El Centro City Council
December 5, 2023

AGENDA

CITY OF EL CENTRO

CITY COUNCIL/CITY COUNCIL AS

SUCCESSOR AGENCY TO THE

REDEVELOPMENT

AGENCY/SUCCESSOR HOUSING
AGENCY
TUESDAY, DECEMBER 5, 2023
City Hall Joint 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 December 5, 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&omn=89249781837 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:

Agenda City Council of the City of El Centro December 5, 2023 City of El Centro Page 2
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.

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATORS
City representatives: City Manager, Human Resources Director and Patrick Clark, Consultant will meet with the City Council to receive instructions regarding negotiating regarding salaries, salary schedules or compensation paid in the form of fringe benefits for the Employee Organization: Certified Water Treatment Plant Operators, Certified Water Treatment Operators and Certified Water Distribution Operators/Sewer Unit.

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 pursuant to Govt. Code Section 54956.9(d)(4): one case.

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 there will be litigation initiated against the City under Govt. Code Section 54956.9(d)(2).

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 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.

Agenda City Council of the City of El Centro December 5, 2023 City of El Centro Page 3
RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

ROLL CALL BY CITY CLERK

PLEDGE OF ALLEGIANCE

INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:15 (TIME MAY VARY) PUBLIC COMMENTS:

The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:20 - CONSENT AGENDA (ITEMS 1-2)

1. Approval of City Council Minutes of November 7, 2023, November 15, 2023 and November 21, 2023.

2. 2nd Reading and Adoption of Ordinance No. 23-06, AN UNCODIFIED

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO
APPROVING THE FIRST RENEWAL OF ORD. NO. 22-06 REGARDING THE

CONTINUING USE OF ANNUAL MILITARY EQUIPMENT PURSUANT TO THE POLICY OF THE EL CENTRO POLICE DEPARTMENT, waive reading and adopt by title only.
6:20-6:35 - CONTINUED PUBLIC HEARINGS:

3. Public hearing to consider the recommendation of the Planning Commission regarding the Vasquez Apartments Negative Declaration No. 22-04 PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING NEGATIVE DECLARATION 22-04 (SCH# 2023-060637) FOR PROJECT: Change of Zone 22-05, and General Plan Agenda City Council of the City of El Centro December 5, 2023 City of El Centro Page 4
Amendment 22-05, a proposed zone change from R1 (Single-Family Residential) to R3 (Multiple Family Residential), and General Plan Amendment for consistency with the Zoning Map, located at 1274 West Pico Avenue, further identified by APN 044-261-010.

4. Public hearing to consider the recommendation of the Planning Commission regarding Vasquez Apartments Zone Change No. 22-05
PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:

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

THE CITY OF EL CENTRO AMENDING THE ZONING MAP FOR THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE NO. 22-05, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

5. Public hearing to consider the recommendation of the Planning Commission regarding the Vasquez Apartments General Plan Amendment No. 22-05 PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING GENERAL PLAN AMENDMENT NO. 22-05

CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY

RESIDENTIAL TO HIGH-MEDIUM RESIDENTIAL FOR PROPERTY WITH APN 044-261-010 AND LOCATED AT 1274 PICO AVENUE, AND DECLARING SAME

TO BE THE FIRST GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2023.
6:35-6:45 - NEW BUSINESS:

6. Discussion and any necessary action regarding the award of the Commercial Ave. Improvements Project
PRESENTATION: Abraham Campos, PE - Public Works Director / City Engineer
RECOMMENDATION:

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

CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE COMMERCIAL AVE.

IMPROVEMENTS PROJECT
Agenda City Council of the City of El Centro December 5, 2023 City of El Centro Page 5
6:45-7:00 - SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY:

7. Discussion and related action regarding the sale of surplus land along Industry Way and further identified by Assessor's Parcel Number: 054-310-051 PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE SUCCESSOR AGENCY TO

THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY TO HANS CO. LLC LEGISLATIVE ACTION:

INFORMATIONAL ITEMS

8. Received and referred to Community Development Department, Application for Alcoholic Beverage License Union 76 525 N La Brucherie, El Centro, CA 92243-9575
7:00-7:30 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER

REPORTS
7:30-7:40 - 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: 12/05/23 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 # 6215) DOC ID: 6215
Approval of City Council Minutes of November 7, 2023,
November 15, 2023 and November 21, 2023.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of November 7, 2023, November 15, 2023 and November 21, 2023.

ATTACHMENTS:
• 11-07-2023 Regular CC Minutes (PDF)
• 11-15-2023 Special Meeting CC Minutes (PDF)
• 11-21-2023 Regular CC Minutes (PDF)
1 Packet Pg. 6
Book 37

REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, NOVEMBER 7, 2023 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, November 7, 2023 at 11:38 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, Garcia City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans

CLOSED SESSION PUBLIC COMMENT
No public comments were received.

CITY COUNCIL CLOSED SESSION
Moved by Oliva, second by Garcia, 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 by the City litigation pursuant to Govt. Code Section 54956.9(d)(4): one case

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 there will be litigation initiated against the City under Govt Code Section 54956.9(d)(2).

EXISTING 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 need to discuss existing litigation to which the City is a party: City of El Centro v. LAFCO.

Motion unanimously carried.

Closed Session concluded at 1:20 p.m.

City Council recessed to 6:00 p.m.

1.a
Packet Pg. 7
Attachment: 11-07-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) Book 37

OPEN SESSION
The El Centro City Council met in a joint regular session on Tuesday, November 7, 2023 at 6:07 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Council Member Garcia and Invocation was given by Council Member Carter.

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session.

PUBLIC COMMENTS
Public comments were received by Lee Hernandez, IID Governmental Affairs Specialist and Gary Redfern.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Certificate of Recognition for Paul Maxwell, California Paramedic Foundation, presented by Fire Chief Bernal.

CONSENT AGENDA (ITEMS 2-6)
Moved by Oliva, second by Marroquin, approving consent items # 2-6.

2. Approval of City Council Minutes of October 2, 2023 (Special Meeting) and October 3, 2023.

3. Adoption of Resolution No. 23-104, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO ACCEPTING GRANT FUNDS ALLOCATED TO THE CITIZENS OPTION FOR PUBLIC SAFETY PROGRAM FUNDED FOR FY 2021-2022 THROUGH THE STATE OF CALIFORORNIA LOCAL SAFETY AND PROTECTION ACCOUNT.

4. Approved Plans and Specifications for the East Main Evan Hewes Highway Rehabilitation Project CRASL 5169 (057) and authorize staff to release for public bidding.

5. Approved Bid Documents for the CDBG Commercial Façade Improvement Program and authorize the Community Services Department to send out to bid.

6. Adoption of Resolution No. 23-105, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AUTHORIZING THE SUBMITTAL OF ALL INDIVIDUAL GRANT

APPLICATIONS FOR ALL GRANT PROGRAMS FOR WHICH THE CITY OF EL CENTRO IS ELIGIBLE.

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

1.a
Packet Pg. 8
Attachment: 11-07-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) Book 37

PUBLIC HEARING

7. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding the Vasquez Apartments Negative Declaration No. 22-04. Mayor CardenasSingh opened the public hearing and continued the public hearing to December 5, 2023.

8. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding the Vasquez Apartments Zone Change 22-05. Mayor Cardenas-Singh opened the public hearing and continued the public hearing to December 5, 2023.

9. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding the Vasquez Apartments General Plan Amendment No. 22-05. Mayor CardenasSingh opened the public hearing and continued the public hearing to December 5, 2023.

10. This was the date and time set for a public hearing for Zoning Ordinance Text Amendment 23-01 – allowing cardrooms in the CG-General Commercial Zone, presentation by Angel Hernandez, Director of Community Development. Mr. Hernandez asked that this public hearing be cancelled. The Ordinance needs to be sent to the Bureau of Gaming Control of the State of California, for review and comment. Item will be returning to City Council at a future meeting for action. Item was tabled for a future meeting.

NEW BUSINESS

11. Approval of the creation of the Multimedia Content Creator position as described in job description, presentation by Dulce Bedolla, Human Resource Director.

Moved by Garcia, second by Marroquin, approval of the creation of the Multimedia Content Creator position as described in job description.

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

12. Presentation by Abraham Campos, PE, - Public Works Director/City Engineer, award of Police Station Construction Project.

Moved by Garcia, second by Cardenas-Singh,

1. Approval of FY24 budget amendment and appropriations as presented in Exhibit A.

2. Adoption of Resolution No. 23-106, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE CONSTRUCTION OF THE CITY OF EL CENTRO POLICE STATION.

3. Approved project budget as presented on this report.

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

1.a
Packet Pg. 9
Attachment: 11-07-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) Book 37

13. Moved by Oliva, second by Garcia, approval of a Service Truck for Street Maintenance Division

1. Appropriate additional funding as presented. To shift FY24 expenditure of $65,000 from Measure P to ARPA and to approve $7,300 out of ARPA so total funding expenditure out of ARPA is $72,273.06.

2. Adoption of Resolution No. 23-107, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF A SERVICE TRUCK FOR STREET MAINTENANCE DIVISION.

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

14. Moved by Oliva, second by Carter, ratify Letter of Support requested by San Diego State University for Community Food Projects Competitive Grant Program Planning Project.

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

15. Presentation by Adriana Nava, Community Services Director, discussion and necessary action regarding the award of bid and authorizing the execution of a contract for the Swarthout Park Field Lighting Project. Javier Villaverde, Park Supervisor, explained what type of issues were in the protest letter from ACE Electric.

Moved by Marroquin, second by Oliva, adoption of Resolution No. 23-108, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING

THE EXECUTION OF A CONTRACT FOR THE SWARTHOUT PARK FIELD LIGHTING PROJECT.

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

16. Moved by Marroquin, second by Carter, adoption of Resolution No. 23-109, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING THE EXECUTION OF AN

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE EMBELLECE (BEAUTIFY) EL CENTRO PROJECT.

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

1.a
Packet Pg. 10
Attachment: 11-07-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) Book 37

LEGISLATIVE
None

INFORMATIONAL ITEMS

17. Received and referred to Community Development Department, Application for Alcoholic Beverage License El Guerro Tacos & Beer 1560 Ocotillo Dr., Ste. K, El Centro, CA 92243-4237.

18. Received and referred to Community Development Department, Application for Alcoholic Beverage License La Birrieria Red Tacos #2, El Centro, CA 92243.

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 7:39 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

1.a
Packet Pg. 11
Attachment: 11-07-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) Book 37

SPECIAL MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
WEDNESDAY, NOVEMBER 15, 2023 5:30 P.M.

The El Centro City Council met in a regular session on Wednesday, November 15, 2023 at 5:32 p.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
City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Marroquin, Garcia (Excused)

CLOSED SESSION PUBLIC COMMENT
No public comments were received.

CITY COUNCIL CLOSED SESSION
Moved by Oliva, second by Cardenas-Singh, 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 by the City pursuant to Govt. Code Section 54956.9(d)(4): one case Motion carried.

Closed Session concluded at 6:12 p.m.

City Council recessed to 6:13 p.m.

OPEN SESSION
The El Centro City Council met in a joint regular session on Wednesday, November 15, 2023 at 6:13 p.m. in Conference Room A, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Carter, Oliva, Cardenas-Singh
City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Marroquin, Garcia (Excused)
Pledge of Allegiance to the flag of the United States of America was led by Council Member Oliva and Invocation was given by Council Member Carter.

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session.

1.b
Packet Pg. 12
Attachment: 11-15-2023 Special Meeting CC Minutes (6215 : Approval of City Council Minutes) Book 37

PUBLIC COMMENTS
No public comments received.

NEW BUSINESS

1. Moved by Cardenas-Singh, second by Carter, adoption of Resolution No. 23-110, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO OPPOSING THE LOCAL AGENCY FORMATION COMMISSION’S ACTION OF ANY KING ON THE EXPANSION OF PIONEERS MEMORIAL HOSPITAL DISTRICT.

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

ADJOURNMENT
With no further business the meeting was adjourned at 6:23 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

1.b
Packet Pg. 13
Attachment: 11-15-2023 Special Meeting CC Minutes (6215 : Approval of City Council Minutes) Book 37

REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, NOVEMBER 21, 2023 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, November 21, 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, Garcia City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans

CLOSED SESSION PUBLIC COMMENT
No public comments were received.

CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Carter, 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 by the City pursuant to Govt. Code Section 54956.9(d)(4): one case EXISTING 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 need to discuss existing litigation to which the City is a party: City of El Centro v. LAFCO.

Motion unanimously carried.

Closed Session concluded at 2:00 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, November 21, 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 Josiah Simraft, 4th grader at Corfman Middle School, assistant to the Mayor, and Invocation was given by Council Member Carter.

1.c
Packet Pg. 14
Attachment: 11-21-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) Book 37

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session. In addition, I believe you would like to add an item at the end of the meeting, regarding Christmas Tree Ornament Program or event. If that could be added by vote, by the Council. It is number 9a.
*ADDED ITEM TO AGENDA – 9A.

Motion by Marroquin, second by Garcia to add items no. 9A. Christmas Tree Ornament Program, a partnership with the Imperial Valley Regional Chamber to support local business owners during the holiday season.

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

PUBLIC COMMENTS
Public comments were received by Marty Ellett.

CONSENT AGENDA (ITEMS 1-6)
Moved by Garcia, second by Oliva, approving consent items # 1-6.

1. Approval of Warrant Registers for the Month of October 2023.

2. Approval of Payroll Registers for the Month of October 2023.

3. Approval of Treasurer’s Report for the Month of October 2023.

4. Approval of City Council Minutes of October 17, 2023.

5. Approval of the updates/revisions made to the guidelines and procedures of the Proclamation Policy Statement No. 605 for the issuance of plaques identifying building of cultural and/or historic interest and significance.

5. Adoption of Resolution No. 23-111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDMENT NO. 1 EXTENDING THE LETTER OF INTENT WITH THE EL

CENTRO REGIONAL MEDICAL CENTER AND THE UNIVERSITY OF CALIFORNIA SAN DIEGO HEALTH FOR INTERIM MANAGEMENT.

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

1.c
Packet Pg. 15
Attachment: 11-21-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) Book 37

NEW BUSINESS

7. Moved by Oliva, second by Carter, approval of the requested sponsorship from Black Lives Matter Imperial Valley. City Council recommended the amount of $500 for this sponsorship.

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

8. Presentation by Adriana Nava, Community Services Director, establishment of priorities for CDBG Program Year 2024-2025, Community Development Block Grant Funding Cycle. Provide direction and/or recommendation as to what will be City Council’s funding priorities for the Community Development Block Grant (CDBG) Program year 2024-2025. Council Member Oliva would like to see that there is enough funding to cover all requested projects. Council Member Garcia would like know how the grant money was spent from those agencies that received funding from the CDBG program. Council Member Garcia and Mayor Pro-Tem Marroquin asked that the City continue to fund the Senior Nutrition Program. Council also asked that funding be available for the sidewalk programs.

For Direction Only.
*9a. Presentation by Mayor Cardenas-Singh, to bring back the Christmas Tree Ornament Program, a partnership with the Imperial Valley Regional Chamber to support local business owners during the holiday season. Local businesses can bring/drop off their business ornaments and they will be placed on the Christmas Tree at City Hall by the City Managers office. The cut-off date is December 20, 2023. For Information Only.

9. Moved by Garcia, second by Cardenas-Singh, introduction of Ordinance No. 23-06, AN

UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE FIRST RENEWAL OF ORD. NO. 22-06 REGARDING THE CONTINUING

USE OF ANNUAL MILITARTY EQUIPMENT PURSUANT TO THE POLICY OF THE EL CENTRO POLICE DEPARTMENT, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

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

LEGISLATIVE
None

INFORMATIONAL ITEMS

17. Received and referred to Community Development Department, Application for Alcoholic Beverage License El Guerro Holiday Inn El Centro, CA 92243-4557.

18. Southern California Gas Company notice of request to increase rates for the Catastrophic event memorandum account and the COVID-19 Pandemic Protections Memorandum Account Application No. 23-11-003.

1.c
Packet Pg. 16
Attachment: 11-21-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) Book 37

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 6:59 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

1.c
Packet Pg. 17
Attachment: 11-21-2023 Regular CC Minutes (6215 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 12/05/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Ordinance
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6214) DOC ID: 6214
2nd Reading and Adoption of Ordinance No. 23-06,
Continuing Use of Annual Military Equipment
CITY MANAGER’S RECOMMENDATION:
2nd Reading and Adoption of Ordinance No. 23-06, AN UNCODIFIED ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE FIRST RENEWAL OF ORD. NO. 22-06 REGARDING THE CONTINUING USE OF ANNUAL

MILITARY EQUIPMENT PURSUANT TO THE POLICY OF THE EL CENTRO POLICE DEPARTMENT, waive reading and adopt by title only.

ATTACHMENTS:
• ORDINANCE NO. 2023-006 MILITARY EQUIPMENT (DOCX)
2 Packet Pg. 18
10/2023/cdz/A23-0206/Ord/MilitaryEquipment
ORDINANCE NO. 23-06

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EL CENTRO APPROVING THE FIRST RENEWAL OF ORD. NO 22-06

REGARDING THE CONTINUING USE OF

ANNUAL MILITARY EQUIPMENT PURSUANT TO THE POLICY

OF THE EL CENTRO POLICE DEPARTMENT
SECTION 1. Findings. The City Council of the City of El Centro finds as follows:

A. Ordinance No. 22-06 made certain findings and adopted the Police Department’s military use Policy, as currently posted on the Police Department website as required by AB 481 (Govt. Code Sections 7070-7075) regarding the use of certain military equipment (as defined in those Sections) by law enforcement agencies.

B. Assembly Bill 481 allowed the City Council to approve the funding, acquisition, or use of military equipment and a Police Department Policy (the “Policy”) for such use within the City upon making specified findings at a duly noticed public hearing; C. At an open session held on April 19, 2022, during a regular City Council meeting conducted pursuant to the Ralph M. Brown Act, the City Council considered the presentation of the Police Department and any public testimony and based upon thereon, the City Council found as follows and reviewed and approved the Policy:
a The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
b The proposed military equipment use policy will safeguard the public’s welfare,safety, civil rights, and civil liberties; and c If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
d Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
D. After adoption of Ordinance 22-6, for the Police Department to continue to possess and use the identified military equipment, the Police Department must provide an annual report which regarding the use of the identified military equipment. There have been no change in the type of military equipment possessed or used by the Police Department.

2.a
Packet Pg. 19
Attachment: ORDINANCE NO. 2023-006 MILITARY EQUIPMENT (6214 : 2nd Reading and Adoption of Ordinance 23-06 - Military Equipment Use 10/2023/cdz/A23-0206/Ord/MilitaryEquipment
E. Annual Report. Govt. Code Section 7072(a) requires a law enforcement agency that receives approval for a submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

F. The annual military equipment report shall include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

G. The Police Department now has prepared that annual report, attached and incorporated as Exhibit 1.

Posting: State law also requires that the Police Department make such annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

H. Public Meeting: Govt. Code Section 7072(b further requires that within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. The Police Department has released the military report on ________ and has scheduled a community engagement meeting for ____________ to be located at __________.

SECTION 2. The City Council of the City of El Centro does ordain as follows:

A. The Findings set out above are true and correct and adopted.

2.a
Packet Pg. 20
Attachment: ORDINANCE NO. 2023-006 MILITARY EQUIPMENT (6214 : 2nd Reading and Adoption of Ordinance 23-06 - Military Equipment Use 10/2023/cdz/A23-0206/Ord/MilitaryEquipment
B. The City Council of the City of El Centro hereby approves and adopts the annual military report attached as Exhibit 1.

C. Ordinance 22-06 is renewed in its entirety as supplemented by this ordinance No. 23-06 SECTION 3. Term: This ordinance shall take effect 30 calendar days from the date of its adoption and shall be renewed as provided by state law.

SECTION 4.

INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 21st day of November, 2023.

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

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

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

Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Ordinance No. 23-06 had its first reading on the 21st day of November, 2023, and had its second reading on day of , 2023, and was passed by the following vote:

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

2.a
Packet Pg. 21
Attachment: ORDINANCE NO. 2023-006 MILITARY EQUIPMENT (6214 : 2nd Reading and Adoption of Ordinance 23-06 - Military Equipment Use 10/2023/cdz/A23
-0206/Ord/MilitaryEquipment
AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

2.a
Packet Pg. 22
Attachment: ORDINANCE NO. 2023-006 MILITARY EQUIPMENT (6214 : 2nd Reading and Adoption of Ordinance 23-06 - Military Equipment Use City Council of the City of El Centro Meeting: 12/05/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Public Hearing
Prepared By: Andrea Montano
TABLED Department Head: Angel Hernandez
RESOLUTION (ID # 6143) DOC ID: 6143
Public hearing to consider the recommendation of the
Planning Commission regarding the Vasquez Apartments
Negative Declaration No. 22-04
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING NEGATIVE DECLARATION 22-04 (SCH# 2023-060637) FOR PROJECT: Change of Zone 22-05, and General Plan Amendment 22-05, a proposed zone change from R1 (Single-Family Residential) to R3 (Multiple Family Residential), and General Plan Amendment for consistency with the Zoning Map, located at 1274 West Pico Avenue, further identified by APN 044-261-010 FISCAL IMPACT:

No fiscal impact.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 5- Enhance the quality of life in El Centro by promoting community engagement and investing in new opportunities that foster civic pride and city beautification through community accountability.

Action 5.1: Encourage and incentive building rehabilitation and infill development of vacant and unused properties.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

Not applicable.

BACKGROUND:

On August 29, 2023 the Planning Commission held a public hearing to consider Negative Declaration 22-04, Change of Zone 22-05 and General Plan Amendment 22- 05 for the project located at 1274 W. Pico Avenue, also known as APN 044-261-010.

The project site is 300 linear feet west of the intersection of North Imperial Avenue and Pico Avenue (Refer to Exhibit A-Location Map). Calipatria Rentals LLC, applicant and property owner, in the care of Carlos Vasquez, wishes to change the current zoning from R-1 (Single Family Residential) to R-3 (Multiple Family Residential). Concurrent with the re-zone, a general plan amendment is required to amend the Land Use Map for consistency with the Zoning Map (Refer to Exhibit B-Zoning Map and Exhibit C-Land Use Map). The Applicant is requesting the re-zoning of their property so that an apartment complex may be built at the site which is prohibited in the current R-1 zone.

Because the property at 1274 W. Pico Avenue, also known as APN 044-261-010, is zoned R-1 (Single Family Residential), the proposed residential project would require a 3 Packet Pg. 23
Resolution (ID # 6143) Meeting of December 5, 2023
Change of Zone and General Plan Amendment. To summarize, the City Council is being requested to consider the following items related to the project:

1. Certification of the Negative Declaration prepared for the project.

2. Approval of General Plan Amendment 22-05 designating 1274 W. Pico Avenue, also known as APN 044-261-010, from Low Density Residential to High-Medium Residential use.

3. Approval of Change of Zone 22-05 to zone 1274 W. Pico Avenue, also known as APN 044-261-010, from R1 (Single Family Residential) to R3 (Multiple Family Residential).

DISCUSSION:

General Plan Amendment 22-05- The project will require an amendment to the City’s General Plan. Specifically, the amendment will redesignate 1274 W. Pico Avenue, also known as APN 044-261-010, from Low Density Residential to High-Medium Density Residential. This would allow for the residential development proposed by the applicant to occur and would be consistent with development to the west and east of the project site.

Change of Zone 22-05- The proposed multifamily development would require the R-3 (Multiple Family Residential) Zoning Designation. The zoning classification will be consistent with General Plan Amendment 22-05. The R-3 is compatible with the zoning designation around an provide sufficient barrier between the CG-General Commercial uses to the west and the R-1 Single-Family Residential uses to the east. The R-3 Zone would permit the development of apartment projects with densities of up to 25 dwellings units per acre.

Negative Declaration:

The proposed General Plan Amendment (22-05) and Change of Zone (22-05) are subject to the California Environmental Quality Act (CEQA). Staff originally determined that the project would require a mitigated negative declaration. The public review period for the Notice of Intent to Adopt a Mitigated Negative Declaration began on June 23, 2023 and ended on July 24, 2023. Comments were not received from members of the public during the review period. Agency comments were received by the Imperial Irrigation District. The following is a summary of the comments received from the Imperial Irrigation District, for the formal letter please refer to Exhibit D:
• Provided contact information for Ignacio Romo, IID Project Development Service Planner, to begin the electrical service procedures. Part of this will require examination of the limited electrical capacity in the area which may require a circuit study and potential upgrades.
• Any required IID Rights-of-Way for final project infrastructure will require formal easements to be obtained and prepared by a licensed land surveyor. • Provided information for IID Real Estate Department and additional directive should any construction or operations take place on IID Property both existing and proposed.
• A ten (10) foot public utility easement will be required on both sides of the 3 Packet Pg. 24
Resolution (ID # 6143) Meeting of December 5, 2023
public and private road connection.
• Construction activities shall adhere to section 7.1 of the Imperial County Air Pollution Control District CEQA Handbook.

Comments received were determined to be procedural in nature and did not contain formal mitigation language. Therefore, the Planning Director reduced the project from a Mitigated Negative Declaration to a Negative Declaration, please refer to Exhibit E.

At the August 29, 2023 meeting, the Planning Commission unanimously recommended approval of the zone change, general plan amendment, and negative declaration, prepared in conformance with the California Environmental Quality Act. The proposed change of zone and general plan amendment would be compatible with the existing land uses of the area and with the policies of the General Plan. Because of this, it is being recommended that City Council consider and approve the Negative Declaration, change of zone, and general plan amendment. For your consideration please find attached Exhibit F a resolution for Negative Declaration 22-04.

At the November 7, 2023 City Council meeting a public hearing was opened and continued to the December 5, 2023 City Council Meeting. Staff will provide a presentation regarding the project before the City Council at the December 5, 2023.

CONCLUSION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING NEGATIVE DECLARATION 22-04 (SCH# 2023-060637) FOR PROJECT: Change of Zone 22-05, and General Plan Amendment 22-05, a proposed zone change from R1 (Single-Family Residential) to R3 (Multiple Family Residential), and General Plan Amendment for consistency with the Zoning Map, located at 1274 West Pico Avenue, further identified by APN 044-261-010 HISTORY:
11/07/23 City Council DEFERRED
ATTACHMENTS:
• Exhibit A- Project Location Map (PDF)
• Exhibit B- Zoning Map (PDF)
• Exhibit C- Land Use Map(PDF)
• Exhibit D- IID Agency Comment Letter (PDF)
• Exhibit E- Negative Declaration (PDF)
• Exhibit F- Resolution (DOCX)
3 Packet Pg. 25
City St
Pico Ave
Imperial Ave
12th St
Bradshaw Dr
El Dorado Ave
Rose Ave
Oleander Ave
Villa Ave
12th St 12th St
Maxar
1274 Pico Avenue Apartments
CEQA, GPA and COZ
¯
Project
Location Map
0 120 240 480 720 960
Feet
Parcel Lines
1274 Pico Apartments COZ and GPA

3.a
Packet Pg. 26
Attachment: Exhibit A- Project Location Map (6143 : Vasquez Apartments Negative Declaration 22-04)

3.b
Packet Pg. 27
Attachment: Exhibit B- Zoning Map (6143 : Vasquez Apartments Negative Declaration 22-04)

3.c
Packet Pg. 28
Attachment: Exhibit C- Land Use Map (6143 : Vasquez Apartments Negative Declaration 22-04)

3.d
Packet Pg. 29
Attachment: Exhibit D- IID Agency Comment Letter (6143 : Vasquez Apartments Negative Declaration 22-04)

3.d
Packet Pg. 30
Attachment: Exhibit D- IID Agency Comment Letter (6143 : Vasquez Apartments Negative Declaration 22-04) -1-
Environmental Checklist - Initial Study

MITIGATED NEGATIVE DECLARATION

VASQUEZ APARTMENTS

CALIPATRIA RENTALS LLC
1274 PICO AVENUE
APN 044-261-010
JUNE 2023
Prepared By:

Andrea Montano, Associate Planner
City of El Centro
Community Development Department
Planning & Zoning Division
1275 W. Main Street

3.e
Packet Pg. 31
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -2-

ENVIRONMENTAL CHECKLIST/INITIAL STUDY

1. Project title: Vasquez Apartments

2. Lead agency name and address:

City of El Centro
1275 W. Main Street
El Centro, CA 92243

3. Contact person and phone number:

Andrea Montaño, Associate Planner (760) 337-4545

4. Project location:
300 linear feet west of the northwest corner of Pico Avenue and 12th Street in El Centro, CA with a physical address of 1274 Pico Avenue with Assessors Parcel Number: 044-261-010 (Refer to Figure 1-Location Map).

5. Project sponsor's name and address:

Carlos Vasquez
Calipatria Rentals, LLC
P.O. Box 54
Imperial, CA 92251

6. General Plan designation:

Current- Low Density Residential
Proposed- High Density Residential

7. Zoning designation:

Current- R1 (Single-Family Residential)
Proposed- R3 (Multiple Family Residential)

8. Description of project: The project consists of a change of zone (COZ 22-05) and general plan amendment (GPA 22-05) effecting 2.39 acres of disturbed land located within the City of El Centro, California. Calipatria Rentals, LLC, the property owner and applicant, wishes to construct two (2) two-story apartment buildings at the project site for a total of fifty-six (56), residential units. There will be forty two (42) two-bedroom units that will measure 787 square feet. The remaining sixteen (16) bedroom units will be three-bedroom units that will measure one thousand and eighty (1,080) square feet. The property is currently zoned R1, which prohibits the construction of multifamily residential units. The applicant is requesting a change of zone from R1 to R3, which permits multifamily residential units. An amendment to the General Plan is being requested to designate the project site’s land use from Low Density Residential to High-Medium Density Residential in conformance with the proposed R3 Zone.

During the public review period staff received comments from the Imperial Irrigation District(IID) that electrical capacity is limited in the Project Area. During the electrical service connection phase the IID will formally review the project which may require a circuit study. Upgrades, including but not limited to new, relocations, modification or reconstruction, to infrastructure may be needed. If this is the case it will also require appropriately deeded rights-of-way and easements.

9. Surrounding land uses and setting: The site consists of a 165-foot by 630-foot undeveloped parcel located in the northern portion of the City of El Centro. There are dilapidated wood structures onsite that will be removed. Please see Figure 2 – Site Photographs The site was previously used for agriculture purposes as late as 1971 per aerial imaging.

3.e
Packet Pg. 32
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -3-
The project is located in the El Dorado neighborhood, located in the northern portion of the City of El Centro. The area was annexed in 1994, and mostly consists of single-family residences and large areas of vacant land previously used for agriculture purposes. Please see Figure 1 – Location Map of the project site and sounding uses. Uses immediately surrounding the project site are as follows:

North: Vacant land and single family homes
East: Vacant land and single family homes
South: Vacant land and single family homes
West: Vacant land, single family homes and self-storage facility.

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.)
None

3.e
Packet Pg. 33
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -4-

3.e
Packet Pg. 34
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -5-

3.e
Packet Pg. 35
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -6-
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics Agriculture & Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology & Soils Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology & Water
Quality Land Use & Planning Mineral Resources
Noise Population & Housing Public Services
Recreation Transportation & Traffic X
Tribal Cultural
Resources
Utilities and Service
Systems Wildfire Mandatory Findings of Significance
DETERMINATION:

On the basis of this initial evaluation:

X
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document in accordance with applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Angel Hernandez, AICP, Director of Community Development Date

3.e
Packet Pg. 36
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -7-
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources cited. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained when it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6) Include references to information sources for potential impacts. Reference to a previously-prepared or outside document should, where appropriate, include a reference to the page. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s 8) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance

3.e
Packet Pg. 37
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -8-
Issues:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS – Except as provided in Public Resources Code Section 21099, Would the project:
a) Have a substantial adverse effect on a
scenic vista? X
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
X
c) In nonurbanized areas, substantially
degrade the existing visual character or quality
of public views of the site and its
surroundings? (Public views are those that are
experienced from publicly accessible vantage
point). If the project is in an urbanized area,
would the project conflict with applicable
zoning and other regulations governing scenic
quality?
X
d) Create a new source of substantial light or
glare that would adversely affect day or
nighttime views in the area?
X
Explanation:
(a-b) The project is located in a developed portion of the City of El Centro, which lies on relatively flat topography. Notable scenic vistas are limited to distant views of the Superstition Hills, Mt. Signal and the peninsular mountain ranges to the west. Views of these vistas are obscured by trees and existing development to the west. Given the location of the property in a developed portion of the city, the lack of scenic resources at the vacant project site, and that existing development to west obscures distant views of mountains, it is determine that the project will not have an adverse impact on a scenic vistas or damage scenic resources including but not limited to, trees, rock outcroppings, or historic buildings within a state scenic highway as there are none in the vicinity of the project site. (c) The project site is completely vacant and surrounding properties consist of single-family residential homes, vacant land, a mini storage facility, and medical and professional office plaza further to the west. If granted, the change of zone will allow for the development of two (2) apartment buildings that will contain fifty-six (56) units within an existing residential area. New residential development will adhere to the El Centro Municipal Code’s Section 29-54 Residential Zone Design standards. Because the site is vacant and the surrounding areas also consist of single-story residential uses, the proposed project will not degrade the visual character of the area. d) The project will not create a new source of substantial light or glare that would adversely affect day or nighttime views of the area.

3.e
Packet Pg. 38
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -9-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
II. AGRICULTURE & FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding state’s inventory of forest land, including the Forest and Range Assessment project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping
and Monitoring Program of the California
Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
X
c) Conflict with existing zoning for, or cause,
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined, by the Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined by
Governmental Code section 51104(g))?
X
d) Result in the loss of forest land or
conversion of forest land to non-forest use? X
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
Explanation:
(a-b) The project site is designated as Urban and Built Up Land under the 2018 Farmland Mapping and Monitoring Program of the California Resources Agency. Urban and Built-Up Land is defined as builtup land occupied by structures with a building density of at least 1 unit to 1.5 acres. As such, the proposed project site will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.

Given that the proposed project site is not zoned for agricultural use, the project will not conflict with any Williamson Act contract.
(c) Currently, the land is zoned for single-family residential uses. As such, the project will not conflict with existing zoning for, or cause, rezoning of, forest land, timberland, or timberland zoned Timberland Production.
(d) The project will not result in the loss of forest land or conversion of forest land to non-forest use as the site is zoned for single family residential land uses and does not consist of forest land. (e) The proposed project will not involve other changes in the existing environment which could result in the conversion of farmland to non-agricultural use or conversion of forest land to non-forest use. Pursuant

3.e
Packet Pg. 39
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -10-
to the Farmland Mapping and Monitoring Program land to the north, east, south and west is designated Urban and Built-Up land. There is no forest land near the project area or within the project area; thus, there will be no impact to forest lands.

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan? X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations? X
d) Expose sensitive receptors to substantial
pollutant concentrations? X
e) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
X
Explanation:
(a-c) The project will allow for the construction of up to fifty-six (56) dwelling units. The development would be required to comply with all Imperial County Air Pollution Control District rules and regulations and obtain a permit for construction activities including the preparation of a dust control plan. All new residential development is required to pay an operational development fee to mitigate the emissions from new residences including increase vehicle emissions and power generation emissions per ICAPCD Rule 310. The development would also be required to adhere to the Imperial County Air Pollution Control District Rules and Regulations, specifically Rule VII and Rule III. (d) A sensitive receptor is a person in the population who is particularly susceptible to health effects due to exposure to an air contamination. Sensitive receptor land uses include, schools, child-care centers, playgrounds, hospitals, retirement homes, and single/multi-family residential. The project is located in a single-family residential neighborhood. Dust and heavy equipment emissions will occur during construction, however, the applicant will be required to comply with ICAPCD regulations to reduce construction activates from impacting nearby homes.
(e) The proposed project will allow the development of medium-density residential development. Uses that may generate any objectionable odors are prohibited in all residential areas and no noxious fumes or odors would result from construction or the operation residences.

3.e
Packet Pg. 40
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -11-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IV. BIOLOGICAL RESOURCES -- Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, and regulations or by the
California Department of Fish and Wildlife or
US Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
Hydrological interruption, or other means?
X
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
X
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
X
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
X
Explanation:
(a) The Programmatic Environmental Impact Report for the El Centro General Plan Update (2021) assessed the potential impacts to fish and wildlife species within the El Centro city limits and within the sphere of influence. The western burrowing owl is the one species identified in the document with potential to have habitat within portions of the city of El Centro and the surrounding areas. Specifically, the western burrowing owl has adapted to frequently use highly cultivated and disturbed areas such as agricultural lands. Because the project site consists area developed for residential uses, has not been used for agricultural uses since at least 1971, nor are there adjacent areas or property in the vicinity with the potential of habitat, there would be no impacts to any species identified as a candidate, sensitive, or

3.e
Packet Pg. 41
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -12-
special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. (b-f) The project site consists of vacant land within an urbanized area and devoid of any vegetation, bodies of water or wildlife corridors that could sustain wildlife or lead to the establishment thereof.

Thus, the proposed project will not have a substantial adverse effect on any riparian habitat, or a substantially adverse effect on federally protected wetlands, or interfere with the movement of any native resident or migratory fish or wildlife species. Therefore, no impacts to biological resources would result from the proposed project.

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
V. CULTURAL RESOURCES -- Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined
in §15064.5?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to
§15064.5?
X
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
X
d) Disturb any human remains, including those
interred outside of formal cemeteries? X
Explanation:
(a-d) The project site is mostly vacant aside from existing dilapidated wooden structures previously used for residential purposes. In the unlikely event of the discovery of human remains during construction, State law (Section 7050.5 of the Health and Safety Code, and Section 5097.94 of the Public Resources Code of the State of California) requires that there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until local authorities are notified and proper notification protocols followed.

3.e
Packet Pg. 42
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -13-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VI. Energy -- Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project construction
or operation?
X
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency? X
Explanation:
(a-b) The proposed project involves the development of apartments. During construction there is negligible amounts of energy used to operate machinery necessary to build residential units. As required by State Law, the owner will be required to adhere to the current California Green Code and submit Title 24 Energy Calculations for design. Title 24 Building Energy Efficiency Standards are designed to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings.

3.e
Packet Pg. 43
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -14-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VII. GEOLOGY AND SOILS -- Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:

X
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.

X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss
of topsoil? X
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks or alternative
waste water disposal systems where sewers are
not available for the disposal of waste water?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
Geologic feature?
X
Explanation:
(a-f) The project is located in Imperial County, a seismically active area of southern California. Several faults are within the vicinity of the City; however, no faults or faults zones are located within the City limits per fault zone maps provided by the California Department of Conservation. Because the City is located in the seismically active Imperial Valley, the City is considered likely to be subjected to moderate to strong ground motion from earthquakes in the region, especially from earthquakes along the Imperial, Brawley, and Superstition Hills faults. Ground motions are dependent primarily on the earthquake magnitude and distance to the rupture zone. Acceleration magnitudes are also dependent upon attenuation by rock and soil deposits, direction or rupture, and type of fault. Liquefaction generally occurs when granular soil below the water table is subjected to vibratory motions, such as those produced by earthquakes. As a result, ground motions and liquefaction may vary considerably in the same general area.

The proposed project will require implementation of project design measures and adherence to the

3.e
Packet Pg. 44
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -15-
California Building Code. Implementation of these design and building techniques would reduce the impacts to a level that is less than significant. The proposed project site is not located on an unstable geologic unit. The proposed project would not induce geologic or soil instability on or offsite. A geology and soils study shall be prepared with a clear identification of site-specific measure to ensure geotechnical stability and submitted as part of the building permit process.

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VIII. GREENHOUSE GAS EMISSIONS -- Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
X
b) Conflict with any applicable plan, policy or
regulation of an agency adopted for the
purpose of reducing the emissions of
greenhouse gases?
X
(a,b) Increase greenhouse gas emissions from construction activities, electricity generation and additional vehicle trips will be less than significant. The proposed project would not generate significant greenhouse gas emissions that could significantly impact the environment. The project will also not conflict with any applicable plan, policy or regulation adopted for the purposes of reducing greenhouse gas emissions.

3.e
Packet Pg. 45
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -16-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IX. HAZARDS AND HAZARDOUS MATERIALS Would the project:
a) Create a significant hazard to the public or
the environment through the routine transport,
use, or disposal of hazardous materials?
X
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?
X
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
X
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project result
in a safety hazard or excessive noise for
people residing or working in the project area?
X
f) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
X
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
X
Explanation:
(a-c) The project will result in the residential development and will not use, transport or dispose hazardous materials. The proposed project is not within one quarter of a mile of a school. (d) The site is not listed as a hazardous waste and substances site list on Geotracker. (e) Imperial County Airport is located approximately 1.5 miles to the northwest of the project site. A Land Use Compatibility Plan has been established for the Imperial County Airport located 1.5 miles to the northwest of the project site. However, the project site is not within the plan area. The project will not result higher buildings than already allowed and will not result in a safety hazard for people living within the project area.
(f) The project does not involve a land use or activity that could interfere with emergency-evacuation plans for the area.
(g) The project site is located within an urbanized area, far removed from wildland areas.

3.e
Packet Pg. 46
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -17-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X. HYDROLOGY AND WATER QUALITY -- Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
X
b) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
X
c) Substantially alter the existing drainage
pattern of the site or area, including through the
alteration of the course of a stream or river, in a
manner which would result in substantial
erosion or siltation on- or off-site?
X
i.) Result in a substantial erosion or
situation on- or off-site;
ii.) Substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on- or offsite;
iii.) Create or contribute runoff water
which would exceed the capacity
of existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
iv.) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
X
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
X
Explanation:
(a-b) The project would not violate any water quality standards or discharge requirements. The project would also not deplete ground water resources as potable water is available to the site. (c-e) While the project will result in development at the site and will increase the area of impervious surfaces it is not located in a floodzone. Prior to issuance of any buildings permits, a grading and drainage plans shall be prepared in accordance with City storm water requirements to reduce the amount of surface runoff. Implementation of City storm water requirements and regulations will result in in a less than significant impact resulting from surface runoff.
(f) The proposed project will not otherwise degrade water quality.

3.e
Packet Pg. 47
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -18-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XI. LAND USE AND PLANNING - Would the project:
a) Physically divide an established
community?
X
b) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the purpose
of avoiding or mitigating an environmental
effect?
X
Explanation:
(a) The proposed project will not physically divide an established community. The project will result in the construction of new housing on vacant land within a residential neighborhood. (b) The proposed project will change the zone from R1 (Low Density Residential) to R3 (Multiple Family Residential) of 0.5 acres of vacant land for the purposes of constructing two(2) apartment buildings that will house 56 apartment units which are permitted in the R3 zone. If approved the change of zone will allow construction of up to sixty (60) dwelling units at the project site. Land uses surrounding the property consist of single-family homes and vacant land. Concurrently an amendment to the General Plan will also be processed to modify the land use map to be consistent with the new zoning designation.

XII. MINERAL RESOURCES -- Would the project:

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
X
b) Result in the loss of availability of a
locally-important mineral resource recovery
site delineated on a local general plan, specific
plan or other land use plan?
X
Explanation:
(a,b) The project site is within an urban area and is not identified in the General Plan as having any known mineral resource value or as being located within any mineral resource recovery site.

3.e
Packet Pg. 48
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -19-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIII. NOISE Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of
standards established in the local general plan
or noise ordinance, or applicable standards of
other agencies?
X
b) Generation of excessive groundborne
vibration or groundborne noise levels?
X
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project expose people
residing or working in the project area to
excessive noise levels?
X
Explanation:
(a-b) The proposed project will involve construction of two (2) apartment buildings that will house fiftysix (56) apartment units and potential roadway improvements and resulting in temporary increase of noise and groundborne vibration levels in the area. Noise levels during the construction may temporary exceed noise levels as established in the Noise Element of the General Plan, however they shall be required to meet noise City requirements for the operation of construction equipment. Noise generated at the duplexes will be within noise levels for residential areas.
(c) The project site is not located within an airport land use plan and as such exposure to residents at the project site from aircraft noise will be less than significant.

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIV. POPULATION AND HOUSING –
Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
X
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
X
Explanation:
(a) The proposed project will result in the construction of up to fifty-six (56) new dwelling units. Estimates from the US Census, estimates an average household size of 3.27 persons per households. Using this data,

3.e
Packet Pg. 49
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -20-
XV. PUBLIC SERVICES
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire protection? X
Police protection? X
Schools? X
Parks? X
Other public facilities? X
Explanation:
(a) The City of El Centro Fire Department (ECFD) provides service within the City Limits. Additionally, ECFD responds to mutual aids throughout the Imperial Valley and the State when requested through mutual aid agreements with Imperial Valley Fire Departments and the State of California. The ECFD has three (3) stations staffed on a 24-hour basis to serve the public as follows: Station #1 is located at 775 State Street, Station #2 is located at 900 S. Dogwood Avenue, and Station #3 is located at 1910 N.

Waterman Avenue. The Fire Department logged an average response time of approximately 4 to 6 minutes for emergency calls and 10 to 15 minutes for non-emergency calls. It is not anticipated that the construction of fifty-six (56) dwelling units will result in substantial adverse physical impacts to fire facilities. The project site is adjacent to El Centro Fire Station #3 and would be served by this station.

The City of El Centro Police Department (ECPD) is the primary law enforcement agency that serves the citizens of the City and land within the City boundaries. The Police Department has a main police station, located at 150 N. 11th Street. The City of El Centro has a total of 54 sworn officers, employs 28 non-sworn personnel and has an average emergency response time of 7-10 minutes. The construction of fifty-six (56) dwelling units will not significantly increase the demand of police protection and will not require the construction of new police facilities.

The project may generate additional demand to schools, parks or other public facilities however it will not significantly increase the demand of public facilities. Furthermore, new development will be subject to development impact fees to mitigate increases for demand of schools, parks, fire protection, police projection, and administrative facilities. This will result in a less than significant impact to public services. it is estimated that that the project will house one hundred and eighty-four (184) persons, resulting a less than significant population growth.
(b) The project will construction residential dwellings on vacant land and will not result in the displacement of housing or people.

3.e
Packet Pg. 50
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -21-
XVI. RECREATION. --
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
X
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on the
environment?
X
Explanation:
(a, b) The project will slightly increase the use of existing neighborhood and regional parks or other recreational facilities, however not to a level that would lead to substantial physical deterioration of recreational facilities as the proposed project will not induce a significant increase in the population. Prior to issuance of a building permit, development impact fees for parks will have to be paid to offset increase park and recreational facility use. The proposed project will not induce population growth to a degree large enough that would require the expansion of recreational facilities that would have an adverse effect on the environment.

3.e
Packet Pg. 51
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -22-
XVII. TRANSPORTATION-- Would the project:

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
X
b) Conflict or be inconsistent with CEQA
Guidelines § 15064.3, subdivision (b)?
X
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
X
d) Result in inadequate emergency access? X
Explanation:
(a) The proposed project will allow the construction of up to fifty-six (56) dwelling units at the project site with an expected 378 daily trips generated is not anticipated to reduce the performance or lead to congestion on adjacent roadways. The site is 300 linear feet from the intersection of North Imperial Avenue and Pico Avenue which are designated as 6-Lane Arterial and 2-Lane Collector respectfully per the Mobility Element of the General Plan. Arterial roadways are high capacity roadways designed intended to connect collector roads to freeways and or highways. Collector roadways are designed to serve secondary traffic generators such as high density or large scale residential areas. Furthermore, the project site is within 0.3 miles from Imperial Avenue and 8th Street both designated as Arterial streets in the General Plan. Considering the expected low increase of traffic generated to the site and proximity to major roadways the project will not have a significant impact to City’s traffic circulation system. (b) The City of El Centro adopted the Transportation Study Guidelines in June 2022 in order to ensure consistency and conformance with all applicable City and State regulations. Using the screening map using the El Centro VMT Dashboard we were able to determine that the project is located in a VMT Efficient Area. Therefore, the project will not conflict with an applicable congestion management program, including level of service standards, travel demand measures, or other standards established by the City or the county congestion management agency. e e) The proposed project will not increase hazards due to a design feature as the proposed project does not involve construction that would increase hazards. The project would not result in inadequate emergency access. (c)The proposed project does not propose any hazardous design features or uses that would be incompatible with the surrounding transit.
(d) The proposed project will not result in inadequate emergency access.

3.e
Packet Pg. 52
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -23-
XVIII. TRIBAL CULTURAL RESOURCES -- Would the project:

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project cause a substantial
adverse change in the significance of a tribal
cultural resource, defined in Public Resources
Code § 21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural
value to a California Native American Tribe,
and that is:

X
i.) Listed or eligible for listing in
the California Register of
Historical Resources, or in a
local register of historical
resources as defined in Public
Resources Code section 5020.
1(k), or
X
ii.) A resource determined by the
lead agency, in its discretion
and supported by substantial
evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public
Resources Code § 5024.1, the
lead agency shall consider the
significance of the resource to a
California Native American
Tribe.

X
Explanation:
(a) The project site is not listed in the California Register of Historical Resources or in a local register of historical resources. Pursuant to SB18 and AB52, the 14 tribes included in the consult list provided by the Native American Heritage Commission. To date, staff has not received comments from any tribe. In addition this site has been previously developed with homes. While it is unlikely that there are going to be any resources on site, should any be uncovered during construction, the developer shall stop construction and contact City Staff for additional instruction. Staff will immediately contact all tribes.

3.e
Packet Pg. 53
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -24-
XIX. UTILITIES AND SERVICE SYSTEMS. Would the project:

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
X X
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
X
c) Result in a determination by the waste water
treatment provider, which serves or may serve
the project that it has adequate capacity to
serve the projects projected demand in
addition to the provider’s existing
commitments?
X
d) Generate solid waste in excess of state or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
X
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X
Explanation:
(a) The El Centro Wastewater Treatment Plant (WWTP) has the capacity to accommodate 8.0 million gallons of wastewater per day. The treatment plant would be able to treat additional wastewater as it has sufficient capacity. The project site is connected to the City’s sewer system. The project may result in the construction of up to sixty (60) new dwelling units and require paying applicable wastewater capacity fees to offset impacts from the increase wastewater generated. During the public review period staff received comments from the Imperial Irrigation District(IID) that electrical capacity is limited in the Project Area. During the electrical service connection phase the IID will formally review the project which may require a circuit study. Upgrades, including but not limited to new, relocations, modification or reconstruction, to infrastructure may be needed. If this is the case it will also require appropriately deeded rights-of-way and easements.
(b) The proposed project will not require or result in the construction of water or wastewater treatment facilities. As such, there will no environmental impacts due to the construction of water and wastewater treatment facilities. Both, water and wastewater treatment facilities have the capacity to continue to serve the project.
(c) The project will not require the construction of new storm water facilities. Thus, there will be no impact to storm drain facilities.
(d) The City of El Centro Water Treatment Plant (WTP) is permitted through the State Department of

3.e
Packet Pg. 54
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -25-
Public Health and has a capacity of 14 million gallons per day and has the available capacity to serve the project site. The City of El Centro receives raw water from the Imperial Irrigation District and treats the raw water for consumption for use by its customers. The City of El Centro has sufficient water supplies available to serve the project from existing entitlements and resources and no new or expanded entitlements are needed to serve the site.
(e) The current solid waste service provider is CR&R Waste Services, who has sufficient landfill capacity to serve the project site. The City of El Centro has renewed its contract with CR&R through 2027. Any future development at the site must comply with all applicable federal, state and local statutes and regulations pertaining to solid waste.

XX. WILDFIRE. -- If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
X
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines,
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
X
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
X
Explanation:
(a- d) This location is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones.

3.e
Packet Pg. 55
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -26-
XXI. MANDATORY FINDINGS OF SIGNIFICANCE. --
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
X
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
X
c) Does the project have environmental effects
that will cause substantial adverse effects on
human beings, either directly or indirectly?
X
Explanation:
(a-c) The project will result in the development of up to sixty (60) dwelling units within a 2.39 acres of vacant and previously disturbed land. The project will result in an increase in traffic generated up to 378 new trips per day. In addition, the project is located in a VMT efficient area which complies with the City of El Centro adopted Transportation Study Guidelines. Overall, the proposal will not have a significant impact on the environment as project will result in a minimal development on vacant property in a developed area within the City Limits of El Centro. While existing electrical capacity in the area is limited, any proposed improvements are not significant and would be subject to the requirements of the Imperial Irrigation District.

3.e
Packet Pg. 56
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -27-

FINDINGS
The environmental analysis of this Initial Study indicates that the proposed project would not have the potential for significant adverse environmental impacts. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines, as based on the results of this environmental assessment:

The proposed project would not have the potential to degrade the quality of the environment and would not reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. • The proposed project would not have the potential to achieve short-term goals at the expense of long-term environmental goals.
• The proposed project would not have immitigable environmental impacts, which are individually limited but cumulatively considerable, when considering planned or proposed development in the immediate vicinity of the site. The proposed project would not cumulatively lead to significant adverse impacts that cannot be mitigated to a level of less than significance, when added to proposed, planned, or anticipated development in the area.
• The proposed project would not have environmental impacts, which may have adverse effects on humans, either directly or indirectly.
• The City of El Centro has determined that the proposed project would not have significant adverse impacts on the environment and no additional environmental analysis. The City of El Centro intends to adopt a Negative Declaration for proposed Change of Zone 22-05 and General Plan Amendment 22-05.

SOURCE REFERENCES
The following is a list of references used in the preparation of this environmental document.

Unless attached herein, copies of all referenced reports, memorandums and letters are on file with the City of El Centro Community Development Department – Planning & Zoning Division.

References to Publications prepared by Federal or State agencies may be found with the agency responsible for providing such information.
1) California Building Code, based on 2021 IBC
2) City of El Centro General Plan, adopted June 2021.
3) City of El Centro General Plan Update – Programmatic Environmental Impact Report, adopted June 2021.
4) City of El Centro Traffic Study Guidelines, adopted June 2022. 5) City of El Centro Zoning Code, adopted June 2021.
6) County of Imperial. GIS Map Data. Retrieved from <new.geoviewer.io> on May 1, 2023. 7) Imperial County Air Pollution Control District Rules and Regulations, revised October 20, 2012.
8) Natural Resources Conservation Service, United States Department of Agriculture. Soil Survey of Imperial County, California: Imperial Valley Area .1981. 9) City of El Centro Housing Element, adopted March 2022.

3.e
Packet Pg. 57
Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) 10/2023/cdz/A23-0201/Reso/AdoptingNegDeclaration22-04 1 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO ADOPTING NEGATIVE DECLARATION 22-04 (SCH#
2023-060637) FOR
PROJECT: Change of Zone 22-05, and General Plan Amendment 22- 05, a proposed zone change from R1 (Single-Family Residential) to R3 (Multiple Family Residential), and General Plan Amendment for consistency with the Zoning Map, located at 1274 West Pico Avenue, further identified by APN 044-261-010
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines of 1970, as amended, a Negative Declaration is appropriate for the above-named project; and
WHEREAS, on the basis of the whole record, including the Initial Study for the abovenamed project and comments received, the City Council of the City of El Centro, California (the “City Council”) finds that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City of El Centro, California’s independent judgment and analysis; and
WHEREAS, the City Clerk and the Director of Community Development, both located at 1275 West Main Street, El Centro, California, are the custodians of the records of material which constitute the record of proceedings upon which the City Council’s decision is based in this matter.

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

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

2. That the Negative Declaration, a copy of which is on file at the Office of the City Clerk, on the above-named project is hereby adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 7
th day of November, 2023.

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

By
Norma Wyles, City Clerk

3.f
Packet Pg. 58
Attachment: Exhibit F- Resolution (6143 : Vasquez Apartments Negative Declaration 22-04) 10/2023/cdz/A23-0201/Reso/AdoptingNegDeclaration22-04 2

APPROVED AS TO
FORM:

Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )

COUNTY OF IMPERIAL )
ss CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the 7 th day of November, 2023,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

3.f
Packet Pg. 59
Attachment: Exhibit F- Resolution (6143 : Vasquez Apartments Negative Declaration 22-04) City Council of the City of El Centro Meeting: 12/05/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Public Hearing
Prepared By: Andrea Montano
TABLED Department Head: Angel Hernandez
ORDINANCE (ID # 6145) DOC ID: 6145
Public hearing to consider the recommendation of the
Planning Commission regarding Vasquez Apartments Zone
Change No. 22-05
CITY MANAGER’S RECOMMENDATION:

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

CITY OF EL CENTRO AMENDING THE ZONING MAP FOR THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE NO. 22-05, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

Please refer to Item no. 6143 for discussion regarding this item. An ordinance for the approval of Zone Change 22-05 is attached as Exhibit A.

CONCLUSION:

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

OF EL CENTRO AMENDING THE ZONING MAP FOR THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE NO. 22-05, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

HISTORY:
11/07/23 City Council DEFERRED Next: 12/05/23
ATTACHMENTS:
• Exhibit A-Ordinance (DOCX)
4 Packet Pg. 60
1 10/2023/cdz/A23-0201/Ordinance/AmendingZoningMap
ChangeofZone22-05
ORDINANCE NO. 23-__

ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO AMENDING THE ZONING MAP OF

THE CITY OF EL CENTRO PERTAINING TO
CHANGE OF ZONE 22-05

THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The Zoning Map of the City of El Centro, California is hereby amended to provide:
“The following property which consists of approximately 2.3 acres of land, located at 1274 West Pico Avenue, further identified by APN 044-261-010, is hereby re-zoned from R1 (Single-Family Residential) to R3 (Multiple Family Residential).” Section 2. This Amendment shall be given appropriate enumeration in the files of the City Clerk regarding the Zoning Map.

Section 3. This Ordinance shall take effect thirty (30) days from and after its adoption. Within fifteen (15) days after adoption, it shall be published once in a newspaper, published and circulated within the City of El Centro, California.

INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 7
th day of November, 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

4.a
Packet Pg. 61
Attachment: Exhibit A-Ordinance (6145 : Vasquez Apartments Zone Change 22-05) 2 10/2023/cdz/A23-0201/Ordinance/AmendingZoningMap
ChangeofZone22-05

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 Ordinance No. 23- had its first reading on the 7 th day of
November, 2023, and had its second reading on , 2023, and was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

4.a
Packet Pg. 62
Attachment: Exhibit A-Ordinance (6145 : Vasquez Apartments Zone Change 22-05) City Council of the City of El Centro Meeting: 12/05/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Public Hearing
Prepared By: Andrea Montano
TABLED Department Head: Angel Hernandez
RESOLUTION (ID # 6144) DOC ID: 6144
Public hearing to consider the recommendation of the
Planning Commission regarding the Vasquez Apartments
General Plan Amendment No. 22-05
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING GENERAL PLAN AMENDMENT NO. 22-05 CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO HIGHMEDIUM RESIDENTIAL FOR PROPERTY WITH APN 044-261-010 AND LOCATED AT 1274 PICO AVENUE, AND DECLARING SAME TO BE THE FIRST GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2023.

Please refer to Item no. 6143 for discussion regarding this item. A resolution approving General Plan Amendment 22-05 is attached as Exhibit A.

CONCLUSION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING GENERAL PLAN AMENDMENT NO. 22-05 CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO HIGHMEDIUM RESIDENTIAL FOR PROPERTY WITH APN 044-261-010 AND LOCATED AT 1274 PICO AVENUE, AND DECLARING SAME TO BE THE FIRST GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2023.

HISTORY:
11/07/23 City Council DEFERRED
ATTACHMENTS:
• Exhibit A- Resolution (DOCX)
5 Packet Pg. 63
1 10/2023/cdz/a23-0201/Reso/GeneralPlanAmendment
22-05ZoneChange
RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING GENERAL PLAN AMENDMENT 22-05

CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY

RESIDENTIAL TO HIGH-MEDIUM DENSITY RESIDENTIAL FOR
PROPERTY WITH APN 044-161-010 AND LOCATED AT 1274 WEST

PICO AVENUE, AND DECLARING SAME TO BE THE FIRST
GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2023
WHEREAS, Carlos Vasquez has initiated a request for a Zone Change and concurrent General Plan Amendment for the property located at 1274 West Pico Avenue on the parcel identified by APN 044-261-010; and
WHEREAS, the request requires an amendment to the General Plan Land Use Map from Low Density Residential to High-Medium Density Residential for the property further identified by APN 044-261-010, and containing an area of 2.3 acres; and WHEREAS, a public hearing was held by the Planning Commission on the proposed General Plan Amendment 22-05 on August 29, 2023 and no objections were filed with the Commission; and
WHEREAS, the Planning Commission, adopted Resolution 23-11 to recommend the approval of General Plan Amendment 22-05; and
WHEREAS, the proposed General Plan Amendment would not have a deleterious effect on the environment and is necessary and proper at this time for consistency with the City’s Zoning Map; and
WHEREAS, a Mitigated Negative Declaration (SCH# 2023060637) was prepared and considered for the proposal pursuant to the California Environmental Quality Act, as amended; and
WHEREAS, a public hearing was advertised in accordance with the law; and WHEREAS, a public hearing was held on the 7
th day of November, 2023 and the
petitioner was present, and heard, and no one was present to object to the petition nor were any objections filed with the City Council; and
WHEREAS, the proposed amendment would be compatible with the existing and planned land uses of the surrounding areas and would be in the best interest of the general health, safety, and welfare of the community.

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

5.a
Packet Pg. 64
Attachment: Exhibit A- Resolution (6144 : Vasquez Apartments General Plan Amendment 22-05) 2 10/2023/cdz/a23-0201/Reso/GeneralPlanAmendment
22-05ZoneChange

1. The foregoing is true, correct, and adopted.

2. That the City Council does hereby approve General Plan Amendment 22-05, a proposed amendment from Low Density Residential to High-Medium Density for property located at 1274 West Pico Avenue and further identified as 044-261-010.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 7
th day of November, 2023.

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

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

OFFICE OF THE CITY ATTORNEY
By:_____________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23-____ was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the 7 th day of November, 2023, by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By________________________________
Norma Wyles, City Clerk

5.a
Packet Pg. 65
Attachment: Exhibit A- Resolution (6144 : Vasquez Apartments General Plan Amendment 22-05) City Council of the City of El Centro Meeting: 12/05/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Resolution
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6212) DOC ID: 6212
Discussion and any necessary action regarding the award of the Commercial Ave. Improvements Project
CITY MANAGER’S RECOMMENDATION:

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

OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE COMMERCIAL AVE. IMPROVEMENTS PROJECT
FISCAL IMPACT:

No impact to the General Fund
401-3277-710106 SB1LPP $ 351,329.60
205-3277-710106 LTA MEASURE D $ 351,329.60
Total $ 702,659.20
Budget includes a 10% contingency, funded equally by both funding sources.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 Environmental Sustainability & Infrastructure, Ensure the City's infrastructure is enhanced and maintained to support existing and future development through innovative and sustainable principles. Action 2.13 Implement 2015/2016 Pavement Management System Plan which consists of recommended street repair costs to the City's streets network
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

Contractor has a current City Business License, Contractor A License and has successfully completed work for the City of El Centro in the past.

BACKGROUND:

Engineering staff applied for and received SB1 Local Partnership Program (LPP) State funding towards road improvements on Commercial Ave. From 3rd St. to Dogwood Ave.

The Engineering division designed in-house the Commercial Ave. Improvements Project, resulting in design cost savings as compared to contracting out.

On September 22, 2023, the Commercial Ave. Improvements project was advertised through IV Press and Planetbids
On October 3, 2023, a Pre-Bid meeting was held with four (4) potential bidders attending.

On October 26, 2023, Bids were opened.
6 Packet Pg. 66
Action Item (ID # 6212) Meeting of December 5, 2023
DISCUSSION:

The City received three bids with Pyramid Construction and Aggregates, Inc. being the lowest responsible bidder.

Pyramid Construction $ 638,781.20
Rove Engineering $ 698,556.00
Onyx Paving Co. $ 1,111,000.00
Staff has reviewed the bids and recommends awarding the project to Pyramid Construction and Aggregates, Inc.

CONCLUSION:

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

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE COMMERCIAL AVE. IMPROVEMENTS PROJECT
ATTACHMENTS:
• Commercial Avenue Improvements - Bid Result Sheet (PDF) • Reso 23 - (PDF)
6 Packet Pg. 67

BID SHEET
PROJECT: Commercial Ave Improvements
Project
Engineering
BID OPENING DATE: October 26, 2023
BID OPENING TIME: 2:00 p.m.

BIDDER NAME TOTAL BID
Pyramid Construction $ 638,781.20
Onyx Paving Company Inc. $1,111,000.00
Rove Engineering $ 698,556.00

6.a
Packet Pg. 68
Attachment: Commercial Avenue Improvements - Bid Result Sheet (6212 : Award Commercial Ave.

6.a
Packet Pg. 69
Attachment: Commercial Avenue Improvements - Bid Result Sheet (6212 : Award Commercial Ave. 11/2023/cdz/A23-0221/Reso/BidAwardCommercialAve
ImprovementsProj
1 RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE COMMERCIAL AVE.

IMPROVEMENTS PROJECT
WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California (the “City Council”) and the notice inviting bids has been advertised as required by section 2-185.15 of the City of El Centro Municipal Code for the Commercial Ave.

Improvements Project (the “Project”); and
WHEREAS, bids were received and opened on October 26, 2023, in accordance with law and the Director of Public Works/City Engineer has made a report thereon; and WHEREAS, the City Council has considered the report of the Director of Public Works/City Engineer and, as a result, has determined that three (3) firms submitted bids with Pyramid Construction and Aggregates, Inc., an active California corporation, submitting the lowest responsive and responsible Total Bid in the amount of Six Hundred Thirty Eight Thousand Seven Hundred Eighty One dollar and Twenty cents ($638,781.20) as calculated based on unit prices; and
WHEREAS, the City Council has determined to award Pyramid Construction and Aggregates, Inc. the total bid in the total amount of Six Hundred Thirty Eight Thousand Seven Hundred Eighty One dollar and Twenty cents ($638,781.20) as calculated based on unit prices; and
WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interest of the City.

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

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

2. That the City Council hereby accepts the bid of Pyramid Construction and Aggregates, Inc. and rejects all other bids for the Project.

3. That the City’s City Manager is hereby authorized to sign a contract for the Project in the total amount of Six Hundred Thirty Eight Thousand Seven Hundred Eighty One dollar and Twenty cents ($638,781.20), a copy of which is on file in the Office of the City Clerk, on behalf of the City.

4. That the City Council hereby establishes a construction contingency fund of Sixty Three Thousand Eight Hundred Seventy Eight dollars ($63,878.00) for the Project.

5. That the City Manager is further authorized to approve and execute any change orders for

6.b
Packet Pg. 70
Attachment: Reso 23 - (6212 : Award Commercial Ave. Improvements Project - LPPSB1 5169(056)) 11/2023/cdz/A23-0221/Reso/BidAwardCommercialAve
ImprovementsProj
2 the Project up to a single change order amount of Sixty Three Thousand Eight Hundred Seventy Eight dollars ($63,878.00) individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.

6. That the City Council shall approve any change order that either individually exceeds the single change order amount or in combination with other approved change orders, exceed the amount established as the construction contingency fund for the Project as set forth herein.

7. That the contract for the Project shall be reviewed and approved as to form by the City Attorney prior to execution and placed on file in the Office of the City Clerk.

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

6.b
Packet Pg. 71
Attachment: Reso 23 - (6212 : Award Commercial Ave. Improvements Project - LPPSB1 5169(056)) 11/2023/cdz/A23-0221/Reso/BidAwardCommercialAve
ImprovementsProj
3 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 forgoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

6.b
Packet Pg. 72
Attachment: Reso 23 - (6212 : Award Commercial Ave. Improvements Project - LPPSB1 5169(056)) Successor Agency to the Redevelopment Agency Meeting: 12/05/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Resolution
Prepared By: Clara Obeso
REVIEWED Department Head: Adriana Nava
ACTION ITEM (ID # 6189) DOC ID: 6189
Discussion and related action regarding the sale of surplus land along Industry Way and further identified by Assessor's Parcel Number: 054-310-051
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY TO HANS CO. LLC FISCAL IMPACT:

The Successor Agency has identified surplus land along Industry Way. One property will be sold and has been appraised at $138,500.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #5 - City Beautification, Engagement & Civic Pride Goal #6 - Economic Opportunity
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

N/A
BACKGROUND:

The City of El Centro established the Redevelopment Agency of the City of El Centro with the purpose of increasing, improving, and preserving the community's supply of affordable housing. On January 13, 2012, all redevelopment agencies in the state of California were dissolved and successor agencies were created to wind down the activities of the dissolved redevelopment agencies.

Effective February 1, 2012, the City of El Centro became the Successor Agency to the Redevelopment Agency of the City of El Centro (the "Agency"). All assets of the former redevelopment agency were transferred to the control of the Agency.

As part of the dissolution of redevelopment agencies in California, a Long Range Property Management Plan was completed and approved by the Successor Agency in 2015. The Plan included properties that were to be retained for future use and properties that were to be sold. The Property Management Plan included one (1) parcel on Industry Way that was to be sold as follows: 054-310-051.

On July 18, 2023, the Successor Agency declared the aforementioned property as surplus land and subsequently, on July 27, 2023, a notice of availability to sell such surplus property was sent out to public agencies and the general public as required by Government Code Section 54220 of the State of California. 7 Packet Pg. 73
Action Item (ID # 6189) Meeting of December 5, 2023
On August 10, 2023, a notice of interest was received from Andy and Natalie Erickson, owners of Hans Co. LLC, who wish to purchase the property in order to assist one of their tenants in expanding their business.

Pursuant to existing law, prior to disposing of the properties, approval must be obtained from the Department of Housing and Community Development (HCD). On October 2, 2023, the required documentation was sent to HCD for review and approval.

DISCUSSION:

On October 20, 2023, the City received a letter of approval from HCD authorizing the sale of the property located on Industry Way. As mentioned, the purchase price will be $138,500.00.

It is City Staff’s opinion that it is in the best interest of the City to sell this property as it would promote and bolster local businesses while stimulating the local economy.

The City’s legal department has reviewed and approved a purchase and sale agreement for the properties. City Council approval is necessary to move forward with the sale.

CONCLUSION:

It is staff's recommendation that the Successor Agency to the Redevelopment Agency Adopt Resolution No. SA 23- , RESOLUTION OF THE SUCCESSOR AGENCY TO

THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY TO HANS CO. LLC.

ATTACHMENTS:
• Resolution - 054-310-051 (PDF)
• Purchase and Sale Agreement Executed (PDF)
• Approval Letter from HCD (PDF)
7 Packet Pg. 74
1 RESOLUTION NO. SA 23-

RESOLUTION OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO

APPROVING AN AGREEMENT FOR THE SALE OF REAL
PROPERTY TO HANS CO. LLC
WHEREAS, as part of the dissolution of the Redevelopment Agency of the City of El Centro, the Successor Agency prepare and the Department of Finance approved the Long Range Property Management Plan (LRPMP) for the disposition of the real property held by the Redevelopment Agency; and
WHEREAS, the LRPMP provided for the disposition of one (1) lot by sale; and WHERES, it is necessary for the Successor Agency to the Redevelopment Agency of the City of El Centro, California, (the “Agency”) to approve an agreement between the Agency and Hans Co. LLC, (the “Buyer”), for the sale of real property; and WHEREAS, the Agency finds that its approval of said agreement will be in the best interests of the Agency.

NOW, THEREFORE, SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

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

2. That the Agency does hereby approve the agreement between the Agency and Nan 400 Imperial LLC for the sale of real property located at Industry Way in the City of El Centro, APN 054-310-051; and

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

PASSED AND ADOPTED at a regular meeting of the Successor Agency to the Redevelopment Agency of the City of El Centro, California, held on the day of , 2023.

CITY OF EL CENTRO
By: ________________________________
Martha Cardenas-Singh, Chair
11/2023/cdz/A23-0126/ResoSA/SaleRealProperty

7.a
Packet Pg. 75
Attachment: Resolution - 054-310-051 (6189 : Sale of Surplus Land - Industry Way Property) 2 ATTEST:

By: _____________________________
Norma Wyles, Agency Secretary
APPROVED AS TO FORM:

Office of the City Attorney
By: __________________________________
Elizabeth L. Martyn, Agency Counsel

STATE OF CALIFORNIA)
COUNTY OF IMPERIAL) ss

CITY OF EL CENTRO)
I, Norma Wyles, Agency Secretary of the Successor Agency to the Redevelopment Agency of the City of El Centro, California, do hereby certify that the foregoing Resolution No.

SA 23- was duly and regularly adopted at a regular meeting of the Successor Agency to the Redevelopment Agency of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By ______________________________
Norma Wyles, Agency Secretary
11/2023/cdz/A23-0126/ResoSA/SaleRealProperty

7.a
Packet Pg. 76
Attachment: Resolution - 054-310-051 (6189 : Sale of Surplus Land - Industry Way Property)

AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Buyer: Hans Co. LLC
Assessor Parcel Number: 054-310-051
This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS ("Agreement") is entered into by and between the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO, a California municipal corporation ("Seller"), and Hans Co. LLC ("Buyer"). Buyer and Seller are sometimes individually referred to herein as "Party" and collectively as "Parties." The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the date it has been approved by Seller’s governing body or its delegated representative and signed by all Parties ("Effective Date").

RECITALS
A. Seller is the owner in fee of one (1) vacant parcels of real property located on Industry Way in El Centro, California, consisting of 39,601 square feet for parcel 054-310-051, as more particularly described in EXHIBIT 1 attached hereto (the "Property").

B. Buyer desires to acquire the Property in fee simple in connection with the one (1) lot for purpose of expanding industrial businesses in the City of El Centro.

NOW, THEREFORE, in consideration of the above facts, incorporated herein, and for the covenants and agreements contained herein, the Parties hereto agree as follows:

TERMS

1. PURCHASE AND SALE.

1.1 Property. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions set forth herein.

1.2 Purchase Price. The total purchase price for the Property is one hundred thirty-eight thousand five hundred dollars and no cents ($138,500.00) for parcel No. 054-310-051 ("Purchase Price").

1.3 Payment of Purchase Price. At Close of Escrow, Buyer shall pay to Seller through escrow the Purchase Price, payable in cash, by cashier's or certified check or by wire transfer.

2. ESCROW.

2.1 Opening of Escrow. Within ten (10) business days following the Effective Date, Seller and Buyer shall open an escrow ("Escrow") for the conveyance of the Fee Simple acquisition with Chicago Title Company ("Escrow Holder"). For purposes of this Agreement, the Escrow shall be deemed open on the date Escrow Holder shall have received a fully executed copy

7.b
Packet Pg. 77
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

of this Agreement from Seller and Buyer ("Opening of Escrow") Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened ("Opening Date").

2.2 Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of Buyer and Seller for conveyance of the Fee Simple estate. Buyer and Seller shall execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions ("Additional Instructions") of Escrow Holder or other instruments as may be reasonably required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such Additional Instructions shall not conflict with, amend or supersede any portions of this Agreement unless expressly consented or agreed to in writing by Seller and Buyer.

In the event of any conflict or any inconsistency between this Agreement and such Additional Instructions, this Agreement shall govern unless otherwise specifically agreed to in writing by the Parties.

2.3 Withholding Requirements per Revenue & Tax Code Section 18662. Seller will be solely responsible to file with Escrow Holder (defined below), appropriate documentation regarding an exemption of this transaction from the withholding requirements imposed by California Revenue and Taxation Code Section 18662, as a result of the acquisition of the Fee Simple interest by Buyer in lieu of condemnation. If Seller does not provide appropriate exemption documentation to Escrow Holder, Buyer instructs Escrow Holder to comply on Buyer's behalf with such withholding requirements.

2.4 Close of Escrow. For purposes of this Agreement, "Close of Escrow" or "Closing" means the recordation in the Official Records of Imperial County, California, of the Fee Simple Grant Deed ("Deed") and the disbursement of funds and distribution of any other documents by Escrow Holder, all as described herein. Subject to the satisfaction of the conditions precedent below, Close of Escrow is to occur forty-five (45) days following the Opening Date ("Closing Date"), provided that Seller and Buyer may, but shall not be obligated to close the Escrow upon such earlier date as the Seller and Buyer mutually agree to in writing. Buyer and Seller may mutually agree to change the Closing Date by joint written notice to Escrow Holder.

The Close of Escrow shall be conditioned upon satisfaction, or written waiver by the Party for whose benefit the condition exists, of all conditions precedent thereto. In the event the Escrow is not in a condition to close by the Closing Date for any reason other than the uncured breach of either Buyer or Seller, then any Party who is not then in default of the terms of this Agreement may terminate this Agreement as provided in Article 6. If no notice of termination as provided in Article 6 is received by Escrow Holder, Escrow Holder is instructed to proceed with Close of Escrow as soon as possible.

2.5 Costs of Escrow. Because of Seller's status as a public entity, pursuant to California Revenue and Taxation Code Section 11922, no documentary transfer tax will be payable with respect to the conveyance contemplated by this Agreement. Similarly, pursuant to California Government Code Section 27383, no recording fees will be payable with respect to the recording of the Deed. Buyer shall pay the costs of the Title Policy (defined below). Buyer shall pay the Escrow fees attributable to the conveyance of the Property and all other costs of processing the Escrow. Buyer shall pay the additional costs, if applicable, associated with an Extended Policy (defined below) and any title endorsements requested by Buyer. Seller and Buyer shall each pay their respective attorneys' fees in connection with this Agreement and processing the Escrow.

7.b
Packet Pg. 78
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

Escrow Holder shall provide an estimated closing costs statement to Buyer and Seller at least three (3) days prior to the Closing Date.

2.5.1 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow and Buyer 's obligation to acquire the Property and pay the Purchase Price are subject to the satisfaction of the following conditions for Buyer's benefit (or Buyer's waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or prior to the Closing Date:

2.5.2 Seller shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement.

2.5.3 Seller shall have completed in a timely fashion all of its obligations which are to be completed prior to the Close of Escrow as provided in this Agreement.

2.5.4 Escrow Holder shall have received an irrevocable commitment from the Title Company to issue the Title Policy required pursuant to this Agreement, subject only to the Permitted Exceptions, as set forth in more detail in Article 3.

2.5.5 All representations and warranties of the Seller hereunder shall be true as of the Effective Date and as of the Close of Escrow and shall continue thereafter for the fill statutory period.

2.5.6 All property taxes and assessments attributable to the Property shall have been paid by Seller before delinquency and shall be current as of Close of Escrow.

2.5.7 Buyer shall have approved Escrow Holder's estimated closing costs statement.

2.6 Seller's Conditions Precedent to Close of Escrow. The Close of Escrow and Seller's obligation to convey the Fee Simple interest is subject to the satisfaction of the following conditions for Seller's benefit (or Seller's waiver thereof it being agreed that Seller may waive any or all of such conditions) on or prior to the Closing Date:

2.6.1 Buyer shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement.

2.6.2 Buyer shall have completed in a timely fashion all of its obligations which are to be completed prior to the Close of Escrow as provided in this Agreement.

2.6.3 All representations and warranties of the Buyer hereunder shall be true as of the Effective Date and as of the Close of Escrow and shall continue for the full statutory period.

2.6.4 Seller shall have approved Escrow Holder's estimated closing costs statement.

2.7 Buyer's Payments and Documents. No less than one (1) day prior to Closing,

7.b
Packet Pg. 79
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

Buyer shall pay or tender (as applicable) to the Escrow Holder the following-described funds and documents (in recordable form, as necessary):

2.7.1 The Purchase Price.

2.7.2 Funds required to pay the Escrow fees, recording fees and notary fees attributable to the conveyance of the Fee Simple interest, and the additional costs, if applicable, associated with an Extended Policy and any title endorsements requested by Buyer payable by Buyer pursuant to Section 2.4 of this Agreement.

2.7.3 Funds required to pay any additional charges customarily charged to buyers in accordance with common escrow practices in Imperial County, at the discretion of Escrow Holder.

2.7.4 Certificate accepting the Grant Deed and consenting to recording of same.

2.7.5 Such other documents and funds required of Buyer under this Agreement and by Escrow Holder in the performance of its contractual or statutory obligations.

2.8 Seller's Payments and Documents. No less than one (1) day prior to Closing, Seller shall pay or tender (as applicable) to the Escrow Holder the following-described funds and documents (in recordable form, as necessary):

2.8.1 The fully-executed and acknowledged Grant Deed.

2.8.2 FIRPTA Certificate and appropriate California Form 593.

2.8.3 Such other documents and funds required of Seller under this Agreement and by Escrow Holder in the performance of its contractual or statutory obligations.

2.9 Escrow Holder Responsibilities. Upon the Closing, Escrow Holder is authorized and instructed to:

2.9.1 Cause the satisfaction and removal of all exceptions to title to the Property representing monetary liens or encumbrances or obtain Subordination Agreements from the holder s of such liens or encumbrances, sufficient to assure that the Deed is not junior to any lien or encumbrance which, through foreclosure, could cause a loss of the rights represented by the Grant Deed. If Seller elects to satisfy and remove any such exceptions from funds otherwise payable to Seller through Escrow, before such payment s or charges are made, Escrow Holder shall notify Seller of the terms necessary to satisfy and remove such monetary liens or encumbrances, and Seller shall approve the disbursement of necessary funds.

2.9.2 Pay, and charge Buyer for any fees, charges and costs payable under this Agreement, including, but not limited to, Sections 2.7 and 2.8. Before such payments or charges are made, Escrow Holder shall notify Buyer and Seller of the fees, charges and costs necessary to clear title and close the Escrow.

7.b
Packet Pg. 80
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

2.9.3 Record the Grant Deed, and any other instruments as appropriate, delivered through Escrow.

2.9.4 If applicable, comply with the withholding requirements of California Revenue and Taxation Code Section 18662, unless Seller has filed appropriate exemption information with Escrow Holder. Escrow Holder shall deliver to each party copies of such withholding forms.

2.9.5 Disburse such other funds and deliver such other documents to the Parties entitled thereto.

2.9.6 Cause the Title Policy or Extended Policy, as applicable, to be issued.

2.10 Notices. All communications from Escrow Holder to either Buyer or Seller shall be directed to the addresses and in the manner established in Section 8.1 for notices, demands and communications between the Buyer and Seller.

2.11 Facsimile/Counterpart Documents. In the event Buyer or Seller utilizes electronically transmitted signed documents, the Parties hereby agree to accept and instruct Escrow Holder to rely upon such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to provide to Escrow Holder, within seventy-two (72) hours after transmission, such documents bearing the original signatures. Buyer and Seller further acknowledge and agree that electronically transmitted documents bearing non-original signatures will not be accepted for recording and that the Parties will provide originally executed documents to Escrow Holder for such purpose. Escrow Holder is authorized to utilize documents which have been signed by Buyer and Seller in counterparts.

3. TITLE.

3.1 Condition of Title: Title Policy. It is a condition to the Close of Escrow for Buyer's benefit that the Grant Deed be superior to any monetary lien or encumbrance which, through foreclosure or other enforcement, could cause the Grant Deed to be wiped out as an encumbrance. At, and as a condition of, Close of Escrow for Buyer’s benefit, Chicago Title Company, 1425 W. Main Street, El Centro, CA 92243 ("Title Company") shall be prepared to issue to Buyer upon Close of Escrow a policy of title insurance ("Title Policy"), in an amount equal to the Purchase Price, showing the Grant Deed as senior to any monetary lien or encumbrance which, through foreclosure or other enforcement, could cause the Grant Deed to be wiped out. Escrow Holder shall cause Title Company to issue the Title Policy to Buyer upon Close of Escrow.

3.2 Permitted Exceptions. The term "Permitted Exceptions" as used herein shall mean the following-described conditions and exceptions to title or possession:

3.2.1 A lien to secure payment of general and special real property taxes and assessments, not delinquent.

7.b
Packet Pg. 81
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

3.2.2 A lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code accruing on or after the Close of Escrow.

3.2.3 Matters affecting the condition of title created by or with the consent of Buyer.

3.2.4 Other exceptions to title disclosed by the Title Report (defined below) which have been approved in writing by Buyer prior to the Close of Escrow.

3.2.5 Any other exceptions to title which are or will become subordinate to the Deed as reflected in the Title Policy pursuant to subordination agreements acceptable to Buyer and the Title Company.

3.3 Title Report. Within fifteen (15) calendar days following the Opening of Escrow, Buyer shall obtain, and provide a copy to Seller, a standard preliminary report from the Title Company, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the "Title Report").

4. CONDITION OF PROPERTY.

4.1 Inspections, Testing and Right of Entry. Prior to Close of Escrow, Buyer may conduct, at Buyer’s sole expense, such physical inspections and environmental testing of the Property , as Buyer may desire or deem appropriate In conducting such inspections and testing, the Buyer shall minimize damage to the Property and shall, in the event escrow fails to close as the result of a condition outside of Buyer’s control, return the Property including the improvements thereon, to its condition prior to the inspections and testing, reasonable wear and tear excepted.

4.2 Seller hereby grants to Buyer and its authorized employees, representatives, agents and contractors, permission to enter upon the Property at reasonable times acceptable to the Seller and prior to the Closing Date for the purpose of conducting such inspections and testing.

Buyer shall indemnify, protect, defend (with counsel chosen by Seller) and hold harmless the Property, Seller and Seller's officers, directors, shareholders, participants, partners, affiliates, employees, representatives, agents and contractors free and harmless from and against any and all claims, costs, losses, liabilities, damages, lawsuits, judgments, actions, proceedings, penalties, demands, attorneys' fees, liens (including, without limitation, mechanic's liens), or expenses of any kind or nature whatsoever (collectively, "Claims"), arising out of or resulting from any entry and/or activities upon the Property by Buyer, Buyer's agents, contractors and/or subcontractors, and/or the contractors and subcontractors of any such agents.

7.b
Packet Pg. 82
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

5. TERMINATION. DEFAULTS AND REMEDIES.

5.1 Exercise of Rights to Terminate. In the event Buyer elects to exercise its rights to terminate this Agreement and the Escrow as provided in Sections 2.4 or 5.3, then Buyer may so terminate by giving notice, in writing of such termination to Seller and Escrow Holder. In the event Seller elects to exercise its rights to terminate this Agreement and the Escrow as so provided, then Seller may so terminate by giving notice, in writing, of such termination to Buyer and Escrow Holder. In such event, the Party so terminating shall pay all Escrow Holder and Title Company termination fees and charges (collectively, "Termination costs"). Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for the obligation of the Party so terminating to pay Termination Costs as provided herein, shall cease and terminate.

5.2 Buyer's Breach. In the event Buyer breaches any obligation hereunder which Buyer is to perform prior to the Close of Escrow, and fails to cure such breach within a reasonable period of time determined at the sole discretion of Seller, then Seller, as its sole and exclusive remedy, may terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Buyer and Escrow Holder. In such event, Buyer shall pay all Termination Costs. Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Buyer's obligation to pay Termination Costs as provided herein, shall cease and terminate.

5.3 Seller's Breach. In the event Seller breaches any obligation hereunder which Seller is to perform prior to the Close of Escrow, and fails to cure such breach within a reasonable period of time, then, in addition to pursuing any other rights or remedies which Buyer may have at law or in equity, Buyer may, at Buyer's option, (i) terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Seller and Escrow Holder, or (ii) initiate an action for specific performance of this Agreement. Should Buyer elect to terminate this Agreement and the Escrow as provided herein, then Seller shall pay all Termination Costs, and upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Seller's obligation to pay Termination Costs as provided herein, shall cease and terminate. In no event will Seller's liability for a breach by Seller of its obligations under this Agreement result in a liability to Seller in excess of the Purchase Price.

5.4 Return of Funds and Documents: Release of Liability as to Escrow Holder.

In the event Escrow Holder terminates this Escrow as a result of having received notice, in writing, from Buyer or Seller of its election to terminate the Escrow as provided herein, then Escrow Holder shall terminate the Escrow and return all funds, less Termination Costs, as appropriate, and documents to the Party depositing the same. Further, the Parties hereby release Escrow Holder, and shall hold Escrow Holder free and harmless, from all liabilities associated with such termination excepting for Escrow Holder's obligations to return funds and document s as provided herein.

7.b
Packet Pg. 83
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

6. REPRESENTATIONS AND WARRANTIES.

6.1 Seller's Representations and Warranties. Seller hereby represents and warrants to Buyer that the following statements are true and correct as of the Effective Date, and shall be true and correct as of Close of Escrow, and the truth and accuracy of such statements shall constitute a condition precedent to all of Buyer's obligations under this Agreement.

6.1.1 Authority. Seller has full power and authority to own, sell and convey the Fee Simple interest to Buyer and to perform its obligations pursuant to this Agreement.

This Agreement and all other documents delivered by Seller to Buyer now or at Close of Escrow have been or will be duly executed and delivered by Seller and are or will be legal, valid and binding obligations of Seller, sufficient to convey the Fee Simple interest to Buyer and are enforceable in accordance with their respective terms.

6.1.2 No Unrecorded Possessory Interests; No Agreements or Undertakings. To Seller's current actual knowledge there are no agreements for occupancy in effect for the Fee Simple interest and no unrecorded possessory interests or unrecorded agreements that would adversely affect Buyer's use of the Fee Simple interest. Seller will not enter into any agreements or undertake any obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the property without the prior written consent of Buyer, including, without limitation, any agreements for occupancy for the Fee Simple interest.

6.1.3 Hazardous Materials. Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose information to Buyer regarding the environmental status of the Property. Seller warrants to Buyer that to Seller's current actual knowledge there has not been a release of "Hazardous Materials" on the Property or on any contiguous real property owned by Seller in violation of any federal, state or local statute, regulation or ordinance relating to industrial hygiene or to Hazardous Materials. Seller has not and to Seller's knowledge, its tenant has not used, generated, manufactured, stored or disposed of on, under or about the Property or transported to or from the Property in violation of any applicable laws any "Hazardous Materials" as defined in any state, federal or local statute, ordinances, rules or regulation applicable to the Property, including without limitation any flammable materials, explosives, radioactive materials, hazardous or contaminated materials or substances, toxic or noxious materials, substances or related materials or substances.

6.1.4 Litigation. To Seller's current actual or constructive knowledge, without independent investigation, there are no claims, actions, suits or proceedings continuing, pending or threatened against or affecting Seller or the Property, or involving the validity or enforceability of this Agreement or of any other documents or instruments to be delivered by Seller at Close of Escrow, at law or in equity, or before or by any federal, state, municipal or other governmental department, board, commission, bureau, Buyer or instrumentality. To Seller's current actual or constructive knowledge, Seller is not subject to or in default under any notice, order, writ, injunction, decree or demand of any court or any governmental department, board, commission, bureau, Buyer or instrumentality.

6.2 Survival of Representations and Warranties. The covenants, representations

7.b
Packet Pg. 84
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

and warranties of Seller under this Agreement shall be true on and as of the Close of Escrow and shall survive the recordation of the Grant Deed and the Close of Escrow for a period of twelve (12) months.

7. OTHER.

7.1. Notices and Demands. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be personally delivered, sent by United States registered or certified mail, postage prepaid, return receipt requested, sent by facsimile transmission with confirmation of receipt, or sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.

To Seller:

City of El Centro
Attn: City Manager
1275 West Main Street
El Centro, CA 92243
Telephone: (760) 337-4540
To Buyer:

Hans Co. LLC
Attn: Andy and Natalie Erickson
628 Lantana Lane
Imperial, CA 92251
To Escrow Holder:

Chicago Title Company
Attn: Heather Skains
1425 West Main Street
El Centro, CA 92243

7.2 Possession. Buyer shall be entitled to possession of the Fee Simple interest at the Close of Escrow after this Agreement has been approved by Buyer's governing body or its delegated representative and signed by all Parties.

7.3 Brokers and Sales Commissions. There are no brokers or sales fees or commissions.

7.b
Packet Pg. 85
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

8. MISCELLANEOUS.

8.1 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the Close of Escrow in accordance with the provisions hereof.

8.2 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof.

8.3 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.

8.4 Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

8.5 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 to, any person or entity other than the parties.

8.6 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference.

8.7 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

8.8 Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California. Any and all legal actions sought to enforce the terms and provisions of the Agreement shall be brought in the courts of the County of Imperial.

8.9 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.

8.10 Ratification. This Agreement is subject to the approval and ratification by the Buyer's governing body or its delegated representative.

8.11 Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

8.12 Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining time meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this

7.b
Packet Pg. 86
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.

8.13 Legal Fees. Each Party shall be responsible for payment of its own attorney's fees with respect to negotiation and preparation of this Agreement and processing of the escrow.

In the event of the bringing of any action or proceeding to enforce or construe any of the provisions of this Agreement, the Prevailing Party in such action or proceeding, shall be entitled to have and recover of and from the other Party all costs and expenses of suit, including actual attorney's fees.

8.14 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.

8.15 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof, no subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby.

8.16 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.

9. 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.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date(s) set forth below next to their respective signatures. [Signatures on the following pages]

7.b
Packet Pg. 87
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW

INSTRUCTIONS
SELLER:

SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE CITY OF EL CENTRO
By: ____________________________________ Date: _________________ Cedric Ceseña, Agency Executive Director
ATTEST:

By: ________________________________
Norma Wyles, Agency Secretary
APPROVED AS TO FORM:

By: _________________________________
Elizabeth L. Martyn, Agency Counsel

7.b
Packet Pg. 88
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

7.b
Packet Pg. 89
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS

EXHIBIT LIST
Exhibit 1 - Legal Description
Exhibit 2 - Grant Deed

7.b
Packet Pg. 90
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

EXHIBIT 1

LEGAL DESCRIPTION OF PROPERTY
054-310-051 – Lot 26, Mealey Industrial Park of Tract 106, 16-14 .91AC

7.b
Packet Pg. 91
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

EXHIBIT 2

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
Grant Deed
[attached after this page]

7.b
Packet Pg. 92
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

RECORDING REQUESTED BY

WHEN RECORDED MAIL TO

AND MAIL TAX STATEMENTS TO
City of El Centro
1275 Main Street
El Centro, CA 92243
Attn: City Clerk

GRANT DEED
TITLE ORDER NO. ESCROW NO.

APN NUNMBERS. 054-310-051
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $_____________________________ CITY TAX $______________________________
computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale,
Unincorporated area: City of
__________________________________________________________, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor Agency to the Redevelopment Agency of the City of El Centro, as Grantor hereby GRANT(s) to , the following described real property in the County of Imperial, State of California:
054-310-051 – Lot 26, Mealey Industrial Park of Tract 106, 16-14 .91AC Executed this day of , 2023
__________________________________
Cedric Ceseña, Agency Executive Director
Notary jurat follows

7.b
Packet Pg. 93
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property)

State of California
County of Imperial
On __________________ before me, _______________________________, personally appeared _________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached and not the truthfulness, accuracy, or
validity of that document.

7.b
Packet Pg. 94
Attachment: Purchase and Sale Agreement Executed (6189 : Sale of Surplus Land - Industry Way Property) STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 20, 2023
Clara Fimbres Obeso
City of El Centro
Economic Development Division
1249 Main Street
El Centro, CA 92243
Dear Clara Fimbres Obeso:

RE: Written Comments Regarding the City of El Centro’s Surplus Land Disposition Documentation for the Property at Industry Way (APNs 054- 310-037, 054-310-051 and 054-310-049)
Thank you for submitting your surplus land documentation, on behalf of the City of El Centro (City), for review by the California Department of Housing and Community Development (HCD). We received your documentation on October 12, 2023. This letter constitutes HCD’s written comments pursuant to Government Code section 54230.5 of the Surplus Land Act (SLA), for the property located at APNs 054-310-037, 054-310-051 and 054-310-049, including provisional permission to proceed with the sale or lease.

According to your letter and included documents, a Resolution declaring the property to be surplus was issued on July 18, 2023 and Notices of Availability (NOA) were sent to all the required entities on July 27, 2023. During the required 60-day period, no affordable housing entity expressed interest in the property. The City has provided a summary of negotiations.

The City has also enclosed the appropriate draft affordability covenant, requiring 15 percent affordable housing, to be recorded against the property.

If the submitted documentation is complete and accurate, HCD determines that you have met all the requirements under the SLA for the purposes of disposing of the surplus land located at APNs 054-310-037, 054-310-051 and 054-310-049. The City is permitted to proceed with the sale or lease of the property.

If you have any questions or need additional technical assistance, please contact Mathew Manweller, Senior Housing Policy Specialist, at [email protected].

Sincerely,
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Division

7.c
Packet Pg. 95
Attachment: Approval Letter from HCD (6189 : Sale of Surplus Land - Industry Way Property) City Council of the City of El Centro Meeting: 12/05/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Alcoholic Beverage License Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6211) DOC ID: 6211
Received and referred to Community Development
Department, Application for Alcoholic Beverage License
Union 76 525 N La Brucherie, El Centro, CA 92243-9575
ATTACHMENTS:
• APPLICATION FOR ALCOHOLIC BEVERAGE LICENCE UNION 76 (PDF) 8 Packet Pg. 96

8.a
Packet Pg. 97
Attachment: APPLICATION FOR ALCOHOLIC BEVERAGE LICENCE UNION 76 (6211 : Application for Alcoholic Beverage License UNION 76)

8.a
Packet Pg. 98
Attachment: APPLICATION FOR ALCOHOLIC BEVERAGE LICENCE UNION 76 (6211 : Application for Alcoholic Beverage License UNION 76)