AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, JANUARY 16, 2024
City Hall Regular Meeting 11:30 AM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by January 16, 2024.
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/89428449924?pwd=sekHJaQFmFW6lBdv5KbxBufwHzJh0N.1 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 894 2844 9924 Passcode: 417273
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: Sylvia Marroquin City Manager: Cedric Ceseña
Mayor Pro-Tem: Edgard Garcia City Attorney: Elizabeth Martyn Evans Council Members: Tomás Oliva City Clerk: Norma Wyles
Sonia Carter
Martha Cardenas-Singh
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:
Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.
Agenda City Council of the City of El Centro January 16, 2024 City of El Centro Page 2
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: El Centro City Library
Negotiator: City Manager
Negotiating with: Comite Civico
Under negotiation: Electric Charging Stations
NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record.
RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION
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
Agenda City Council of the City of El Centro January 16, 2024 City of El Centro Page 3
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 addressthe 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 1-6):
1. Approve Warrant Registers for the Month of November 2023
2. Approve Warrant Registers for the Month of December 2023
3. Approve Payroll Registers for the Month of December 2023
4. Approval of Treasurer's Report for the month of December 2023
5. Approval of City Council Minutes of December 5, 2023, December 7, 2023, December 19, 2023, December 22, 2023 and December 28, 2023.
6. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO ACCEPTING GRANT FUNDS ALLOCATED
FROM THE OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM.
6:20-6:35 PUBLIC HEARING:
7. Public hearing for the purpose of considering approval the statement of costs and recording of lien related to nuisance abatement at 695 Aurora Drive.
PRESENTATION: Angel Hernandez, Director of Community Development RECOMMENDATION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO, CALIFORNIA APPROVING THE STATEMENT OF COSTS FOR SUMMARY NUISANCE ABATEMENT FOR 695 AURORA DRIVE AND
APPROVING THE RECORDING OF A NOTICE OF LIEN, COLLECTION THEREON AND RELATED ACTIONS PURSUANT TO CHAPTER 18 OF THE
CITY CODE
Agenda City Council of the City of El Centro January 16, 2024 City of El Centro Page 4
6:35-6:55 NEW BUSINESS:
8. Approval of Contract Change Order #6 to Dogwood Road Improvements at Wake Ave. & Danenberg Drive project with Pyramid Construction and Aggregates Inc., authorizing emergency work.
PRESENTATION: Abraham Campos, PE – Public Works Director/City Engineer RECOMMENDATION:
Approve the execution of contract change order 6 in the amount of $213,400 and approve a revised budget for the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project.
9. Approve budget amendment to increase funding to the City Hall Energy Efficiency Upgrades Project
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:
Approve budget amendment per Exhibit A of this report to reduce Measure P FY24 funds to the Demolition of Valley Center point building project and add $160,000 to the City Hall Energy efficiency upgrades project to supplement existing approved funding.
10. Discussion and any necessary action regarding the Award of the East Main Street Evan Hewes Hwy Rehabilitation Project
PRESENTATION: Abraham Campos, PE – Public Works Director/City Engineer RECOMMENDATION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO AWARDING THE BID AN AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE EAST MAIN STREET EVAN HEWES
HIGHWAY REHABILITATION PROJECT
LEGISLATIVE ACTION
6:55 - 7:25 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
7:25-7:35 CITY MANAGER REPORT:
Agenda City Council of the City of El Centro January 16, 2024 City of El Centro Page 5
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: 01/16/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6243) DOC ID: 6243
Warrant Registers for November 2023
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of November 2023 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• November 2023 (PDF)
1 Packet Pg. 6
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Attachment: November 2023 (6243 : Warrant Registers - November 2023) City Council of the City of El Centro Meeting: 01/16/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6244) DOC ID: 6244
Warrant Registers for December 2023
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of December 2023 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• December 2023 (PDF)
2 Packet Pg. 59
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Packet Pg. 117 Attachment: December 2023 (6244 : Warrant Registers - December 2023) City Council of the City of El Centro Meeting: 01/16/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6241) DOC ID: 6241
Approval of Payroll Registers for the Month of December 2023
CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the Month of December 2023 ATTACHMENTS:
• PAYROLL REGISTERS DECEMBER 2023 (PDF)
3 Packet Pg. 118
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Packet Pg. 138 Attachment: PAYROLL REGISTERS DECEMBER 2023 (6241 : Payroll Registers for the Month of City Council of the City of El Centro Meeting: 01/16/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Nora Salas
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6240) DOC ID: 6240
Treasurer's Report for the Month of December 2023
CITY MANAGER’S RECOMMENDATION:
Approval of Treasurer's Report for the month of December 2023 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• Treasurer Report 12.23 (PDF)
4 Packet Pg. 139
CITY OF EL CENTRO
TREASURER'S REPORT
SCHEDULE OF INVESTMENTS
DECEMBER 2023
Maturity
Date
Market
Value
Rate
Par tPcnrt YTM Cosi
GENERAL ACCOUNT
U,S. Savings and CD's
Comerica Bk Dallas Tex 200339FE4
Financial Partners Cr Un Dow 31762FABS
JPMorgan Chase BKN466S6MQE4
MemberSource CR UB Huston S8600MADS
235,000 5,250 5.250 $
245,000 4.900 4.900 S
235,000 5.700 5.690 $
245,000 5.450 5.450 $
235,000 S
245,000 $
235,000 S
245,000 $
234,880
244,873
235,308
245,086
03/28/24 S
02/09/24 S
09/27/24 $
03/13/24 $
960,000 960,000 960,146
U.S. Corporate Obligations
A Plus Federal Cr Un Austin 00224TAD8
Grow FinI Fed Cr Un Tampa Fla 39981 MAB8
Valley Natl Bk Passaic N J 919853HTI
American Exp Natl Bank 02589ACN0
Greenstate Cr Un North Liberty 39573LBJ6
Sallie Mae Bk Murray Utah 79S4506Z3
Texas Exchange Bk Crowley 8824ITLS7
Toyota FinI Svgs Bk Hend Nv 89235MLG4
Synchrony Bank 87I64XA22
Mountain Amer Fed Cr Un West 62384RAQ9
All in Fed Cr Un Delaville A 0I664MAH9
Affinity Fed Cr Un 00832KBU2
Kemba Financial Credit Union 48836LAV4
Metro Cr Un Chelsea Mass 59161YBH8
Subtotal
01/16/24
02/26/24
03/08/24
05/13/24
06/17/24
07/08/24
07/30/24
08/12i24
09/03/24
10/15/24
31/10/24
11/15/24
11/25/24
03/11/25
S 245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
3.150 3.150
5.050 5.050
5.050 5.050
0.029 0.030
0.450 0.460
0.560 0.570
0.500 0.510
0.600 0.620
0.550 0.570
4.750 4.760
5.700 5.680
5.800 5.770
5.150 5.150
5.650 5.610
$ 245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
S 244,762
244,873
244,836
242,913
239,757
239,304
238,549
238,319
237,765
244,294
246,066
246,333
244,946
246,605
3,399,321
S $ $
S $ $
s $ $
s s s
s s s
$ $ s
s $ s
$ s s
s s $
s $ $
s s s
$ s s
s $ $
3,430,000 3,430,000
U.S. Government Obligations
Federal Home Loan Bks 3130AQS20
Federal Home Loan Bks 3130ARYU9
Federal Home Loan Bks 3130AMV25
Federal Home Loan Bks 3130AUTE4
FHLMCMTN3134GY6V9
Federal Home Loan Bks 3130ARE72
Federal Home Loan Bks 3130AWLF5
Federal Home Loan Bks 3I30AND72
Federal Home Uan Bks 3I30ALYE8
FHLMCMTN3134GXFC3
Federal Home Loan Bks 3130AMZM7
FNMA3135GA4R9
Federal Home Loan Blk 3130AQRP0
Federal Home Uan Bks 3130ANLX6
FHLMCMTN 3134GY4Z2
Federal Home Uan Bks 3130AWXS4
Federal Home Uan Bks 3130AMV74
Federal Home Uan Bks 3130ALZX5
FHLMCMTN 3134GX6B5
Federal Home Uan Bks 3130APV69
FHLMCMTN 3134GY4Y5
Federal Home Uan Bks 3130AMBY7
Federal Farm Cr Bks 3133EPG90
Federal Home Loan Bks 3130APZ81
Federal Home Loan Bks 3130AR3B5
Federal Home Uan Bks 3130AMGV8
Federal Home Uan Bks 3130AM2B7
Federal Home Uan Bks 3130AXVQ8
Federal Home Uan Bks 3130AMQU9
Federal Home Uan Bks 3130AXCSS
Federal Home Loan Bks 3130AM2F8
Subtotal
S 750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
0.875 0.880
3.000 3.010
0.250 0.250
5.100 5.100
5.050 5.050
1.500 1.510
5.500 5.500
0.430 0.440
0.450 0.460
0.350 0.360
0.500 0.510
0.430 0.440
1.400 1.430
0.500 0.520
5.000 5.010
5.500 5.510
0.400 0.410
0.520 0.540
5.375 5.390
1.000 1.040
5.200 5.210
0.550 0.570
5.450 5.450
1.250 1.290
1.750 1.770
0.625 0.650
0.625 0.650
5.500 5.500
0.625 0.650
5.600 5.600
1.125 1.230
$ 750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
$ 746,258
747,443
744,090
749,588
749,618
744,848
750,000
738,090
738,128
733,695
733,545
728,340
732,555
728,048
748,763
748,568
725,048
723,398
748,410
724,013
748,200
720,990
749,685
725,273
741,143
719,040
720,428
749,573
716,993
749,670
697.103
02/22/24
02/23/24
02/28/24
02/28/24
03/22/24
03/28/24
04/26/24
04/29/24
04/29/24
06/14/24
07/15/24
08/23/24
08/23/24
08/26/24
08/28/24
08/28/24
09/30/24
10/29/24
11/15/24
11/25/24
ll/26«4
11/26/24
11/29/24
12/16/24
02/25/25
02/26/25
04/29/25
05/28/25
06/16/25
09/26/25
04/29/26
$ $ S
s $ $
s $ $
s s s
s s s
s $ s
$ s $
s $ s
s $ $
s s $
s s $
s s s
$ s s
s s $
s s s
$ $ $
$ s s
$ $ s
$ $ $
$ s $
$ s $
$ $ $
s $ s
s s s
s $ s
s s $
$ $ $
s s s
$ s s
$ $ $ 2.
23,250,000 23,250,000 22,820,535
Other Investments
Cash Equiv.
Local Agency Investment Fund
Subtotal
S 5,070,786 0.010 0.010
S 66,894,723 3.843 3.843
S 5,070,786
$ 66,894,723
$ 5,070,786
$ 66,894,723
71,965,509 71,965,509 71,965,509
Subtotal 99,605,509 99,605,509 99,145,512
$ 1,928,480 0.010 0.010
$ 6,660,388 0.010 0.010
$ 36,682,467 0.010 0.010
45,271,335
$ 1,928,480
S 6,660,388
S 36,682,467
45,271,335
$ 1,928,480
S 6,660,388
$ 36,682,467
45,271,335
Series B - 2007 Redevelopment
2021 Series A - Library Bond Project
2023 Series A - Police Station Project
Total 144,876,844 144,876,844 144,416,846
4.a
Packet Pg. 140 Attachment: Treasurer Report 12.23 (6240 : Treasurer's Report for the Month of December 2023)
CITY OF EL CENTRO
TREASURER’S REPORT
SCHEDULE OF INVESTMENTS
DECEMBER 2023
Prior Fiscal
Year YTD
Same Period
This Fiscal
Month YTD
Interest Received
95,786 $ 425,302
1.114.307
1,539,610
Other Investments
LAIF
Total
107,008
342.996
95,786 $ 450,004
Balance
11/30/23
Balance
Change 12/31/23
Monthly Activity
General Accounts
U.S. Savings and CD's
U.S. Corporate Obligations
U.S. Government Obligations
Cash Equiv, & Other Investments
LAIF
1,695,000.00
3,675,000.00
27,000,000
2,565,790
66,894,723
(735,000.00)
(245,000.00)
(3,750,000.00)
2,504,996.49
960,000.00
3,430,000
23,250,000
5,070,786
66,894,723
101,830,513 (2,225,004) 99,605,509
Trustee Accounts
Series B - 2007 Redevelopment
Library 2021 Bond Project
El Centro Police 2023 Bond Project
$ 1,928,464
6,660,360
36,682.467
45,271,291
16 1,928,480
6,660,388
36.682.467
45,271,335
27.37 43
Total $ 147,101,804.05 $ 144,876,844.01
I hereby certify that this report reflects the pooled investments of the City of El Centro and is in conformity with the Investment Policy of the City as adopted by the City Council on February 21,2001.
A copy of this Policy is available at the Office of the City Clerk. In the opinion of the undersigned, the City's expenditure requirements for the following six months, can be met from projected revenues and maturities of Investments listed herein.
Karla Chaparro
Director of Finance
4.a
Packet Pg. 141 Attachment: Treasurer Report 12.23 (6240 : Treasurer's Report for the Month of December 2023) Cityof El Centro
Treasurer’s Report
Summary of Investments
as of 12/31/2023
Investment Unrealized
gain/loss Net increase
decrease
Market Value
end of Period
percent
of total
income
Cost/Par to-date
960,000 146 960,146 1% 1 U.S. Savings and CD’s
S 3,430,000 (30,679) $ 3,399,321 3% 2 U.S Corporate Obligations $ (429,465) $ 22,820,535 23% U.S. Government Obligati $ 23,250,000 4 Cash Equiv. & Other Inve: $ 5,070,786 $ 5,070,786 5%
5 LAIF $ 66,894,723 $ 66,894,723 67%
Total $ 99,605,509 $ (459,998) $ $ 99,145,512 100%
(*) Investments 1 through 5
Investments are held to maturity redemption is at cost rendering no loss.
4.a
Packet Pg. 142 Attachment: Treasurer Report 12.23 (6240 : Treasurer's Report for the Month of December 2023) City Council of the City of El Centro Meeting: 01/16/24 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 # 6238) DOC ID: 6238
Approval of City Council Minutes of December 5, 2023,
December 7, 2023, December 19, 2023, December 22, 2023
and December 28, 2023.
CITY MANAGER’S RECOMMENDATION:
Approval of City Council Minutes of December 5, 2023, December 7, 2023, December 19, 2023, December 22, 2023 and December 28, 2023.
ATTACHMENTS:
• 12-05-2023 Regular CC Minutes (DOCX)
• 12-07-2023 Special Meeting CC Minutes (DOCX)
• 12-19-2023 Regular CC Minutes (DOCX)
• 12-22-2023 Adj. Regular Meeting CC Minutes(DOCX)
• 12-28-2023 Adj. Regular Meeting CC Minutes(DOCX)
5 Packet Pg. 143
Book 37
JOINT REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY COUNCIL AS SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY/
SUCCESSOR HOUSING AGENCY
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, DECEMBER 5, 2023 11:30 A.M.
The El Centro City Council met in a regular session on Tuesday, December 5, 2023 at 11:37 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, Garcia City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Marroquin (excused)
CLOSED SESSION PUBLIC COMMENT
No public comments were received.
CITY COUNCIL CLOSED SESSION
Moved by Carter, second by Oliva, to adjourn into closed session for:
CONFERENCE WITH LABOR NEGOTIATIORS
City Representatives: City Manager, Human Resource 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).
Motion carried.
Closed Session concluded at 1:00 p.m.
City Council recessed to 6:00 p.m.
5.a
Packet Pg. 144 Attachment: 12-05-2023 Regular CC Minutes (6238 : Approval of City Council Minutes) Book 37
OPEN SESSION
The El Centro City Council met in a joint regular session on Tuesday, December 5, 2023 at 6:02 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 Debby Ellett.
CONSENT AGENDA (ITEMS 1-2)
Moved by Oliva, second by Marroquin, approving consent items # 1-2.
1. Approval of City Council Minutes of November 7, 2023, November 15, 2023 and November 21, 2023.
2. 2
nd 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 ORDINANCE 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.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None
CONTINUED PUBLIC HEARING
3. This was the date and time for a public hearing. Presentation by Angel Hernandez, Community Development Director, public hearing to consider the recommendation of the Planning Commission regarding the Vasquez Apartments Negative Declaration No. 22-04. Mayor Cardenas-Singh opened the public hearing. Francisco Flores spoke and said this property was stolen from him. He spoke against this Negative Declaration. Linda Wyatt spoke on Mr. Francisco Flores behalf. She said this property was quick deed to someone else. She mentioned that if Mr. Flores is evicted from this property, he has nowhere else to go. He will be homeless. Council Member Garcia asked to see the documents that Ms.
Wyatt had for Mr. Flores. Since there were no other public comments, Mayor Cardenas-Singh closed the public hearing. She asked if any Council Member had any comments. Council Member Oliva asked Mr. Hernandez if 60 units are going to be built, how many parking spaces will be available per unit. Mr.
Hernandez said it would be a little more than two spaces. Council members asked if there would be only one exit from the apartment complex and they were concerned about the congestion of traffic this apartment building would create. Council Member Garcia suggested a traffic study be done on the area because an apartment building with that many units would create a traffic congestion.
5.a
Packet Pg. 145 Attachment: 12-05-2023 Regular CC Minutes (6238 : Approval of City Council Minutes) Book 37
The applicant, Mr. Carlos Vasquez, explained how the property was acquired. He explained that the property was legally purchased. He said that all requirements for building an apartment building were looked into and everything has been considered as part of this project. His approved plans meet regular parking, handicap parking and emergency vehicle requirements.
City Council decided to withdraw the Negative Declaration No. 22-04, for the Vasquez Apartments until traffic studies are done, complete and ready to be presented to Council.
4. This was the date and time for a public hearing. Presentation by Angel Hernandez, Community Development Director, public hearing to consider the recommendation of the Planning Commission regarding the Vasquez Apartments General Plan Amendment No. 22-05. Mayor Cardenas-Singh opened the public hearing and comments were heard by Francisco Flores and Linda Wyatt. City Council decided to withdraw the Change of Zone No. 22-05, for the Vasquez Apartments until traffic studies are done, complete and ready to be presented to Council.
5. This was the date and time for a public hearing. Presentation by Angel Hernandez, Community Development Director, public hearing to consider the recommendation of the Planning Commission regarding the Vasquez Apartments General Plan Amendment No. 22-05. Mayor Cardenas-Singh opened the public hearing and comments were heard by Francisco Flores and Linda Wyatt. City Council decided to withdraw the General Plan Amendment No. 22-05, for the Vasquez Apartments until traffic studies are done, complete and ready to be presented to Council.
NEW BUSINESS
6. Moved by Garcia, second by Carter, adoption of Resolution No. 23-114, 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.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None
City Council recessed and convened as the Successor Agency to the Redevelopment Agency at 6:52 p.m.
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
PRESENT: Agency Members: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia Agency Secretary Wyles, Executive Director Manager Ceseña, Agency Counsel Martyn Evans
7. Presentation by Adriana Nava, Community Services Director, discussion and related action regarding the sale of surplus land along Industry Way and further identified by Assessor’s Parcel Number:
054-310-051.
Moved by Garcia, second by Cardenas-Singh, adoption of Resolution No. SA 23-04, 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.
5.a
Packet Pg. 146 Attachment: 12-05-2023 Regular CC Minutes (6238 : Approval of City Council Minutes) Book 37
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
Successor Agency to the Redevelopment was adjourned at 8:32 p.m. and reconvened as City Council.
Moved by Garcia, second by Oliva
LEGISLATIVE
None
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.
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 7:13 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor
5.a
Packet Pg. 147 Attachment: 12-05-2023 Regular CC Minutes (6238 : Approval of City Council Minutes) Book 37
SPECIAL MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
THURSDAY, DECEMBER 7, 2023 6:00 P.M.
The El Centro City Council met in adjourned regular session in the Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California on Thursday, December 7, 2023, at 6:00 p.m. for the purpose of reorganization.
OPEN SESSION
The El Centro City Council met in a special session on Thursday, December 7, 2023 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California. No closed session was held.
PRESENT: Council: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, City Manager Cesena, City Attorney Martyn Evans
PLEDGE OF ALLEGIANCE
Pledge of Allegiance to the flag of the United States of America was led by Loren Johnston.
INVOCATION
Invocation was given by Father Mark Edney.
RECOGNITION OF OUTGOING MAYOR CARDENAS-SINGH
1. Presentation of Mayor’s Plaque by Mayor Pro-Tem Sylvia Marroquin to outgoing Mayor CardenasSingh recognizing her service as Mayor for 2022-2023.
2. Presentation of Album of Events by City Manager, Cedric Ceseña, to outgoing Mayor Cardenas-Singh for her year of service as Mayor.
3. Presentations to outgoing Mayor Cardenas-Singh were made at this time from the following:
- Imperial Valley Regional Chamber of Commerce, Sher Cowie, President. - Imperial County Transportation Commission, presented by Cedric Ceseña, City Manager. - Office of Assembly member Eduardo Garcia and Office of Congressman Raul Ruiz, MD, presented by Guillermo Hernandez.
- Office of Senator Steve Padilla, presented by District Representative Lorena Minor. - El Centro Regional Medical Center, presented by CEO Pablo Velez. - MANA of Imperial, Ida Obeso-Martinez, also City of Imperial Councilmember. - Soroptimist International of El Centro, Ivonne Sotomayor.
4. Comments were made from Council Members to outgoing Mayor Cardenas-Singh.
5. Comments from outgoing Mayor Cardenas-Singh.
5a. Video presentation by City Manager, Cedric Ceseña.
5.b
Packet Pg. 148 Attachment: 12-07-2023 Special Meeting CC Minutes (6238 : Approval of City Council Minutes) Book 37
REORGANIZATION OF THE CITY COUNCIL
At this time the meeting was turned over to the City Clerk, who presided over the selection of Mayor for the ensuing year.
City Clerk Wyles called for nominations of Mayor at this time.
5. Moved by Cardenas-Singh, second by Garcia, to nominate Sylvia Marroquin for Mayor, and with no other nominations being made, nominations were closed.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
City Clerk Wyles turned the meeting over to the newly selected Mayor Marroquin for the nomination of Mayor Pro-Tem.
6. Moved by Oliva, second by Marroquin, for nomination of Edgard Garcia for Mayor Pro-Tem and with no other nominations being made, nominations were closed.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
7. Closing remarks were made at this time by incoming Mayor Sylvia Marroquin.
ADJOURNMENT
With no further business to be discussed, the meeting was adjourned at 7:02 p.m. ______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Sylvia Marroquin, Mayor
5.b
Packet Pg. 149 Attachment: 12-07-2023 Special Meeting CC Minutes (6238 : Approval of City Council Minutes) Book 37
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, DECEMBER 19, 2023 11:30 A.M.
The El Centro City Council met in a regular session on Tuesday, December 19, 2023 at 11:34 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, Marroquin, Garcia
City Clerk Wyles, City Attorney Martyn Evans
ABSENT: Council: Oliva (excused), Cardenas-Singh (arrived at 11:35 am) City Manager Ceseña
CLOSED SESSION PUBLIC COMMENT
No public comments were received.
CITY COUNCIL CLOSED SESSION
Moved by Carter, 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 pursuant to Govt. Code Section 54956.9(d)(4): one case.
Motion carried.
Closed Session concluded at 1:15 p.m.
City Council recessed to 6:00 p.m.
OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, December 19, 2023 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Marroquin, Garcia, Carter City Clerk Wyles, City Attorney Martyn Evans
ABSENT: Council: Oliva (Excused)
City Manager Ceseña
Pledge of Allegiance to the flag of the United States of America was led by Mayor Pro-Tem Garcia and Invocation was given by Council Member Carter.
CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session.
5.c
Packet Pg. 150 Attachment: 12-19-2023 Regular CC Minutes (6238 : Approval of City Council Minutes) Book 37
PUBLIC COMMENTS
None
CONSENT AGENDA (ITEMS 1-2)
Moved by Garcia, second by Cardenas-Singh, approving consent items # 1-2.
1. Approval of Payroll Registers for the Month of November 2023.
2. Approval of Treasurer’s Report for the month of November 2023.
AYES: Cardenas-Singh, Marroquin, Garcia, Carter
NOES: None
ABSENT: Oliva
ABSTAINED:None
NEW BUSINESS
3. Moved by Carter, second by Garcia to approve Mayor Marroquin’s appointments to the following City Council Committees.
COMMITTEE PRIMARY/ ALTERNATE
ICTC (Imperial County Transportation Commission)
LTA (Local Transportation Authority)
SAFE (Service Authority for Freeway Emergencies)
IVRMA (Imperial Valley Resource Management Agency)
Cardenas-Singh/
Alt: Oliva
CJPIA (California Joint Powers Insurance Authority) Garcia/ Alt: Cardenas-Singh ECRMC Board of Trustees All Council Members
Air Pollution Control Advisory Board Carter
Alt: Cardenas-Singh
Airport Advisory Committee Carter
Alt: Marroquin
Imperial County Film Commission Carter
Alt: Garcia
Imperial Valley Regional Chamber of Commerce
(MPT-Rep/Mayor-Alt)
MPT: Garcia
Mayor Alt: Marroquin
United Way-Emergency Food Shelter Program Carter/ Alt: Oliva Mexican Liaison Cardenas-Singh & Oliva
Citizen Advisory Committee
(Centinela State Prison)
Oliva/ Alt: Marroquin
IID 2 on 2
(Imperial Irrigation District)
Mayor Marroquin /
MPT Garcia
AD HOC, COMMITTEES AND TASK FORCES CURRENT
Community Enhancement Task Force Oliva & Marroquin
Friends of Community Service Foundation Board Cardenas-Singh Alt: Carter
Task Force to End Homelessness Marroquin & Carter
5.c
Packet Pg. 151 Attachment: 12-19-2023 Regular CC Minutes (6238 : Approval of City Council Minutes) Book 37
COVID-19 Pandemic Response & Economic Recovery Task
Force
Garcia & Oliva
Cannabis Task Force Garcia & Oliva
Federal & State Funding Opportunities Task Force Cardenas-Singh & Oliva Public Safety Task Force Oliva & Garcia
Legislative Standing Committee Chair: Oliva
Co-Chair: Garcia
Project Advisory Committee Carter
Alt. Marroquin
MEASURE P WORKING GROUPS: CURRENT
IT & ADA Related Projects Carter & Oliva
Parks & Recreation Project Cardenas-Singh & Garcia
Operational Projects Marroquin & Garcia
Downtown Ad Hoc Committee Cardenas-Singh & Marroquin
EVALUATION PANELS: CURRENT
City Attorney Garcia & Cardenas-Singh
City Clerk Carter & Oliva
City Manager Marroquin & Cardenas-Singh
AYES: Cardenas-Singh, Marroquin, Garcia, Carter
NOES: None
ABSENT: Oliva
ABSTAINED:None
4. Motion by Cardenas-Singh, second by Carter, approving the cancellation of January 2, 2024 City Council meeting.
AYES: Cardenas-Singh, Marroquin, Garcia, Carter
NOES: None
ABSENT: Oliva
ABSTAINED:None
LEGISLATIVE
None
INFORMATIONAL ITEMS
5. Received and referred to Community Development Department, Application for Alcoholic Beverage License, Rosa’s Plane Food Inc. 1523 W Main St. Ste. E., El Centro, CA 92243-5419.
TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.
5.c
Packet Pg. 152 Attachment: 12-19-2023 Regular CC Minutes (6238 : Approval of City Council Minutes) Book 37
CITY MANAGER REPORT
No report.
ADJOURNMENT
At 6:22 p.m., this meeting was adjourned to December 22, 2023 at 9:30 a.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor
5.c
Packet Pg. 153 Attachment: 12-19-2023 Regular CC Minutes (6238 : Approval of City Council Minutes) Book 37
ADJOURNED REGULAR MEETING
EL CENTRO CITY COUNCIL
CONFERENCE A
1275 MAIN STREET, EL CENTRO, CA
FRIDAY, DECEMBER 22, 2023 9:30 A.M.
The El Centro City Council met in adjourned regular session on Friday, December 22, 2023 at 9:30 a.m. in Conference Room A, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Attorney Martyn Evans
Closed Session Public Comment
None
CITY COUNCIL CLOSED SESSION
Moved by Carter, 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 against the City under Govt. Code Section 549569.9(d)(4).
Motion unanimously carried.
Reconvened to Open Session
CITY ATTORNEY REPORTED ON CLOSED SESSION:
City Attorney reported on closed session.
ADJOURNMENT
With no further business to be discussed closed session meeting ended at 11:00 a.m. and adjourned to Thursday, December 28, 2023 at 1:00 p.m.
______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Sylvia Marroquin, Mayor
5.d
Packet Pg. 154 Attachment: 12-22-2023 Adj. Regular Meeting CC Minutes (6238 : Approval of City Council Minutes) Book 37
ADJOURNED REGULAR MEETING
EL CENTRO CITY COUNCIL
CONFERENCE A
1275 MAIN STREET, EL CENTRO, CA
THURSDAY, DECEMBER 28, 2023 1:00 P.M.
The El Centro City Council met in adjourned regular session on Thursday, December 28, 2023 at 1:01 p.m. in Conference Room A, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Attorney Martyn Evans
CLOSED SESSION PUBLIC COMMENT
None
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 against the City under Govt. Code Section 549569.9(d)(4).
Motion unanimously carried.
Reconvened to Open Session
CITY ATTORNEY REPORTED ON CLOSED SESSION:
City Attorney reported on closed session.
ADJOURNMENT
With no further business to be discussed closed session meeting ended at 2:30 p.m. ______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Sylvia Marroquin, Mayor
5.e
Packet Pg. 155 Attachment: 12-28-2023 Adj. Regular Meeting CC Minutes (6238 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 01/16/24 11:30 AM 1275 Main Street Department: Police
El Centro, CA 92243 Category: Resolution
Prepared By: Amanda Curiel
SCHEDULED Department Head: Robert Sawyer
RESOLUTION (ID # 6242) DOC ID: 6242
OTS Selective Traffic Enforcement Program 2024
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 24- ,RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO ACCEPTING GRANT FUNDS ALLOCATED FROM THE OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM.
FISCAL IMPACT:
$50,000.00 (no matching funds)
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal#3: Community Health, Safety & Welfare
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 El Centro Police Department has been awarded a statewide Selective Traffic Enforcement Program (STEP) grant from the California Office of Traffic Safety (OTS).
Funds will pay overtime costs for the El Centro Police Department.
DISCUSSION:
The OTS Selective Traffic Enforcement Program (STEP) grant is effective from 10/1/2023 to 9/30/2024. Operations will consist of selected enforcement and education in the areas of pedestrian and bicycle safety, driving under the influence and distracted driving in order to reduce the number of persons killed and injured in traffic crashes involving alcohol and other primary collision factors.
CONCLUSION:
Adopt Resolution No. 24- ,RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO ACCEPTING GRANT FUNDS ALLOCATED FROM THE OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM.
ATTACHMENTS:
• OTS 2024 Final Reso (DOCX)
• Grant Agreement - PT24061 - signed (PDF)
6 Packet Pg. 156
12/2023/cdz/A23-0235/Reso/OfficeofTrafficSafety(OTS)Grant RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO
ACCEPTING GRANT FUNDS ALLOCATED FROM THE OFFICE OF
TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
WHEREAS, the Office of Traffic Safety (“OTS”)’s Selective Traffic Enforcement Program (“STEP”) has made funds available to units of local government for the purpose of selected enforcement and education in the areas of pedestrian and bicycle safety, driving under the influence (“DUI”) and distracted driving in order to reduce the number of persons killed and injured in traffic crashes involving alcohol and other primary collision factors (the “Program”); and
WHEREAS, the OTS has awarded sixty-five thousand dollars ($65,000) to the City of El Centro Police Department to augment traffic enforcement efforts; and WHEREAS, such funding will allow for DUI checkpoints, DUI saturation patrols, pedestrian and bicycle enforcement, street racing and sideshow enforcement, collaborative traffic enforcement, traffic safety educational presentations, and distracted driving enforcement; and WHEREAS, the Program may also concentrate on speed, distracted driving, seat belt enforcement, operations at intersections with disproportionate numbers of traffic crashes, and special enforcement operations encouraging motorcycle safety; and WHEREAS, the City Council desires to accept the funds from the OTS for the Program.
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 grant funds of sixty-five thousand dollars ($65,000) for the Program.
3. That the Police Chief is authorized to execute, on behalf of the City, the grant award agreement, if any, for the Program, a copy of which will be on file in the Office of the City Clerk, including any extensions or amendments thereof.
4. That the City agrees to comply with all requirements for the Program (including any extensions or amendments thereof) and that funds will be appropriated as required thereby.
5. That grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
6.a
Packet Pg. 157 Attachment: OTS 2024 Final Reso (6242 : OTS Selective Traffic Enforcement Program 2024) 12/2023/cdz/A23-0235/Reso/OfficeofTrafficSafety(OTS)Grant PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro held on the day of , 2024.
CITY OF EL CENTRO
By ___________________________
Sylvia Marroquin, Mayor
ATTEST:
By _______________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By _______________________________
Elizabeth Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 24- 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 , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ___________________________
Norma Wyles, City Clerk
6.a
Packet Pg. 158 Attachment: OTS 2024 Final Reso (6242 : OTS Selective Traffic Enforcement Program 2024) 11/7/2023 10:17:31 PM Page 1 of 18
State of California Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT24061
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
El Centro From:
To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
El Centro Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $65,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A Problem Statement, Goals and Objectives and Method of Procedure Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Adrian Chilpa
Police Sergeant
[email protected]
(760) 989-7830
150 North Eleventh Street
El Centro, CA 92243
ADDRESS: Cedric Cesena
City Manager
[email protected]
(760) 337-4540
150 North Eleventh Street
El Centro, CA 92243
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Amanda Curiel
Staff Assistant
[email protected]
(760) 337-4528
150 North 11th Street
El Centro, CA 92243
ADDRESS: Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)
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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
XVYWRM8J34J5
1275 West Main Street
El Centro
92243-2816
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE
PROJECTED
EXPENDITURES
164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $13,600.00 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $8,500.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $16,500.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $26,400.00
AGREEMENT
TOTAL $65,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$65,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
{{_es_signer5_signature}} {{_es_signer5_date}} $65,000.00
6.b
Packet Pg. 160 Attachment: Grant Agreement - PT24061 - signed (6242 : OTS Selective Traffic Enforcement Program 2024) 11/7/2023 10:17:31 PM Page 3 of 18
State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT24061
1. PROBLEM STATEMENT
The City of El Centro is located in Imperial County, California. El Centro has a population of approximately 45,000 and covers approximately 12 square miles. With the city being the center of the El Centro metropolitan statistical area, its roadways host the majority of vehicle and pedestrian traffic in the county. El Centro faces a continually increasing number of traffic complaints and hazards for speeding, stop sign, red light, loud exhaust, bicycle/pedestrian, and school zone violations.
In reviewing OTS data as well as in-house data, traffic safety in our jurisdiction has declined in the past year.
We continue to have too many of our citizens injured or killed in traffic crashes. El Centro saw a slight increase in injury crashes from 112 in 2021 to 127 in 2022 and an increase in the number of fatalities per year, from 3 in 2021 to 4 in 2022.
According to 2022 in-house crash data submitted to the Statewide Integrated Traffic Records System (SWITRS), there was a substantial decline in bicycle safety with vehicle versus bicycle crashes involving significant injuries increasing from 0 in 2021, to 4 in 2022, a 400 percent increase.
A review of 2021 and 2022 in-house crash data submitted to the Statewide Integrated Traffic Records System (SWITRS) showed alcohol and drug involved-traffic crashes continue to be an issue in El Centro. 8 out of the 207 crashes in 2022 involved impaired driving from alcohol or drugs.
DUI arrests decreased from 96 in 2021 to only 35 in 2022. These statistics show a need to increase traffic enforcement to make our roads safer.
Our ability to proactively address our traffic issues continues to be hampered by staffing shortages; however, our agency has deployed resources on overtime to address traffic safety concerns in addition to the details deployed using OTS funding. These additional enforcement operations are critical in helping to maintain traffic safety in the city.
The city intends to utilize all enforcement and education efforts to help reduce future crashes involving fatalities and traffic crashes in general.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to 1 6.b
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your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (b
and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 1 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 1 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1
7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 8. Conduct DUI Saturation Patrol operation(s). 9
9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
4 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
2 11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Participate in highly visible collaborative DUI Enforcement operations. 2
14. Participate in highly visible collaborative Traffic Enforcement operations. 1
15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 16. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 3. METHOD OF PROCEDURE
A. Phase 1 Program Preparation (1st Quarter of Grant Year) outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter.
All grant related purchases needed to implement the program should be made in the first quarter. description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
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Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with ail.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid
6.b
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media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT24061
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$40,000.00
402PT-24 20.600 State and Community Highway
Safety
$25,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $5,200.00 2 $10,400.00
DUI Saturation Patrols 164AL-24 $1,900.00 9 $17,100.00
Collaborative DUI Enforcement 164AL-24 $2,000.00 2 $4,000.00 Benefits for 164AL - OT @ 21.16% 164AL-24 $31,500.00 1 $6,665.00 Traffic Enforcement 402PT-24 $1,700.00 4 $6,800.00
Distracted Driving 402PT-24 $1,700.00 2 $3,400.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,700.00 2 $3,400.00 Street Racing and Sideshow Enforcement
Operations
402PT-24 $1,700.00 1 $1,700.00
Collaborative Traffic Enforcement 402PT-24 $1,700.00 1 $1,700.00 Traffic Safety Education 402PT-24 $400.00 2 $800.00
Benefits for 402PT - OT @ 21.16% 402PT-24 $17,800.00 1 $3,766.00 Category Sub-Total $59,731.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $3,434.00 1 $3,434.00
$0.00
Category Sub-Total $3,434.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $1,835.00 1 $1,835.00
Category Sub-Total $1,835.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $65,000.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT24061
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL - OT @ 21.16% - Benefits breakdown:
Medicare - 1.45%
State Disability/SDI - 0.71%
Unemployment Insurance - 6.00%
Workers Compensation - 13.00%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
Benefits for 402PT - OT @ 21.16% - Benefits breakdown:
Medicare - 1.45%
State Disability/SDI - 0.71%
Unemployment Insurance - 6.00%
Workers Compensation - 13.00%
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
INDIRECT COSTS
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-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT24061
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4 Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300 Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 1201 Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition aid
recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
The preceding
GENERAL ASSURANCES
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. 49 CFR part 21
will be (with regard to an facilitated,
in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
t. 252, 42
U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review
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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities official
whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary Exclusion Lower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY TIER COVERED TRANSACTIONS
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1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary Exclusion tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1. Adrian Chilpa
Title: Police Sergeant Media Contact: Yes
Phone: (760) 989-7830
Email: [email protected]
2. Amanda Curiel
Title: Staff Assistant Media Contact: No
Phone: (760) 337-4528
Email: [email protected]
3. Robert Sawyer
Title: Deputy Chief Media Contact: Yes
Phone: (760) 996-9906
Email: [email protected]
4. John Tang
Title: Sergeant Media Contact: No
Phone: (760) 425-3859
Email: [email protected]
5. William Yu
Title: Police Officer Media Contact: Yes
Phone: (323) 775-2685
Email: [email protected]
State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
GRANT NUMBER
PT24061
GRANT DETAILS
Grant Number: PT24061
Agency Name: El Centro Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $65,000.00
Authorizing Official: Cedric Cesena
Fiscal Official: Amanda Curiel
Grant Director: Adrian Chilpa
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6.b
Packet Pg. 176 Attachment: Grant Agreement - PT24061 - signed (6242 : OTS Selective Traffic Enforcement Program 2024)
6.b
Packet Pg. 177 Attachment: Grant Agreement - PT24061 - signed (6242 : OTS Selective Traffic Enforcement Program 2024)
6.b
Packet Pg. 178 Attachment: Grant Agreement - PT24061 - signed (6242 : OTS Selective Traffic Enforcement Program 2024) City Council of the City of El Centro Meeting: 01/16/24 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Public Hearing
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 6231) DOC ID: 6231
Public hearing for the purpose of considering approval the statement of costs and recording of lien related to nuisance abatement at 695 Aurora Drive.
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 24- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO, CALIFORNIA APPROVING THE STATEMENT OF COSTS FOR SUMMARY NUISANCE ABATEMENT FOR 695 AURORA DRIVE AND APPROVING
THE RECORDING OF A NOTICE OF LIEN, COLLECTION THEREON AND RELATED ACTIONS PURSUANT TO CHAPTER 18 OF THE CITY CODE
FISCAL IMPACT:
If approved, the lien would allow for the recovery of $8,980.39 expended by the City for nuisance abatement at 695 Aurora Drive.
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 incentivize 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:
695 Aurora Drive (see Exhibit A - Location Map) was the property of Patricia Wirt and was placed in the Patricia Wirt Trust. Ms. Wirt died on January 30, 2015. It is believed that her daughter, Teresa Wirt McCann, may be the successor of the trust. The property has been vacant, unsecured, and left in disrepair. The City had performed nuisance abatement on the property in February 2021 by trimming trees, boarding up certain windows, and removing trash and debris. A lien was approved to recover those costs by the City Council on March 16, 2021.
DISCUSSION:
Since Ms. Wirt’s death, the property has not been maintained, possibly due to a dispute as to its ownership. Uncontrolled plant growth has resulted in two large trees to grow within the front yard allowing for persons trespassing onto the property to be concealed and simplifying their access in to the residence. Some windows that were boarded up in 2021, have been broken allowing for persons to enter the residence. Additionally, the rear fence separating the property from Desert Gardens Elementary School had fallen 7 Packet Pg. 179
Resolution (ID # 6231) Meeting of January 16, 2024
over due to high winds, allowing for unrestricted access on to the property from athletic fields on the school grounds. Please refer to Exhibit B - Before Photos.
Code Enforcement staff repeatedly has tried to contact Ms. McCann and her family but has received no response. On December 8, 2023, the Community Development Department retained the services of IV Scrap Masters, Inc. to remove the trees, clean the front yard, board up windows and doors, and replace the rear fence. Property conditions have been documented and attached as Exhibit C - After Photos.
Under the City’s Code provisions for recovery of abatement costs (Section 18.65 and
18.66), as recently updated) an abatement lien may include all City costs (direct and indirect) for summary abatement. The Notice of Lien is served in the same manner as summons in a civil matter and is published for twice in the newspaper as well as posted on the property (refer to Exhibit D - Noticing). As of the date of this agenda item, there has been no response from Ms. McCann.
695 Aurora Drive is in property tax default and is scheduled to be auction on February 9, 2024. Code Enforcement staff has been in working with the County of Imperial - Tax Collector staff in order to ensure that any liens are recorded in a timely manner in order to ensure the recovery of city funds used to abate the property. A draft resolution allowing for staff to record a notice of lien for the 2023 nuisance abatement is attached as Exhibit E.
CONCLUSION:
Adopt Resolution No. 24- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO, CALIFORNIA APPROVING THE STATEMENT OF COSTS FOR SUMMARY NUISANCE ABATEMENT FOR 695 AURORA DRIVE AND APPROVING
THE RECORDING OF A NOTICE OF LIEN, COLLECTION THEREON AND RELATED ACTIONS PURSUANT TO CHAPTER 18 OF THE CITY CODE.
ATTACHMENTS:
• Exhibit A - Location Map (PDF)
• Exhibit B - Before Photos (PDF)
• Exhibit C - After Photos (PDF)
• Exhibit D - Notices (PDF)
• Exhibit E - Resolution (PDF)
7 Packet Pg. 180
7.a
Packet Pg. 181 Attachment: Exhibit A - Location Map (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) Front yard with overgrown trees
Site Photographs — Before
Front yard with overgrown trees
7.b
Packet Pg. 182 Attachment: Exhibit B - Before Photos (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) Rear yard with trash and overgrown grass
Site Photographs — Before
Rear yard with trash and overgrown grass
7.b
Packet Pg. 183 Attachment: Exhibit B - Before Photos (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) Front yard
Site Photographs — After
Boarded up window
7.c
Packet Pg. 184 Attachment: Exhibit C - After Photos (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) New chain link fence
Site Photographs — After
Boarded up window
7.c
Packet Pg. 185 Attachment: Exhibit C - After Photos (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) Posted Lien Notice on Property
Notices
Property Tax Default Notice
7.d
Packet Pg. 186 Attachment: Exhibit D - Notices (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) 01/2024/cdz/A23-0002/Reso/NuisanceAbatementfor
695AuroraDr 1
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO, CALIFORNIA APPROVING THE STATEMENT OF
COSTS FOR SUMMARY NUISANCE ABATEMENT FOR 695
AURORA DRIVE AND APPROVING THE RECORDING OF A
NOTICE OF LIEN, COLLECTION THEREON AND RELATED
ACTIONS PURSUANT TO CHAPTER 18 OF THE CITY CODE
WHEREAS, extensive debris, uncontrolled plant growth, and unsecured vacant property located adjacent to an elementary school, constituting an extreme fire hazard, on the residential property known as 695 Aurora Drive, El Centro, CA, as set out in the Notice of Summary Abatement attached as Exhibit "A," a copy of which is on file in the office of the City Clerk, were determined to require immediate summary abatement to protect health and safety of neighboring properties; and
WHEREAS, after notice to the property owner, such summary abatement was performed on or about December 8, 2023; and
WHEREAS, a written itemization of the cost of such abatement proceedings has been submitted as provided in City Code Section 18-65 and filed in the office of the City Clerk; and WHEREAS, as required by that City Code Section, a copy of the statement of costs along with notice of hearing and of the intention to lien the property to recover such costs, if not paid, was served on the property owner at least ten (10) calendar days prior to the date set for hearing in the manner required by City Code Section 18-58; and WHEREAS, proof of service has been made by declaration under penalty of perjury filed with the City Clerk pursuant to City Code Section 18- 65; and WHEREAS, as of the date of this Resolution, such costs remain unpaid; and this report; and account were duly set for hearing by the City Council on January 16, 2024; and WHEREAS, no persons appeared to protest the statement of cots and the statement of cots has been reviewed by the City Council and any revisions made.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES HEREBY RESOLVE THAT:
1. The recitals set out above are true and correct.
2. The City Council finds and determines that such summary abatement was necessary for public health and safety because the conditions on the property constituted a public nuisance.
3. The City Council further confirms the statement of costs as set out below; it is confirmed and such costs are assessed as liens upon the property known as 695
7.e
Packet Pg. 187 Attachment: Exhibit E - Resolution (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) 01/2024/cdz/A23-0002/Reso/NuisanceAbatementfor
695AuroraDr 2
Aurora Drive as shown in the most recent equalized real property assessment roll of the County of Imperial. Such costs also shall constitute a personal obligation of the property owner.
4. The Community Development Director or designee is directed to record the appropriate Notice of Lien, serve such Notice on the property owner and, in the event such costs remain unpaid, thereafter to take the necessary steps to collect such costs either as special assessments or a lien against the property or as a personal obligation of the property owner as provided by City Code Section 18-69.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 16th day of January 2024.
CITY OF EL CENTRO
By: ____________________________
Sylvia Marroquin, Mayor
ATTEST:
By: ___________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By:______________________________
Elizabeth L. Martyn, City Attorney
7.e
Packet Pg. 188 Attachment: Exhibit E - Resolution (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) 01/2024/cdz/A23-0002/Reso/NuisanceAbatementfor
695AuroraDr 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 foregoing Resolution No. 24- 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 , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ______________________________
Norma Wyles, City Clerk
7.e
Packet Pg. 189 Attachment: Exhibit E - Resolution (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) TO: Property Owner of Record, If any
695 AURORA, EL CENTRO, CA 92243
CITY OF EL CENTRO
ITEMIZED STATEMENT OF COSTS FOR
NUISANCE ABATEMENT OF
OVERGROWN TREES AND SECURING
YOUR RESIDENTIAL PROPERTY
AND NOTICE OF HEARING TO COLLECT
SUCH COSTS BY RECORDING A NOTICE
OF LIEN AGAINST YOUR RESIDENTIAL
PROPERTY
NOTICE HEREBY IS GIVEN THAT ON January 16, at 6:00 p.m. or as soon thereafter as it may be heard, in the El Centro City Council Chambers, 1275 Main St., El Centro, California, the City Council shall conduct a hearing on the itemized statement of costs and to consider approval of A Notice of Lien to collect such costs if not paid, as well as to hear any protests and objects to the itemized statement of costs or Notice of Lien.
Background: Your mother, Patricia Carol Wirt, lived at 695 Aurora until her death on or about January 30th, 2015. Thereafter, a dispute arose regarding her estate. As a result of that dispute, the property was allowed to fall into extreme and unsafe disrepair. Transients, shielded by overgrown trees, repeatedly have entered the property and damaged the exterior and outside contents. This situation has created a public nuisance for adjoining properties and specifically for the school because of the strong likelihood of warming fire as the weather gets colder. The Patricia C Wirt, Trustee, previously has been served with a number of citations regarding the condition of the property but has failed to responded.
Costs: The costs of abatement are as follows:
SOURCE DESCRIPTION COST
IV Scrap Masters Inc. Tree trimming & clean up,
board up windows and door,
repair and install new locking
mechanism on side gate,
remove debris from front and
back yard, install chain link
fence (65 ft.)
$7,700.00
Anna Garcia,
Code Enforcement Officer II
Staff Time – 20 hr. @ $30.65 $613.00
Frank Soto, Building Official Staff Time – 2 hr. @ $61.47 $122.94 C. Bernal, Police Officer Staff Time – 5 hr.@ $32.20 $161.00 E. Villa, Police officer Staff Time – 1 hr. @ 33.99 $33.99 City Attorney Time 2 hours @ $175/hour $350.00
*Includes benefits TOTAL $8,980.39
Exhibit "A"
7.e
Packet Pg. 190 Attachment: Exhibit E - Resolution (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) Pursuant to El Centro City Code Section 18-65 and 18-66, as those may be revised from time to time, the costs of nuisance abatement may be recovered from the owners of the property on which the abatement occurred. This notice has been served in the manner required by law.
Any property owner may protest the collection of the costs set out above by filing a written protest with the City Clerk before the date and time of the hearing set out above. The City Clerk may be reached at City Hall, 1275 Main St, El Centro, CA 92243; 760-337-4515.
The City Council will review the itemized statement of costs, make corrections or revisions and may confirm the itemized statement of cost by resolution. The action of the City Council shall be final.
Once confirmed, the statement of costs shall be included in a Notice of Lien. The Notice of Lien then shall be recorded as a special assessment lien against the property to be collected with and in the same manner as real property taxes and subject to the same penalties for delinquency.
Alternatively, the lien may be foreclosed as allowed by law.
If you have questions or comments, please contact Anna Garcia, Code Enforcement Officer at 760-337-4266.
__________________________________________
Cedric Cesena, City Manager
Exhibit "A"
7.e
Packet Pg. 191 Attachment: Exhibit E - Resolution (6231 : Cost Recovery for Nuisance Abatement at 695 Aurora Drive) City Council of the City of El Centro Meeting: 01/16/24 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Change Order
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6239) DOC ID: 6239
Approval of Contract Change Order #6 to Dogwood Road
Improvements at Wake Ave. & Danenberg Drive project with Pyramid Construction and Aggregates Inc., authorizing
emergency work.
CITY MANAGER’S RECOMMENDATION:
Approve the execution of contract change order 6 in the amount of $213,400 and approve a revised budget for the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project.
FISCAL IMPACT:
No Impact to the General Fund
Revised Funding approved by council on October 03, 2023 Road Fair Shares Account (408-3246-710106) $868,671.00
Speed Hump Account (205-3271-710106) $ 13,000.00
Street ImpactFees (234-3246-710106) $870,389.22
Street Impact Fees (234-3246-710106) (10% Contingency) $124,185.00 Waste Water Enterprise (502-9521-710106) $ 334,506.00
Total $2,210,751.22
Contract Change Order #6 will increase contract price $213,400.00. Staff requests the increase in contract price to be supplemented by the Waste Water Enterprise Fund.
Request
Road Fair Shares Account (408-3246-710106) $868,671.00
Speed Hump Account (205-3271-710106) $ 13,000.00
Street ImpactFees (234-3246-710106) $870,389.22
Street Impact Fees (234-3246-710106) (10% Contingency) $124,185.00 Waste Water Enterprise (502-9521-710106) $ 547,906.00
Total $2,424,151.22
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 - Environmental Sustainability & Infrastructure Action 2.8: Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A, contractor is currently under contract
BACKGROUND:
On November 1, 2022, City Council awarded the Dogwood Road Improvements at 8 Packet Pg. 192
Action Item (ID # 6239) Meeting of January 16, 2024
Wake Ave. & Danenberg Dr. project contract to Pyramid Construction and Aggregates Inc. and authorized the budget as presented in the Fiscal Impact section of this report.
On January 11, 2023 Pyramid Construction and Aggregates Inc. was issued a Notice to Proceed.
On January 27, 2023 Pyramid Construction and Aggregates Inc. Began construction activities.
On June 9, 2023, during a routine sewer main inspection, a large void was discovered in a sewer inspection hole wall at the Imperial Avenue and Villa Avenue Intersection. A large void was discovered under the intersection on the other side of said hole. Staff placed traffic control measures in effect to protect the area from collapsing and producing additional damage.
On June 26,2023 City of El Centro City Council Adopted Resolution No. 23 - 66
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO
AUTHORIZING THE EMERGENCY REPAIRS OF A SEWER MAINTENANCE HOLE AT THE INTERSECTION OF VILLA AVENUE AND IMPERIAL AVENUE.
As part of the Emergency Repairs of the Sewer Maintenance Hole, bypassing operations were necessary to maintain city sewage service and make available the sewer maintenance hole to conduct necessary repairs to the maintenance hole and the void surrounding it.
The major sewer line to feed into the inspection hole is a 27" line that crosses under N.
Imperial Ave (SR-86) roadway. In order to maintain traffic flow on N. Imperial Avenue, city staff requested a proposal from Pyramid Construction and Aggregates, Inc. to install a sewer pipeline underneath N. Imperial Avenue (SR-86) in support of the required emergency sewer bypass operation.
City Staff found the proposal reasonable and directed Pyramid Construction to construct the bypass due to the emergency nature of the situation as a Change Order to their Dogwood Road Improvements at Wake Avenue and Danenberg Drive contract.
On October 3rd, 2023 City Council approved the change order to install the emergency bypass line as well as a revised budget for the project.
DISCUSSION:
As part of the active Caltrans Permit to install a sewer bypass line underneath SR-86 near Villa Ave., removal of the bypass line is necessary to satisfy and close out the Caltrans Permit. City staff had submitted a request to Caltrans to keep the bypass line installed to use for future maintenance and emergency situations without disruption of traffic along N. Imperial Avenue. The request was denied by Caltrans. City staff requested a proposal from Pyramid Construction to remove the bypass line they had installed and pave back the roadway section to Caltrans' satisfaction. City Staff received and found the proposal reasonable. City staff recommends approval of the proposal under Contract Change Order #6 of the project.
8 Packet Pg. 193
Action Item (ID # 6239) Meeting of January 16, 2024
CONCLUSION:
Approve the execution of contract change order 6 in the amount of $213,400 and approve a revised budget for the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project.
ATTACHMENTS:
• CCO #6 - Dogwood Rd. Improvements at Wake Ave. and Danenberg Dr. (PDF) 8 Packet Pg. 194
8.a
Packet Pg. 195 Attachment: CCO #6 - Dogwood Rd. Improvements at Wake Ave. and Danenberg Dr. (6239 : Contract Change Order #6 - Dogwood Road Date: Janruary 5, 2024
From: Archie Abeyta
To: City of El Centro
Attn: Felix De Leon
Re: Villa and Hwy 86 Pipe Removal
Pyramid Construction and Aggregates, Inc. proposes the following on the above referenced project as follows:
Removal of existing pipe on Villa
Sawcut $ 2,000.00
Remove asphalt-Remove Pipe- Backfill Trench
349 Excavator operated @ $4500 per day X 5 Days $ 22,500.00 320 Excavator operated @ $3000 per day X 5 days $ 15,000.00 2 laboreres @ $1100 per day X 5 days $ 5,500.00
Compactor @ $1500 per day X 5 days $ 7,500.00
Skip Loader operated @ $2000 per day X 5 days $ 10,000.00 Miscellaneous Material Base Material $ 4,028.00
Grind edge of trench ($2000 X 4 Days) $ 8,000.00
Tack $ 4,000.00
Patch back asphalt(testing included)
Purchase Asphalt from Granite (40 ton minimum each day) 40 tons X 3days X $67 X 1.1(markup)= $2948 X 3 Days $ 8,844.00 75 Tons X 1 day X 67 X 1.1 (markup)=$5528 $ 5,528.00
Place Material 4 days @$12,000 X 4 days $ 48,000.00
Trucking of Asphalt from Granite $ 12,000.00
Bring in profiler for level surface ($11,000 X 1.1) $ 12,100.00 Paint if necessary the damaged paint $ 5,000.00
Traffic Control $3000 X 1.1 x 8 Days $ 26,400.00
8.a
Packet Pg. 196 Attachment: CCO #6 - Dogwood Rd. Improvements at Wake Ave. and Danenberg Dr. (6239 : Contract Change Order #6 - Dogwood Road Material Testing included by Landmark $ 12,000.00
Bond $ 5,000.00
$ 213,400.00
Total Proposal $ 213,400.00
Excludes: Survey, Geotechnical Testing, Permit, Impact fees, engineering and construction water.
Proposal good for 30 Days
8.a
Packet Pg. 197 Attachment: CCO #6 - Dogwood Rd. Improvements at Wake Ave. and Danenberg Dr. (6239 : Contract Change Order #6 - Dogwood Road City Council of the City of El Centro Meeting: 01/16/24 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Budget
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6232) DOC ID: 6232
Approve budget amendment to increase funding to the City Hall Energy Efficiency Upgrades Project
CITY MANAGER’S RECOMMENDATION:
Approve budget amendment per Exhibit A of this report to reduce Measure P FY24 funds to the Demolition of Valley Center point building project and add $160,000 to the City Hall Energy efficiency upgrades project to supplement existing approved funding.
No impact to the General Fund.
Current Construction Measure P Budget (per April 14, 2023 Council Meeting) Vics Original Contract $1,178,590.00
Contingency $ 118,000.00
Total $1,296,590.00
Current Design and Soft Costs Measure P Budget
(per October 4, 2022 Council Meeting)______________
Total $ 160,000.00
Total Approved Project Budget for Construction and Soft Costs is $1,446,590 Requested new Measure P funding is $160,000
Total Proposed Project Funding is $1,606,590
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 Environmental Sustainability and Infrastructure - Action 2.8. Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Staff has verified the contractor's and subcontractor's State License and DIR Registration which are current and in good standing. Business license and insurance will be obtained prior to notice to proceed being issued.
BACKGROUND:
In the early summer of 2022, the City Hall AC began to fail and a temporary system was placed into operation on August 3, 2022. The temporary system continues to provide cooling to the three buildings at City Hall. On October 16, 2022, Council authorized additional funding to continue operating the rental temporary system.
The current system serves all three buildings, if it fails, all City Hall Buildings including the Council Chambers are affected. This has occurred a couple times in the past 9 Packet Pg. 198
Action Item (ID # 6232) Meeting of January 16, 2024
resulting in the need to close city hall and affect normal business operations. The equipment has been replaced in kind over the years. The current equipment is over 22 years old and functions in the same format as it did when installed in 1964.
On October 4, 2022 City approved Measure P funding in the amount of $1.3 million for completely renovating the AC system to provide redundancy and meet current design standards for air quality and comfort. On September 2022, staff received an HVAC evaluation report which provided cost estimates for different options to achieve Council's goals.
On January 17, 2023, NEI, the city's design consultant submitted an energy efficiency report showing the new system operating at a 34.2% energy savings compared to the existing system.
On April 14, 2023 City Council approved a contract with Vic's Mechanical Services Contractors through California Government Code 4217.10-4217.18 to perform energy efficiency upgrades and replace the existing aged system and approve budget as discuss in the Fiscal Impact section of this report.
DISCUSSION:
Work has progressed on the project. The Council Chamber building and Main City Hall buildings are now operating under the new systems. Pending is only the HR/City Manager building to be completed. However, two new unexpected costs have surfaced that have depleted our available contingency as follows:
The final Construction Costs are now estimated at $1,371,592.46, which is $75,002.46 above approved Construction Budget.
The final Design, Utility and soft costs are now estimated at $176,689.21 which is $26,689.21 above approved Design and Soft Costs budget.
Together, the total project cost is now estimated at $1,548,281.67 creating a $101,691.67 shortfall.
Staff requests Council approve an additional $160,000 in Measure P funding to bridge this known shortfall. This provides a small remainder contingency for any last minute small change orders beyond those anticipated at this point.
Understanding Measure P is mostly committed for this FY24, staff has carefully examined existing Measure P commitments in FY24. We have identified funding under the approved Demolition of Valley Center Point that will not be utilized in FY24 that will more than offset the requested budget in this report. Per the award of the Police Station project budget amendment approved in the November 7, 2023 meeting, $2,000,000 for the Valley Center Point demolition were programmed for FY24. The project is not expected to incur major expenses in FY25 thus the vast majority of the programmed funding will not be utilized in FY24 and said funding can be made available for this request. Exhibit A provides the proposed budget amendment. 9 Packet Pg. 199
Action Item (ID # 6232) Meeting of January 16, 2024
Increased costs discussion:
1. Construction Costs. The construction assumed certain conduits supplying power from IID to City hall were in good shape to accept new power cables. During construction it was discovered that the conduits have failed and new conduits and related trench and asphalt work was required. In addition, for continuation of infrastructure service, we are proposing the installation of an electrical transfer switch to permit the installation of an emergency generator to power City Hall in case of an emergency. City hall currently does not have this feature and a prolonged power outage would result in loss of servers, email communication and ability to use Munis payment features such as paying water/sewer bills online. The cost to perform the new underground conduit work and install the electrical transfer switches is estimated at $112,953.35 and was not accounted in the available contingency. Draft Change Order describing this work is attached.
2. Design and Soft Costs (Utility). While replacing the new electrical panels at City Hall, IID requested an upgrade to the IID system to match the requirements of the new city HVAC system. IID has provided an invoice for this work in the amount of $52,232.80.
IID invoice attached. This work is required to permit powering the City Manager's/HR building new system.
CONCLUSION:
Approve budget amendment per Exhibit A of this report to reduce Measure P FY24 funds to the Demolition of Valley Center point building project and add $160,000 the City Hall Energy efficiency upgrades project to supplement existing approved funding.
ATTACHMENTS:
• Exhibit A (PDF)
• IID Invoice (PDF)
9 Packet Pg. 200
EXHIBIT A
Budget
Budget
Revision
Request
To be
requested in
FY25 Budget
FY24 FY24 FY25
Demo of Valley Center point buildings $ 2,000,000 $ 300,000 $ 3,200,000 Expenditure Summary $ 300,000 2,000,000 $ $ 3,200,000
Cost reallocation savings to FY24 $ 1,700,000
Additional HVAC funding request -$ $ 160,000
9.a
Packet Pg. 201 Attachment: Exhibit A (6232 : City Hall HVAC Project CCO)
DESCRIPTION COST
Engineering Fee $ 3,000.00
Engineering Fee $ 2,235.79
OH Construction Labor $ 22,642.50
OH Construction Transportation $ 3,281.40
OH Construction Material $ 19,540.85
UG Construction Labor $ 1,392.04
UG Construction Transportation $ 67.47
Metering $ 2,062.85
G&A Overhead $ 11,841.73
Transformer Credit $ 10,831.83-
Engineering Fee Paid $ 3,000.00-
BUSINESS PARTNER # 3008013
CITY OF EL CENTRO
1275 W MAIN ST
EL CENTRO CA 92243
AMOUNT DUE: $52,232.80
IMPERIAL IRRIGATION DISTRICT
MAILING ADDRESS: IID, ATTN: CUSTOMER PROJECT DEVELOPMENT, P.O. BOX 937, IMPERIAL, CA 92251 BUSINESS ADDRESS: 333 S. WATERMAN AVE., EL CENTRO, CA 92243, PHONE: (760) 482-3300 THIS ESTIMATE IS SUBJECT TO REVIEW IF PAYMENT IS NOT RECEIVED BY 07/02/2024 DATE: January 04, 2024
SERVICE NOTIFICATION # 4035733
PROJECT LOCATION:
1275 W MAIN ST
EL CENTRO CA 92243
PROJECT DESCRIPTION: (2)400A,120/240V,3PH REPLACE EXISTNG MTR TOTAL AMOUNT DUE $ 52,232.80
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Packet Pg. 202 Attachment: IID Invoice (6232 : City Hall HVAC Project CCO) City Council of the City of El Centro Meeting: 01/16/24 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Award of Bid
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6233) DOC ID: 6233
Discussion and any necessary action regarding the Award of the East Main Street Evan Hewes Hwy Rehabilitation Project CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AWARDING THE BID AN AUTHORIZING THE EXECUTION OF A
CONTRACT FOR THE EAST MAIN STREET EVAN HEWES HIGHWAY
REHABILITATION PROJECT
FISCAL IMPACT:
No Impact to the General Fund
State STIP funds (401-3275-710106) $1,137,000
State SB1RMRA funds (202-3275-710106) $ 706,000
LTA (205) $ 75,840
LTA (205) Contingency $ 200,000
Total $2,118,840
The above funding schedule will require a budget amendment to create and add $275,840 to account 205-3275-710106.
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:
Vance Corporation has a current Contractor's License and is to obtain a City of El Centro Business License prior to work.
BACKGROUND:
City Staff applied and received allocations of State STIP funds in the amount of $1,137,000 to support the rehabilitation of Evan Hewes Highway / East Main St. from Dogwood Ave. to East City Limits (Cooley Road).
In addition, on May 16, 2023 council approved a resolution assigning anticipated RMRA funding in FY 23/24, to supplement and add to the available funding for this project.
On November 7, 2023 City Council approved plans and specifications to be released out for bidding. November 14, 2023 the project was advertised. 10 Packet Pg. 203
Action Item (ID # 6233) Meeting of January 16, 2024
Two (2) pre-bid meetings were held with a total of five (5) potential bidders attending.
DISCUSSION:
Three bids were received with Vance Corporation being the lowest responsive bidder.
Bidder Name Total Bid
Vance Corporation $1,918,840
Rove Engineering $1,972,770
Hazard Company $2,115,180
Staff has reviewed the bids and recommends awarding to Vance Corporation.
CONCLUSION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AWARDING THE BID AN AUTHORIZING THE EXECUTION OF A
CONTRACT FOR THE EAST MAIN STREET EVAN HEWES HIGHWAY
REHABILITATION PROJECT
ATTACHMENTS:
• Reso 24 - , (PDF)
• Bid Results Sheet (PDF)
10 Packet Pg. 204
01/2024/cdz/A23-0239/Reso/AwardBid/Evan Hewes
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE EAST MAIN
STREET EVAN HEWES HIGHWAY REHABILITATION
PROJECT
WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California and the notice inviting bids has been advertised as required by section 2-185.15 of the City Municipal Code for the Eat Main Street Evan Hewes Roadway Rehabilitation Project (the “Project”); and
WHEREAS, three (3) bids were received and opened on December 14, 2023, in accordance with law, and the Public Works Director has made a report thereon; and WHEREAS, the City Council has considered the report of the Public Works Director and, as a result, has determined that three (e) firms submitted bids, with Vance Corporation, an active California corporation (“Vance”), submitting the lowest responsive and responsible bid in the total amount of one million nine hundred eighteen thousand eight hundred forty dollars and zero cents ($1,918,840.00); and
WHEEAS, the City Council finds that Vance is the lowest responsible and responsive bidder, that all other proposals and bids are rejected, and waives any irregularities in the Vance proposal for the reasons set out in the record of this meeting; and WHEREAS, the City Council finds that the award and approval of a contract to 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 Vance Corporation for the Project.
3. That the City Manager is hereby authorized to sign a contract for the Project in the total amount of one million nine hundred eighteen thousand eight hundred forty dollars and zero cents ($1,918,840.00), 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 two hundred thousand dollars and zero cents ($200,000.00) for the Project.
5. That the City Manager is further authorized to approve and execute any change orders for the Project up to a single change order amount of two hundred thousand dollars and zero cents ($200,000.00), individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.
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Packet Pg. 205 Attachment: Reso 24 - , (6233 : Award East Main Street Evan Hewes Hwy Rehabilitation Project) 01/2024/cdz/A23-0239/Reso/AwardBid/Evan Hewes
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 , 2024.
CITY OF EL CENTRO
By _______________________
Sylvia Marroquin, 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. 24- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of ,2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
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Packet Pg. 206 Attachment: Reso 24 - , (6233 : Award East Main Street Evan Hewes Hwy Rehabilitation Project)
BID SHEET
PROJECT: East Main Evan Hewes Highway
Rehabilitation Project
Engineering
BID OPENING DATE: December 14, 2023
BID OPENING TIME: 2:00 p.m.
BIDDER NAME TOTAL BID
Vance Corporation
$1,918,840.00
Hazard Company
$2,115,180.00
Rove Engineering
$1,972,770.00
10.b
Packet Pg. 207 Attachment: Bid Results Sheet (6233 : Award East Main Street Evan Hewes Hwy Rehabilitation Project)
10.b
Packet Pg. 208 Attachment: Bid Results Sheet (6233 : Award East Main Street Evan Hewes Hwy Rehabilitation Project)