (10) percent of all outstanding shares of the corporation shall be provided;
(3) If the proposed licensee is a partnership, the application shall set forth the full name of all of the partners, and the firm name under which they do business, the addresses, social security numbers, and dates of birth of all such partners shall also be given; (d) A set of clearly identifiable fingerprints and photographs of all of the persons required to be named in the application;
(e) A statement of any other cardroom licenses or permits issued to the proposed licensee or permittee within the past five (5) years and identifying the issuing jurisdiction and any licenses or permits which have been revoked;
(f) A statement that the applicant understands and agrees that any business or activities conducted or operated under such application shall be operated in full conformity with all the laws of the state, and with the applicable laws and regulations of this city, and that any violation of any such laws or regulations in such a place of business, or in connection therewith, shall render any permit and license therefor subject to suspension or revocation;
(g) A statement that the applicant understands and agrees that if a license is issued, the chief of police or designated representative shall have authority to inspect the premises and record of any licensee without a search warrant. Those city agencies required to investigate the cardroom premises shall have reasonable access to the premises, and applicants, to enable those agencies to properly and thoroughly conduct their investigation;
(h) The license fee as established by resolution of the City Council of the City of El Centro. (Ord. No. 99-9, § 1)
Sec. 4-76.5. License—Investigation—Grant or denial.
(a) Upon receipt of a complete application for a cardroom license, the city finance department shall forward a copy to the chief of police with a request that an investigation of the applicant be conducted. The director of the city finance department shall not issue a license or permit without the clearance of the applicant by the chief of police. The clearance shall not be issued for any applicant if any of the following circumstances apply:
(1) The applicant does not possess a current permit in good standing from the attorney general of the State of California to operate a cardroom.
(2) Either the applicant himself or herself, or any person specified in section 4-76.4(c)(1), (2) or (3):
a. The applicant is under the age of twenty-one (21) years; b. Has had a previous cardroom license or registration permit revoked for cause by any jurisdiction within the past five (5) years; or
c. Has been convicted of a misdemeanor involving dishonesty or moral turpitude (as described in California Business and Professions Code section 19859(c)) within the past ten (10) years or has been convicted of a felony, convicted of any crime involving gambling, or convicted of a violation of the gambling Control Act codified at Business and Professions Code section 19800 et seq. and specifically section 19859(d)) thereof. Crimes of moral turpitude may include but are not limited

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to offenses involving dishonesty (such as theft, fraud and extortion), lotteries, gambling, larceny, perjury, bribery, prostitution and illicit drugs.
(3) The applicant has made a false statement in the application for the permit. (b) Applicants denied a license shall be notified in writing by the director of the city finance department of the reason(s) for such denial.
(Ord. No. 99-9, § 1; Ord. No. 04-12, § 1, 1-5-05)
Sec. 4-76.6. Revocation of license.

A license to operate a cardroom may be revoked or suspended for any of the following reasons:
(a) The attorney general revokes the owner's operator's state permit. (b) The owner or manager of the cardroom violated any of the provisions in this chapter. (c) The owner or manager of the cardroom is convicted of a felony, convicted of any state or federal law involving gambling including but not limited to a violation of the Gambling Control Act codified at Business and Professions Code section 19800 et seq. and specifically section 19859 thereof. (d) The owner fails to inform the director of the city finance department of any change in employment status of a registered employee within ten (10) days of the change in employment. "Change in employment status" shall include termination of employment, leave of absence, promotion or other change in job title.
(Ord. No. 99-9, § 1; Ord. No. 04-12, § 1, 1-5-05)
Sec. 4-76.7. Registration permit—Application.
(a) Application for the registration permit required pursuant to section 4-76.3(b) hereof shall be made to the chief of police on forms to be provided by the police department. The application shall certify the contents of the application under penalty of perjury, and shall be signed by the applicant. (b) Each and every applicant, prior to the beginning of any employment in a cardroom, shall submit an application for a cardroom registration permit to the city police department during normal business hours. (c) Each applicant shall also:
(1) Be fingerprinted for the purpose of completing a criminal background check; (2) Be photographed;
(3) Provide any other information that the chief of police may require. (d) The information received by the chief of police pursuant to the provisions of this section shall be treated as confidential, shall not be mixed or included in any criminal history files, and shall be accessible only to the chief of police, his, or her designated representatives, and the licensee of the respective licensed cardroom. (Ord. No. 99-9, § 1)
Sec. 4-76.8. Registration permit—Investigation—Grant or denial. (a) Upon receipt of all information required pursuant to section 4-76.7, the chief of police shall make an investigation of the applicant, which shall include but not be limited to making contact with the division of

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gambling control of the state department of justice. Within thirty (30) days after receipt of the above information, the chief of police shall either grant or deny a registration permit to the applicant. A permit shall not be issued to any person who:
(1) Would be disqualified based on any of the applicable licensing criteria set forth in California Business and Professions Code section 19859;
(2) Has had a previous cardroom license or registration permit revoked for cause by any jurisdiction within the past five (5) years; or
(3) Has been objected to in writing by the division of gambling control of the state department of justice.

Crimes of moral turpitude may include, but are not limited to, offenses involving dishonesty (such as theft, fraud and extortion), illegal lotteries, gambling, larceny, perjury, bribery, prostitution and illicit drugs. Applicants denied a registration permit shall be notified in writing by the chief of police, or his or her designee, of the reason(s) for such denial.
(b) When the chief of police approves the application of any person for a cardroom registration permit, the chief of police shall issue such person an identification card, which shall be worn in sight, by the permit holder, according to regulations established by the chief of police. (Ord. No. 99-9, § 1; Ord. No. 04-12, § 1, 1-5-05)
Sec. 4-76.9. License or registration permit—Scope—Renewal.

Each license or permit shall only allow the conduct of the business therein licensed, and only by the specified licensee or registration permit holder, and only at the place of business therein specified. Each license or permit issued shall be valid only for the fiscal year for which it was issued, and must be renewed for each subsequent fiscal year. In connection with the renewal of each such license or permit, the licensee or registration permit holder shall furnish the license or permit renewal fee established by resolution of the city council, and the city finance department may require that a complete new application form be filed, pursuant to the requirements of sections 4-76.4 and 4-76.7, and the chief of police may carry out an investigation as specified in sections 4-76.5 and 4-76.8.
(Ord. No. 99-9, § 1)
Sec. 4-76.10. Hearing an denial, suspension or revocation. (a) Any applicant, license or permittee who is aggrieved by any action taken in regard to a cardroom license or registration permit may request an appeal hearing before the city council. Request for such hearing shall be in writing and filed with the city clerk, not later than ten (10) days after the action appealed from was taken, and shall state the grounds upon which the aggrieved party claims there was improper denial, suspension or revocation of his or her license or registration permit. (b) Upon receipt of such request for hearing, the matter shall be set for hearing not later than thirty (30) days thereafter. The city manager may stay the suspension or revocation pending decision on the appeal. Written notice of the time and place of hearing on the matter shall be given by the city clerk to the aggrieved party.

The city council and the appellant shall be provided a report on this action. (c) Upon hearing the matter, the city council may take such action or make such orders as the council deems just and proper in the disposition of the matter.
(Ord. No. 99-9, § 1)

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Sec. 4-76.11. Alcoholic beverages prohibited.

No person shall possess alcoholic beverages within any cardroom. No cardroom owner, operator or employee shall allow alcoholic beverages to be stored, sold, served or consumed within any cardroom. (Ord. No. 99-9, § 1)
Sec. 4-76.12. Intoxicated persons prohibited.

No cardroom owner, operator or employee shall permit any person to play any cardroom game while such person is obviously under the influence of intoxicating beverage or drug. (Ord. No. 99-9, § 1)
Sec. 4-76.13. Location requirements.

In the interest of promoting the public peace, safety and general welfare, cardrooms shall be prohibited in any of the following locations:
(a) A parcel with residential zoning.
(b) Within six hundred (600) feet of the following uses:
(1) A public or private preschool or K-12 school;
(2) A licensed hospital, medical clinic, alcohol or other drug abuse recovery or treatment facility, or community care residential facility providing mental health/social rehabilitation services; (3) A public park or playground; or
(4) A public library.
(Ord. No. 99-9, § 1)
Sec. 4-76.14. Wagering limits.
(a) No cardroom owner, operator or employee shall permit a person making aggregate bets in excess of two hundred forty-nine dollars ($249.00) in the same hand. However, simultaneous hands or betting squares by the same player is permitted.
(b) House players are permitted so long as such players are identified as such. (Ord. No. 99-9, § 1; Ord. No. 04-12, § 1, 1-5-05)
Sec. 4-76.15. Required posting.

The following information must be posted in a conspicuous place in the cardroom:
(a) The minimum buy in, table limits, and any other charges assessed of players at a table. Players shall not be charged based on the amount of the bets made, the size of the "pot," the winnings collected, or the amount of money changing hands.
(b) A set of detailed house rules applicable to the games played, which shall be posted in the form of a printed rule book.

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(c) A copy of the current valid city permit and the state permit issued by the attorney general under the Gambling Control Act.
(d) Copies of the identifying badges of each owner, operator and employee. (e) Each cardroom's hours of operation.
(f) If the cardroom is to remain open between the hours of 2:00 a.m. and 6:00 a.m., a notice that a security guard who has a current license or permit under chapter 16, article IX of this Code shall be on duty on the premises.
(g) A notice that doors of the cardroom shall remain unlocked during all hours of operation. (h) A notice of the wagering limits established pursuant to section 4-76.14 of this chapter. (Ord. No. 99-9, § 1)
Sec. 4-76.16. Identification.

Each owner, operator and employee of a cardroom (including without limitation a house player) shall wear an identifying badge approved by the chief of police and bearing on its face a legend identifying the bearer, while the owner, operator, or employee is in or around the cardroom premises. The badge shall be worn in a location visible to the public. If a person required to wear a badge is present during a card game, the badge shall be worn in a location easily visible to all persons playing in the card game. (Ord. No. 99-9, § 1; Ord. No. 04-12, § 1, 1-5-05)
Sec. 4-76.17. Number of card tables permitted.

A maximum of three card tables within the City of El Centro shall be permitted. There shall be no more than ten (10) players and one dealer at any table.
(Ord. No. 99-9, § 1)
Sec. 4-76.18. Number of cardrooms permitted.

A maximum of one cardroom shall be permitted to operate within the City of El Centro. (Ord. No. 99-9, § 1)
Sec. 4-76.19. Nonassignability of license.

Any time a cardroom changes ownership, the new owner must apply and qualify for a cardroom license as provided by this chapter. No license may be sold, transferred, or assigned by the permittee or by operation of law.

Any sale, transfer or assignment, or attempt to sell, transfer or assign, the license shall be deemed to constitute a voluntary surrender of such license which shall thereafter be deemed terminated and void. This section does not restrict the right of any cardroom owner to sell, transfer or assign ownership interest in the cardroom itself. (Ord. No. 99-9, § 1)

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Sec. 4-76.20. Use of blank checks prohibited.

No cardroom owner, operator or employee shall accept or cash any personal check which does not bear a dollar amount on the face of the check.
(Ord. No. 99-9, § 1)
Sec. 4-76.21. Gamblers Anonymous literature.

All cardrooms shall make literature published by Gamblers Anonymous easily available in a visible location in the cardroom.
(Ord. No. 99-9, § 1)
Sec. 4-76.22. Security measures.

All cardrooms shall adopt a written plan, reviewed and approved in advance by the chief of police, to provide for the safety and security of patrons. In addition, each cardroom shall take the following security measures:
(a) The business records, papers, reports, audits, and books of account shall be made available for inspection and copying by the director of administrative services. (b) Any owner, operator or employee of the cardroom shall have an affirmative duty to immediately report all crimes occurring on the premises to the chief of police. (Ord. No. 99-9, § 1)
Sec. 4-76.23. Hours of operation.

Card tables or cardrooms may operate twenty-four (24) hours a day. It is unlawful for any owner, proprietor, manager or other person having charge or control of any public place kept for the purpose of playing cards to permit any person other than such owner, proprietor or manager and the employees regularly employed in and about the same, to enter, remain or be therein between the hours of 2:00 a.m. and the hour of 6:00 a.m. of each and every day of the week, including Sunday; unless, if during the hours of 2:00 a.m. and 6:00 a.m., when the cardroom is open, a security guard who has a current license or permit under chapter 16, article IX of this Code is on duty on the premise. The doors of a cardroom shall remain unlocked during all hours of operation. (Ord. No. 99-9, § 1)
Sec. 4-76.24. Loitering prohibited.

No cardroom owner, operator or employee shall permit any person to loiter within the cardroom while card games are in progress.
(Ord. No. 99-9, § 1)
Sec. 4-76.25. Prohibited games.

This chapter is not intended to permit or license any business for the playing of any game prohibited by the laws of the State of California, nor to permit or license any employee for such unlawful purpose.

15.a
Packet Pg. 113 Attachment: Exhibit A - Ch. 4 Art. III Cardrooms (6051 : Cardroom Ordinance Update) Created: 2023-02-14 14:51:36 [EST]
(Supp. No. 120)

Page 10 of 10 ends

(Ord. No. 99-9, § 1)
Sec. 4-76.26. Exceptions to chapter regulations.

The provisions set forth in this chapter shall not apply to card tables maintained in any bona fide hotel, or in any private residence or clubroom, where, for the use of which, no consideration is charged. (Ord. No. 99-9, § 1)
Sec. 4-76.27. Violation; penalty.

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each person is guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation and is punishable therefor as provided by this chapter.
(Ord. No. 99-9, § 1)
Sec. 4-76.28. Card games.

Every person conducting, managing or carrying on as a business lawful games played with cards either by maintaining or conducting such business alone or in connection with other business or businesses, shall pay a license tax of one thousand two hundred dollars ($1,200.00) upon granting the application and one hundred and fifty dollars ($150.00) per month for all tables not exceeding three (3) and forty-five dollars ($45.00) per month for each table in excess of three (3).
(Ord. No. 99-9, § 1)
Sec. 4-76.29. Expiration of card room license for nonuse; renewal. (a) Any card room license granted pursuant to the provisions of this division but under which the thing herein permitted has not been done, carried on or maintained within six (6) months from the time of the issuance or renewal of such permit, shall expire by limitation and cease to be valid for any purpose. (b) The director of the city finance department may renew such license upon written application being made prior to its expiration.
(Ord. No. 99-9, § 1)
Secs. 4-77—4-93. Reserved.

15.a
Packet Pg. 114 Attachment: Exhibit A - Ch. 4 Art. III Cardrooms (6051 : Cardroom Ordinance Update) May 9, 2023
Cedric Ceseña
Interim City Manager
City of El Centro
1275 W. Main Street
El Centro, CA 92243
Re: Casino Azul LLC’S Pending Purchase of Tommy’s Casino and Saloon Dear Mr. Ceseña:

Casino Azul LLC is in the process of purchasing the Tommy’s Casino and Saloon business and is excited to work with the City of El Centro to reopen the cardroom in the City.

Casino Azul LLC is a new business venture that I and my wife Hiba Attisha are embarking on after we have built a successful car wash business based in San Diego County.

Casino Azul LLC, my wife, and I are all in the process of applying for cardroom owner licenses issued by the California Gambling Control Commission. As the licensing process with the state is moving forward, we are happy to provide the City with some initial information about our plans to relocate the cardroom and to work with the City through the local licensing process.

El Centro’s current cardroom ordinance provides a robust regulatory scheme for cardroom licensing and operations that aligns with state law. (El Centro Muni. Code §§ 4-76.1 et seq.) As the expected successors in interest to the Tommy’s Casino and Saloon business, we anticipate reopening the cardroom in a new location in the City. The new cardroom location would ideally be permitted to open with five gaming tables and operate within the hours permitted under current City and California state law. Adjacent to the cardroom, we are also planning on opening a restaurant and bar to give El Centro adults new entertainment and dining options in town.

We understand the City may need to update its zoning ordinance to accommodate the reopening of a cardroom, and are happy to work with the City to streamline this process as much as possible. We also understand there may be some initial administrative work required by the City to develop the local cardroom license application materials, and are eager to work with the City to ensure the local licensing process runs as efficiently as possible as well.

Thank you for your consideration of these matters, and we look forward to working closely with the City on the next steps in this process.

Sincerely,

Lorens Attisha
CEO, Soapy Joes Cars Wash

15.b
Packet Pg. 115 Attachment: Exhibit B - Casino Azul Introductory Letter (6051 : Cardroom Ordinance Update) City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Appointment
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6154) DOC ID: 6154
Discussion and any necessary action regarding appointment to the Planning Commission to fill two scheduled vacancies with terms ending October 3, 2027.

CITY MANAGER’S RECOMMENDATION:

Mayor's Recommendation: Appointment to the Planning Commission to fill two scheduled vacancies with term ending October 3, 2027.

ATTACHMENTS:
• Planning Commission Vacancy Memo 10-03-23 (DOC)
• Kayla Kirby_Redacted (PDF)
16 Packet Pg. 116

M E M O R A N D U M
TO: Mayor Cardenas-Singh & City Council
FROM: Norma Wyles, City Clerk
RE: Planning Commission Vacancies
DATE: October 3, 2023
PLANNING COMMISSION:

Two (2) scheduled vacancies with new terms ending October 3, 2027.

The following individuals would like to be considered for re-appointment:

1. Ashley Bertussi

2. Andy Alvarez
The following individual would like to be considered for appointment:

1. Kayla Kirby

16.a
Packet Pg. 117 Attachment: Planning Commission Vacancy Memo 10-03-23 (6154 : Appointment to Planning Commission)

16.c
Packet Pg. 118 Attachment: Kayla Kirby_Redacted (6154 : Appointment to Planning Commission)

16.c
Packet Pg. 119 Attachment: Kayla Kirby_Redacted (6154 : Appointment to Planning Commission) City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Appointment
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6140) DOC ID: 6140
Discussion and any necessary regarding the appointment of voting delegate and alternate for National League of Cities (NLC) Annual Business Meeting at the conclusion of the City Summit in Atlanta, Georgia on November 15-18, 2023.

CITY MANAGER’S RECOMMENDATION:

Mayor's Recommendation: Appointment of voting delegate and alternate.

The National League of Cities (NLC) Annual Business Meeting will be held on Saturday, November 18, at 2:00 p.m. Mayor Pro-Tem Sylvia Marroquin and Council Member Tomás Oliva are registered to attend this conference.
17 Packet Pg. 120
City Council of the City of El Centro Meeting: 10/03/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Informational
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 6148) DOC ID: 6148
Imperial and Villa local emergency update
FISCAL IMPACT:

No impact to the general fund. Potentially $1.1 million to $1.3 million in Wastewater enterprise funds.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

NA
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

On June 9, 2023, during a routine sewer main inspection, a large void was discovered in a sewer inspection hole wall at the Imperial Avenue and Villa Avenue Intersection. A large void was discovered under the intersection on the other side of said hole. Staff implemented traffic control measures to protect the area from collapsing and producing additional damage.

City Code Section 2-185.14 provides that the City Manager is authorized to task direct emergency repairs and notify the Council of that action.

A Local Emergency Proclamation was approved by the City Council on June 26, 2023.

Per Cal. Gov't Code Section 22050, staff will return with an update on the emergency every Council meeting for review until the repairs are complete.

UPDATE:

Caltrans encroachment permit was obtained and bypass system has been installed.

Initial repairs have begun. During the first week of October, we will begin to fill the hole and then follow with repair of the manhole.

The following vendors/contractors have assisted with the work. Below is rough order of magnitude figures expected for the work.

Pyramid Construction - Road force main crossing - $385,000 Rove Engineering - Manhole repairs - $380,000
Rain for Rent - Sewer Bypassing system - $350,000
18 Packet Pg. 121
Information Item (ID # 6148) Meeting of October 3, 2023 The work with Pyramid and Rove Engineering will be added to existing contracts with said contractors. City staff will return to Council to authorize the funding at the October 3, 2023 Council meeting.
18 Packet Pg. 122

El Centro City CouncilOctober 3, 2023

El Centro City Council
October 3, 2023