AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, JULY 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 July 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/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=85965380290 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Sylvia Marroquin City Manager: Cedric Ceseña
Interim Mayor ProTem:Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Tomás Oliva City Clerk: Norma Wyles
Sonia Carter
Edgard Garcia
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 Agenda City Council of the City of El Centro July 16, 2024 City of El Centro Page 2
opportunities for Public Comments will be given during and at the end of the meeting.
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION:
ANTICIPATED LITIGATION BY THE CITY
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) - 1 cases
ANTICIPATED LITIGATION AGAINST THE CITY
A point has been reached where, in the opinion of the City Council upon the advise 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)(2) - 2 cases
CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 054-310-037.
Agency Negotiators: City Manager and Community Services Director Negotiating party: Rove Engineering
Under negotiation: price and terms
NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record.
RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION:
Agenda City Council of the City of El Centro July 16, 2024 City of El Centro Page 3
ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:
ROLL CALL BY CITY CLERK:
PLEDGE OF ALLEGIANCE:
INVOCATION:
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION:
6:10-6:15 (TIME MAY VARY) PUBLIC COMMENTS:
The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:35 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:
1. Measure P Funding Youth Sports Program Update - El Centro Little League, Ivan Murillo
2. Certificate of Recognition - Jon LeDoux
3. Certificate of Appreciation - Victor Zazueta
4. Certificate of Appreciation - Todd Evangelist
6:35-6:40 CONSENT AGENDA (ITEMS 5-9):
5. Approve Warrant Registers for the Month of June 2024
6. Approve Payroll Registers for the Month of June 2024.
7. Approval of Treasurer's Report for the month of June 2024
8. Approval of City Council Minutes of June 27, 2024 and July 2, 2024.
9. Acceptance of Mr. Victor Zazueta’ s resignation from the Library & Community Services Board, effective July 20, 2024.
Agenda City Council of the City of El Centro July 16, 2024 City of El Centro Page 4
6:40-7:10 NEW BUSINESS:
10. MOU for Certified Water/Wastewater Operators
PRESENTATION: Dulce Bedolla, Human Resources Director
RECOMMENDATION:
Adopt Resolution No. 24 - , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO SETTING OUT THE TERMS AND CONDITIONS OF
EMPLOYMENT FOR CERTIFIED WATER TREATMENT PLANT OPERATORS,
CERTIFIED WASTEWATER TREATMENT PLANT OPERATORS, AND
CERTIFIED WATER DISTRIBUTION OPERATORS/SEWER.
11. Acceptance of the FY 24-25 Cannabis Tax Fund Grant Program.
PRESENTATION: Chief Robert Sawyer
RECOMMENDATION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE CANNABIS TAX FUND GRANT PROGRAM (CTFGP).
12. Ordinance Regarding Use of City Seal, Logo, and Hash Tags.
PRESENTATION: Mario Renteria, Public Information Officer RECOMMENDATION:
Approve Ordinance No. 24- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING SECTION 1.24OF THE MUNICIPAL
CODE GOVERNING USE OF THE CITY SEAL, LOGOS AND HASHTAGS, approve as a first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
13. Discussion and any necessary action regarding the appointments to the Personnel Appeals Board to fill one (1) unscheduled vacancy.
PRESENTATION: Mayor Sylvia Marroquin
RECOMMENDATION:
Mayors Recommendation: Approve one (1) appointment to the Personnel Appeals Board with term ending April 15, 2027.
Agenda City Council of the City of El Centro July 16, 2024 City of El Centro Page 5
14. Discussion and any necessary action regarding appointment to the Library & Community Services Board.
PRESENTATION: Mayor Sylvia Marroquin
RECOMMENDATION:
Mayor's Recommendation: Appointment to the Library & Community Services Board for one (1) un-scheduled voting member with term ending on June 30, 2026.
LEGISLATIVE ACTION:
INFORMATIONAL ITEMS:
15. Old City Library Electrical Emergency Repairs.
16. Received and referred to Community Development Department, Application for Alcoholic Beverage License -Belenus LLC. Los Compadres Market 531 N 5th St., El Centro, CA 92243-1812.
7:10-7:35 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
7:35-7:45 CITY MANAGER REPORT:
ADJOURNMENT:
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.
City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6451) DOC ID: 6451
Measure P Funding Youth Sports Program Update - El
Centro Little League, Ivan Murillo
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City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Recognition
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6415) DOC ID: 6415
Certificate of Recognition - Jon LeDoux
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City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6462) DOC ID: 6462
Certificate of Appreciation - Victor Zazueta
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City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6463) DOC ID: 6463
Certificate of Appreciation - Todd Evangelist
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City Council of the City of El Centro Meeting: 07/16/24 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 # 6450) DOC ID: 6450
Warrant Registers for the Month of June 2024
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of June 2024
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:
· June 2024 (PDF)
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Attachment: June 2024 (6450 : Warrant Registers for June 2024) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Cristhian A. Zambrano
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 6459) DOC ID: 6459
Approval of Payroll Registers for the Month of June 2024.
CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the Month of June 2024.
ATTACHMENTS:
· PAYROLL REGISTERS JUNE 2024 (PDF)
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Attachment: PAYROLL REGISTERS JUNE 2024 (6459 : Payroll Registers for the Month of June 2024) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Nora Salas
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 6458) DOC ID: 6458
Treasurer's Report for the month of June 2024
CITY MANAGER’S RECOMMENDATION:
Approval of Treasurer's Report for the month of June 2024 ATTACHMENTS:
· TREASURER'S REPORT JUNE 2024 (PDF)
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CITY OF EL CENTRO
TREASURER'S REPORT
SCHEDULE OF INVESTMENTS
JUNE 2024
Maturity Market
Value
Rate
Par IPcntl mi £ost
GENERAL ACCOUNT
U.S. Savings and CD's
First FinI BK 3202ISKR6
Goldman Sachs 38150VST7
JPMorgan Chase BK 46656M4V0
JPMorgan Chase BK N 46656MQE4
US BK Natl Assn 903SSUCM5
Valley Natl BK919853LE9
02/14/25 $
01/16/25 $
04/17/25 $
09/27/24 S
02/07/25 $
01/16/25 S
235,000 4.850
240,000 5.100
235,000 5.400
235,000 5.700
235,000 4.950
240,000 5.150
1,420,000
4.870 $
5.110 S
5.400 $
5.700 S
4.960 $
5.160 S
235,000
240,000
235,000
235,000
235,000
240.000
S 234,215
239,633
234,967
235,002
234,504
239.698
$
$
$
S
S 1 I
1,420,000 1,418,019
U.S Corporate Obligations
Sallie Mae Bk Murray Utah 7954506Z3
Texas Exchange Bk Crowley 88241TLS7
Toyota Finl Svgs Bk Hend Nv 8923SMLG4
Synchrony Bank 87I64XA22
Mountain Amer Fed Cr Un West 62384RAQ9
All in Fed Cr Un Delaville A 01664MAH9
Affinity Fed Cr Un 00832KBU2
Kemba Financial Credit Union 48836LAV4
Metro Cr Un Chelsea Mass 59161YBH8
Bank of China New York City 06428FZ26
Webbank Salt Lake City Utah 947547J22
Subtotal
07/08/24
07/30/24
08/12/24
09/03/24
10/15/24
10/31/24
11/15/24
11/25/24
03/11/25
03/17/25
03/04/26
S 245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
235,000
245,000
2,685,000
0.550 0.550
0.500 0.500
0.600 0.600
0.550 0.560
4.750 4.760
5.700 5.700
5.800 5.790
5.150 5.150
5.650 5.640
5.150 5.160
5.150 5.150
S 245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
235,000
245,000
2,685,000
S 244,672
243,944
243,555
242,854
244,557
245,096
245,216
244,787
245,647
234,706
245,042
2,680,073
S S s
s s $
s s s
s s $
s s s
s s s
s s s
s s $
s $ $
$ s s
U.S Government Obligations
Federal Home Loan Bks 3I30AMZM7
FNMA3135GA4R9
Federal Home Loan BIk 3130AQRP0
Federal Home Loan Bks 3130ANLX6
FHLMCMTN 3134GY4Z2
Federal Home Loan Bks 3130AMV74
Federal Home Loan Bks 3130ALZX5
FHLMCMTN 3134GX6B5
Federal Home Loan Bks 3130APV69
FHLMCMTN 3134GY4Y5
Federal Home Loan Bks 3130AMBY7
Federal Home Loan Bks 3130APZ8I
Federal Home Uan Bks 3130AR3B5
Federal Home Loan Bks 3130AMGV8
Federal Home Uan Bks 3130AM2B7
Federal Home Uan Bks 3130AMQU9
Federal Home Uan Bks 3130B0JZ3
Federal Farm CR Bks 3133EP2P9
Federal Home Loan Bks 3130AYQG4
Federal Home Loan Bks 3130B0UY3
Federal Home Loan Bks 3130AM2F8
Subtotal
07/15/24
08A23/24
08/23/24
08/26/24
08/28/24
09/30/24
10/29/24
11/15/24
11/25/24
11/26/24
11/26/24
12/16/24
02/25/25
02/26/25
04/29/25
06/16/25
09/25/25
11/13/25
01/29/26
04/17/26
04/29/26
S 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
15,750,000
750,000 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
15,750,000
0.500 0.500
0.420 0.420
1.400 1.410
0.500 0.510
5.000 5.010
0.400 0.410
0.520 0.530
748,628
744,293
745,455
744,030
749,205
740,618
738,068
749,550
736,065
748,515
734,633
736,373
741,225
727,298
725,805
722,175
749,670
748,328
750,030
749,865
701,348
15,531,173
S S s
s s s
s s s
s s s
$ s $
$ s s
s 5.375 5.380 S $
s 1.000 1.020 $
5.200 5.210 $
0.550 0.560 $
1.250 1.280 S
1.750 1.770 S
0.625 0.640 $
0.625 0.650 $
0.625 0.650 $
5.500 5.500 $
5.260 5.270 $
5.250 5.250 $
5.500 5.500 $
1.125 1.200 $
$
$ $
S s
s s
s s
s $
s s
s $
$ $
$ $
$ $
$ s
$ $
Other Investments
Cash Equiv.
Local Agency Investment Fund
Subtotal
S 4,381,951 0.010
S 65,000,000 4.332
69J8L9S1
0.010 S 4,381,951
4.332 $ 65,000,000
69481,951
S 4,381,951
S 65,000,000
69481,951
Subtotal 89436,951 89,236,951 89,011416
Bonds
Series B - 2007 Redevelopment
2021 Series A - Library Bond Project
2023 Series A - Police Station Project
S 1,928,520 0.010
S 6,660,555 0.010
S 37,594,582 0.010
46,183,657
0.010 S 1,928,520
0.010 S 6,660,555
0.010 S 37,594,582
46,183,657
S 1,928,520
S 6,660,555
S 37,594,582
46,183,657
Total 135,420,608 135,420,608 135,194,873
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Attachment: TREASURER'S REPORT JUNE 2024 (6458 : Treasurer's Report for the month of June 2024)
CITY OF EL CENTRO
TREASURER'S REPORT
SCHEDULE OF INVESTMENTS
JUNE 2024
Prior Fiscal
Year YTD
Same Period
This Fiscal
Month YTD
Interest Received
25,914 $ 759,467 $
2,508,276
Other Investments
LAIF
Total
357,519
1,123,412
25,914 3,267,743 1,480,931
Balance
05/31/24
Balance
Change 06/30/24
Monthly Activity
General Accounts
U.S. Savings and CD's
U.S. Corporate Obligations
U.S. Government Obligations
Cash Equiv. & Other Investments
LAIF
1,420,000 S
2,930,000
17,250,000
2,611,037
68,288,692
1,420,000
2,685,000
15,750,000
4,381,951
65,000,000
(245,000)
(1,500,000)
1,770,914
(3,288,692)
92,499,729 (3,262,778) 89,236,951
Trustee Accounts
Series B - 2007 Redevelopment
Library 2021 Bond Project
El Centro Police 2023 Bond Project
1,928,512
6,660,526
37.461.920
46,050,958
1,928,520
6,660,555
37.594.582
46,183,657
28.29 132,662
132,699
Total S 138,550,687 S 135,420,608
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.
O
Elizabeth Fuchen
Finance Manager
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Attachment: TREASURER'S REPORT JUNE 2024 (6458 : Treasurer's Report for the month of June 2024) Cityof El Centro
Treasurer's Report
Summary of Investments
as of 06/30/2024
Investment Unrealized
gain/loss Net increase
decrease
Market Value
end of Period
percent
of total
income
Cost/Par to-date
1 U.S. Savings and CD’s $ 1,420,000 (U981) $ 1,418,019 2% 2 U.S Corporate Obligations $ 2,685,000 $ (4,927) $ 2,680,073 3% 3 U.S. Government Obligati $ 15,750,000 $ (218,828) $ 15,531,173 18% $ 4,381,951 $ 4,381,951 5% 4 Cash Equiv. & Other Inve!
5 LAIF $ 65,000,000 $ 65,000,000 73%
Total $ 89,236,951 $ $ (225,735) $ 89,011,216 100%
(*) Investments 1 through 5
Investments are held to maturity redemption is at cost rendering no loss.
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Attachment: TREASURER'S REPORT JUNE 2024 (6458 : Treasurer's Report for the month of June 2024) City Council of the City of El Centro Meeting: 07/16/24 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 # 6446) DOC ID: 6446
Approval of City Council Minutes of June 27, 2024 and July 2, 2024.
CITY MANAGER’S RECOMMENDATION:
Approval of City Council Minutes of June 27, 2024 and July 2, 2024.
ATTACHMENTS:
· 06-27-2024 Special Meeting CC Minutes (PDF)
· 07-02-2024 Regular CC Minutes (PDF)
8 Packet Pg. 89
Book 37
SPECIAL MEETING
EL CENTRO CITY COUNCIL
CITY HALL, CONFERENCE ROOM A
1275 MAIN STREET, EL CENTRO, CA
THURSDAY, JUNE 27, 2024, 12:00 P.M.
OPEN SESSION
The El Centro City Council met in a special meeting on Thursday, June 27, 2024 at 12:01 p.m. in Conference Room A, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans CLOSED SESSION PUBLIC COMMENT:
No comments were received.
MOTION TO GO INTO CLOSED SESSION:
Moved by Cardenas-Singh, second by Oliva to go 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) – 1 case.
CONFERENCE WITH LABOR NEGOTIATORS
Conference with Labor Negotiators pursuant to Govt. Code Section 54957.6 Agency representatives: City Manager, Human Resources Director and consultant Patrick Clark Employee Organization: Water and Wastewater Treatment Operators Negotiating regarding salaries, salary schedules and compensation in the form of fringe benefits.
Motion carried.
OPEN SESSION
The El Centro City Council met in a special meeting on Thursday, June 27, 2024 at 1:03 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter 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 at this time.
PUBLIC COMMENTS
No public comments were received.
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Attachment: 06-27-2024 Special Meeting CC Minutes (6446 : Approval of City Council Minutes) Book 37
CONSENT AGENDA
Moved by Oliva, second by Cardenas-Singh, approving consent items # 1-2.
1. Adoption of Resolution No. 24-54, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2024-2025 FISCAL YEAR
IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA.
2. Adoption of Resolution No. 24-55, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING AN ENGAGEMENT AGREEMENT WITH VMG HEALTH FOR APPRAISAL OF HOSPITALITY PROPERTY.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None
NEW BUSINESS
1. Presentation by Karla Chaparro, Director of Finance, annual fiscal year 2025 budget.
Moved by Oliva, second by Marroquin, adoption of Resolution No. 24-56, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2024-2025.
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
ADJOURNMENT
With no further business to come before City Council, the meeting adjourned 1:28 p.m. ____________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Sylvia Marroquin, Mayor
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Attachment: 06-27-2024 Special Meeting CC Minutes (6446 : Approval of City Council Minutes) Book 37
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JULY 2, 2024, 11:30 A.M.
The El Centro City Council met in a regular session on Tuesday, July 2, 2024 at 11:31 a.m. in Conference Room A, El Centro City Hall, 1275 W. Main Street, El Centro, California for the purpose of closed session.
PRESENT: Council: Cardenas-Singh, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans (via Zoom) ABSENT: Council: Oliva (arrived at 11:57 a.m.)
CLOSED SESSION PUBLIC COMMENT
None
CITY COUNCIL CLOSED SESSION
Moved by Cardenas-Singh, second by Carter, to adjourn into closed session for:
EXISITING LITIGATION:
Closed Session pursuant to Govt. Code Section 54956.9(d)(1): City of El Centro v. Imperial County LAFCO.
ANTICIPATED LITIGATION: BY THE CITY
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) - 2 cases.
CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Property: APN 054-310-037.
Agency negotiators: City Manager and Community Services Director Negotiating party: Rove Engineering
Under negotiation: price and terms
Motion carried.
Closed Session concluded at 1:45 p.m.
City Council recessed to 6:00 p.m.
OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, July 2, 2024 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans (via Zoom)
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Attachment: 07-02-2024 Regular CC Minutes (6446 : Approval of City Council Minutes) Book 37
Pledge of Allegiance to the flag of the United States of America was led by Council Member Oliva and Invocation was given by Council Member Carter.
CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action at this time.
PUBLIC COMMENTS
Public comments were made by Alexia Araujo from SBDC.
PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR
1. Measure P Funding for Youth Sports Program update from El Centro Little League, El Centro Police Athletic League, and El Centro Youth Football Association. Presentations were made by Ed Preciado for the El Centro Police Athletic League and Todd Evangelist for the El Centro Youth Football Association. El Centro Little League will be presenting an update at a future meeting.
2. Proclamation for International Lifeguard Day – July 31, 2024, presentation by Rebecca Corfman.
3. Proclamation for National Parks and Recreation Month – July 2024, presented by Adriana Nava, Community Services Director and Gustavo Ibarra, Interim Recreation Supervisor.
4. Presentation of the Imperial Valley 9/11 Memorial Event & Stair Climb by Carlos Pitones.
CONSENT AGENDA (ITEMS 5-9)
Moved by Garcia, second by Cardenas-Singh, approving consent items # 5-9.
5. Approval of City Council Minutes of June 18, 2024 and June 24, 2024.
6. Adoption of Resolution No. 24-57, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO ORDERING THE SUMMARY ABANDONMENT OF THE RIGHT OF WAY LOCATED ON A PORTION OF TRACT 86 TOWNSHIP 16 SOUTH, RANGE 14 EAST, SAN BERNARDINO
MERIDIAN, GENERALLY LOCATED ALONG THE SOUTHEAST QUADRANT OF THE IMPERIAL AVENUE AND INTERSTATE 8 INTERSECTION IN THE CITY OF EL CENTRO.
7. Approval of the execution of Contract Change Order #2 in the amount of $137,702.50 and approve a revised budget as presented for the Commercial Ave. Improvements Project.
8. Adoption of Resolution No. 24-58, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 00000a603 TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 11- 5169S21 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.
9. Adoption of Resolution No. 24-59, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING A FUNDING AGREEMENT WITH THE IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT FOR THE PAVING OF FRAZIER FIELD PARKING LOT.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None
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Attachment: 07-02-2024 Regular CC Minutes (6446 : Approval of City Council Minutes) Book 37
NEW BUSINESS
10. Moved by Cardenas-Singh, second by Carter, approval of additional funding in the amount of $251,053 in Measure P funding and authorize the City Manager to approve Amendment No. 8 with Arrington Watkins Architects, Inc., for the Police Station Project, for a revised contract cost of $2,792,213.00
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None
11. Moved by Marroquin, second by Cardenas-Singh, approving a letter of support requested by SCAG for AB 2485 – Increasing Transparency and Accuracy of the Regional Housing Needs Assessments Determination.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None
12. Moved by Oliva, second by Cardenas-Singh, appointment of Mary Camacho to the Imperial Valley Housing Authority to fill one scheduled vacancy with term ending July 1, 2028.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None
LEGISLATIVE
None
INFORMATION ITEM
13. Received Old City Library Electrical Emergency Repairs report.
14. Received and referred to Community Development Department, Application for Alcoholic Beverage License – VSR Marketing Inc, El Sol Market, 1586 S. 4th St., El Centro, CA 92243-4504.
15. Received and filed notification of Southern California Gas Company’s request for compensation through the gas cost incentive mechanism A.24-06-005.
TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.
CITY MANAGER REPORT
Reported on activities.
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Attachment: 07-02-2024 Regular CC Minutes (6446 : Approval of City Council Minutes) Book 37
ADJOURNMENT
With no further business, the meeting was adjourned at 7:00 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor
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Attachment: 07-02-2024 Regular CC Minutes (6446 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Acceptance of Resignation Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6449) DOC ID: 6449
Acceptance of Resignation from Mr. Victor Zazueta from the Library & Community Services Board.
CITY MANAGER’S RECOMMENDATION:
Acceptance of Mr. Victor Zazueta's resignation from the Library & Community Services Board, effective July 20, 2024.
ATTACHMENTS:
· Victor Zazueta - Resignation Memo(PDF)
9 Packet Pg. 96
RCUD CITV CLERK’S
JUL012024am11:29
City of El Centro
Norma Wyles, City Clerk
1275 Main Street
El Centro, CA 92243
I hereby submit my resignation to the Library & Community Services Board effective on this date:
/
Victor Zazueta
1603 Farmer Drive
El Centro, CA 92243
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Attachment: Victor Zazueta - Resignation Memo (6449 : Acceptance of Resignation from Mr. Victor Zazueta.) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: Human Resources
El Centro, CA 92243 Category: Personnel
Prepared By: Dulce Bedolla
SCHEDULED Department Head: Dulce Bedolla
ACTION ITEM (ID # 6457) DOC ID: 6457
MOU for Certified Water/Wastewater Operators
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO SETTING OUT THE TERMS AND CONDITIONS OF EMPLOYMENT
FOR CERTIFIED WATER TREATMENT PLANT OPERATORS, CERTIFIED
WASTEWATER TREATMENT PLANT OPERATORS, AND CERTIFIED WATER DISTRIBUTION OPERATORS/SEWER.
FISCAL IMPACT:
Compensation for the MOU will be paid by Enterprise Funds.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
The current Memorandum of Understanding (MOU) with the Certified Water Treatment Plant Operators, Certified Wastewater Treatment Plant Operators, and the Certified Water Distribution Operators/Sewer promised to conduct a total compensation study and after completion of such, it allowed for the Water group to reopen the Agreement to bargain salary. Therefore, we have met and conferred on revised terms and conditions to the current MOU and have reached an agreement.
DISCUSSION:
The modified terms and conditions agreed to in a tentative agreement are being presented to the City Council for final approval. Major changes are as follows:
1- Three year agreement.
2- Classifications that are below market based on the 2023 compensation study shall be eligible for up to 10% base pay increase per fiscal year until classification is brought up to market.
3- Utility Field Representative from W3 to W4 and Lead Utility Field Representative from W7 to W8.
4- 2% COLA increases July 2024, July 2025 and July 2026.
CONCLUSION:
10 Packet Pg. 98
Action Item (ID # 6457) Meeting of July 16, 2024
Adopt Resolution No. 24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO SETTING OUT THE TERMS AND CONDITIONS OF EMPLOYMENT
FOR CERTIFIED WATER TREATMENT PLANT OPERATORS, CERTIFIED
WASTEWATER TREATMENT PLANT OPERATORS, AND CERTIFIED WATER DISTRIBUTION OPERATORS/SEWER.
ATTACHMENTS:
· RESOLUTION NO. 2024- , MOU CERTIFIED WATER TREATMENT (DOCX) · MOU - Water Unit Agreement FINAL (DOCX)
10 Packet Pg. 99
07/2024/cdz/A24-0118/Reso/MOU_WaterUnit
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO SETTING OUT THE TERMS AND CONDITIONS OF
EMPLOYMENT FOR CERTIFIED WATER TREATMENT PLANT
OPERATORS, CERTIFIED WASTEWATER TREATMENT PLANT
OPERATORS AND CERTIFIED WATER DISTRIBUTION
OPERATORS/SEWER UNIT
WHEREAS, on August 16, 2022, the City Council approved Resolution No. 22-91 in the form previously approved by the Unit, approving and Agreement setting out terms and conditions for employment; and
WHEREAS, Resolution No. 22-91 provided for a review of Unit compensation, which review now has been performed, resulting in modifications to the Agreement previously approved to update the compensation for the Unit; and
WHEREAS, the City Council now finds that it is in the best interests of the City to adopt this updated resolution approving the MOU for the Certified Water Treatment Plant Operators, Certified Wastewater Treatment Plant Operators and Certified Water Distribution Operators/Sewer Employees which wassigned by the Unit on July _____, 2024.
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. The City Council hereby approves the MOU attached and incorporated as Exhibit 'A', a copy of the MOU has been provided to each member of the Unit and which is 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 held on the 16th day of July, 2024.
CITY OF EL CENTRO
By___________________________
Sylvia Marroquin, Mayor
ATTEST:
By_______________________________
Norma Wyles, City Clerk
10.a
Packet Pg. 100 Attachment: RESOLUTION NO. 2024- , MOU CERTIFIED WATER TREATMENT (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24-0118/Reso/MOU_WaterUnit
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 at a regular meeting of the City Council of the City of El Centro, California, held on July 16, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
10.a
Packet Pg. 101 Attachment: RESOLUTION NO. 2024- , MOU CERTIFIED WATER TREATMENT (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24-0118/MOU/WaterUnit 1
Agreement between the City of El Centro
and
the Certified Water Treatment Plant Operators, Certified Wastewater Treatment Plant Operators, and Certified Water Distribution Operators/Sewer July 1, 2024 – June 30, 2027
ARTICLE I – GENERAL PROVISIONS APPLICABLE TO ALL UNIT MEMBERS Section 1.1 Parties to Agreement
This agreement (“Agreement” or the “Agreement”) is the result of meet and confer sessions held between the Parties hereto pursuant to the Meyer-Milias-Brown Act (California Government Code §§3500 et seq.), and has been executed by the CITY OF EL CENTRO (the “City”) and by representatives of each of the three groups within the Unit: the CERTIFIED WATER TREATMENT OPERATORS, the CERTIFIED WASTEWATER TREATMENT PLANT OPERATORS, and the CERTIFIED WATER DISTRIBUTION OPERATORS/SEWER (collectively the “Water Unit”) (individually, “Party;” collectively, “Parties”).
Section 1.2 Coverage, Recognition and Effective Dates
a. General. This Agreement covers the Employees occupying the classifications as set forth in Appendix A, attached and incorporated. Except as otherwise provided herein, the terms of this Agreement are effective July 1, 2024, and shall remain in full force through June 30, 2027, or until a successor agreement is adopted by the City Council. b. Application of Agreement to Groups. The application of the Articles of this Agreement to the groups covered by this Agreement shall be as follows:
1. ARTICLES I – VIII: Apply to all Employees covered in this Agreement.
2. ARTICLE IX: Applies to the Certified Water Treatment Plant Operators and Certified Wastewater Treatment Plant Operators.
3. ARTICLE X: Applies to the Certified Water Distribution Operators/Sewer.
Section 1.3 Ratification
It is agreed that this Agreement is of no force or effect until ratified and approved by the Employees and by Resolution duly adopted by the City Council of the City of El Centro (the “City Council”).
Section 1.4 Implementation
This Agreement constitutes a mutual recommendation by the parties hereto to the City Council that one or more resolutions be adopted accepting this Agreement and affecting the changes enumerated herein relative to wages, hours, fringe benefits, and other terms and conditions of employment for the classifications represented by the Employees.
10.b
Packet Pg. 102 Attachment: MOU - Water Unit Agreement FINAL (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24-0118/MOU/WaterUnit 2
Section 1.5 Partial Invalidity
If any section, sub-section, sentence, clause, or phrase of this Agreement is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portion of the Agreement.
Section 1.6 Hiring
Whenever the City hires an Employee who is covered by this Agreement, the City will provide that person with a copy of this Agreement.
Section 1.7 City’s Personnel Rules and Regulations
a. Incorporation. The City’s Personnel Rules and Regulations are incorporated by reference in this Agreement and shall be binding on the Parties to the extent they do not conflict with this Agreement. Items or issues contained within the City Personnel Rules and Regulations that are subject to bargaining under the Meyers-Milias-Brown Act will not be changed until an agreement is reached between the City and the affected Employee collective bargaining groups.
b. Layoff. Should an Employee be terminated due to layoff, then on the effective date of such termination, the provisions of this Agreement shall be rendered null and void. Thereafter, the Employee shall have only those rights and prerogatives regarding layoff and reemployment that are prescribed in the Personnel Rules and Regulations.
ARTICLE II – RIGHTS OF THE CITY AND OF EMPLOYEES
Section 2.1 City Rights
a. Rights. The exclusive rights of the City include, but are not limited to, the following:
1. Determine issues of public policy;
2. Determine the merits, necessity, and organization of any service or activity conducted by the City;
3. Determine and change the facilities, methods, means, and personnel by which City operations are to be conducted;
4. Expand or diminish services;
5. Determine and change the number of locations, relocations, and types of operations and the processes and materials to be employed in carrying out all City functions, including, but not limited to, the right to subcontract any work or operation;
6. Determine the size and composition of the workforce and to assign work to Employees in accordance with requirements as determined by the City;
7. Relieve Employees from duty because of lack of work or other non-disciplinary
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Packet Pg. 103 Attachment: MOU - Water Unit Agreement FINAL (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24-0118/MOU/WaterUnit 3
reasons, provided such is done in accordance with the City’s Personnel Rules and Regulations, as modified hereby;
8. Discharge, suspend, or otherwise discipline Employees for proper cause;
9. Determine job classifications;
10. Determine policies, procedures, and standards for selection, training, and promotion of Employees;
11. Establish Employee performance standards, including, but not limited to, quality and quantity standards;
12. Maintain the efficiency of governmental operations;
13. Take any and all necessary actions to carry out its mission in emergencies;
14. Exercise complete control and discretion over its organization and the technology of performing its work and services; and
15. Establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services. b. Discrimination Prohibited. The City, in exercising these rights and functions, will not unlawfully discriminate against any Employee or Employee organization.
Section 2.2 Employee Rights
The rights of Employees shall include the right to form, join, and participate in the activities of Employee organizations of their own choosing for the purposes of representation of all matters of Employee relations, including but not limited to wages, hours, and other terms and conditions of employment. Employees shall also have the right to refuse to join or participate in the activities of Employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No Employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by any Employee organization because of his/her exercise of these rights.
ARTICLE III – REPRESENTATION
The Parties to this Agreement agree that Employee representatives shall be granted reasonable time off with pay during working hours for purposes of negotiating the terms and conditions of employment covered by this Agreement or its successors. It is recognized, however, that meetings scheduled among Employees covered by this Agreement are not to be conducted during working hours.
ARTICLE IV – CLASSIFICATIONS AND GRADES
The classifications and grades for the Employees covered by this Agreement shall be as set forth in Appendix A.
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Packet Pg. 104 Attachment: MOU - Water Unit Agreement FINAL (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24-0118/MOU/WaterUnit 4
ARTICLE V – COMPENSATION INCREASES
Section 5.1 Classifications
Salaries for each group of Employees are set out in Appendix B.
Section 5.2 Salary and Performance Increases
a. Pay Range. No Employee shall be paid less than Step 1 or more than Step 6. b. Market Adjustment.
Bargaining unit classifications identified in the compensation study conducted in 2023 as being below market (See Appendix A for a list of those classifications) will have their base hourly pay rate increased as follows:
· Effective the first full pay period following July 1, 2024 - Classifications that are below market based on the 2023 compensation study shall be eligible for up to 10% of base pay for fiscal year 24/25.
· Effective the first full pay period following July 1, 2025 – Classifications that are still below market after the market adjustment of July 1, 2024, based on the 2023 compensation study, shall be eligible for up to an additional 10% of base pay for fiscal year 25/26.
· Effective the first full pay period following July 1, 2026 - Classifications that are still below market after the market adjustments of July 1, 2024, & July 1, 2025, based on the 2023 compensation study, shall be eligible for up to an additional 10% of base pay for fiscal year 26/27.
c. Cost of Living Adjustments (COLA)
· Effective the first full pay period following July 1, 2024 – All employees shall be eligible for the highest COLA negotiated for fiscal year 24/25 by any other City bargaining unit.
· Effective the first full pay period following July 1, 2025 – All employees shall be eligible for the highest COLA negotiated for fiscal year 25/26 by any other City bargaining unit.
· Effective the first full pay period following July 1, 2026 – All employees shall be eligible for the highest COLA negotiated for fiscal year 26/27 by any other City bargaining unit.
d. Off Salary Schedule Payment
e. Employees in classifications that are below market based on the 2023 compensation study shall be eligible for a one-time off-salary schedule payment of up to 10% for the time period between December 12, 2023 and the last pay period of June 2024.
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Section 5.3 Wage-Related Issues
The City requests the right to reopen negotiations on the following listed issues due to the ongoing downturn in the economy and the shortage of revenue coming into City coffers:
a. Wage rollbacks;
b. Layoffs;
c. Furloughs;
d. Employee contributions to benefit costs.
Section 5.4 Monthly Salaries
Monthly salaries for Employees covered by this Agreement shall be as set forth in Appendix B.
Section 5.5 Overtime Compensation
a. Policy. Overtime shall be held to an absolute minimum. b. Rate. All overtime compensation shall be compensated in terms of a seven (7) day work period. When overtime is necessary, and an Employee has been directed to work longer than a normal work schedule, the Employee shall receive one and one-half (1.5) times the Employee’s base pay for all hours worked in excess of forty (40) hours in the work period.
1. Hours Worked. Hours worked for the purpose of computing overtime pay shall be in accordance with the provisions of the Fair Labor Standards Act; provided, however, that scheduled use of annual leave and compensatory time shall be considered “hours worked.”
2. Scheduled Use. As used in this Section, “scheduled use” means leave requested by no later than 12:00 noon of the workday preceding the beginning leave date. c. Accrual. Employees shall have the option to accrue compensatory time in lieu of overtime pay. Compensatory time shall accumulate at the rate of one and one-half (1.5) times the number of overtime hours worked. The method of calculation to determine compensatory hours shall be the same method as used to calculate monetary compensation.
Section 5.6 Longevity Pay
a. Eligibility. In addition to the salary rates herein established, Employees in full-time positions hired prior to December 19, 1990, shall be compensated at the rate of fifteen dollars ($15) per month for each five (5) years of continuous service to the City. It is the agreement of the City and the Employees covered by this Agreement that in return for the compensation and benefits provided herein, Employees hired after December 19, 1990, shall not be entitled to longevity pay.
b. Placement. All Employees who have been in Step 10 for five (5) continuous years, commencing on July 1, 2015, and who have received satisfactory or higher on their
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performance evaluations for those five (5) years, shall be placed in Step 11 as of their anniversary date, subject to the step collapse in Section 5.2.
Section 5.7 Holiday Pay
Employees shall be entitled to the same paid holidays as other City employees as per the City Rules and Regulations.
Section 5.8 Shift Differential Pay
A shift differential of fifty dollars ($50) per month will be paid for all hours worked by an Employee when a majority of the Employee’s regularly-scheduled shift hours occurs after 3:00 p.m., and a shift differential of one hundred dollars ($100) per month will be paid for all hours worked by an Employee when a majority of the Employee’s regularly-scheduled shift hours occurs after 11:00 p.m.
Section 5.9 Educational Incentive Pay
a. Amount. An Employee covered by this Agreement who has attained or who attains a higher level of education than is required for his/her position, once this is certified by the Department of Human Resources, shall receive educational incentive pay pursuant to this section, as follows:
1. An Employee with an Associate of Arts or Sciences Degree shall be eligible to receive fifty dollars ($50) per pay period.
2. An Employee with a Bachelor of Arts or Sciences Degree shall be eligible to receive seventy-five dollars ($75) per pay period.
3. An Employee with a Master’s Degree shall be eligible to receive one-hundred dollars ($100) per pay period.
b. Approval. All degrees must be from an accredited university/college and approved by Human Resources.
c. Timing. The educational incentive pay increases will be effective upon successful completion of the probationary period. This benefit is effective the first full payroll after and upon agreement and adoption of this Agreement.
Section 5.10 Temporary Upgrading
a. Higher Classification. Employees covered by this Agreement shall be eligible to receive a ten percent (10%) increase in the Employees’ rate of pay for all hours worked when assigned the duties of a higher classification.
b. Lower Classification. If an Employee is assigned to a lower job classification, in addition to their regular job duties, shall receive a five (5) percent increase over their regular base rate of pay for all hours that the Employee is assigned to such duties.
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Section 5.11 Work Schedules
a. Work Period. The work period is seven (7) days commencing at 12:01 a.m. Tuesday.
Employees shall normally be scheduled to work five (5) consecutive workdays each consecutive seven (7) day period.
b. Water Treatment Operator Employees. Employees assigned to “standby” status during a seven (7) day period shall be off Thursdays and Fridays but shall work Saturday and Sunday during their week of standby status.
c. Wastewater Treatment Operator Employees. Employees assigned to “standby” status during a seven (7) day period shall work Saturday and Sunday during their week of standby status and shall take two (2) other days off during their standby week. d. Work Day. The normal workday shall be eight (8) consecutive hours of work, excepting a meal period, within a twenty-four (24) hour period.
e. Meal Period. All Employees shall be granted a duty-free, nonpaid lunch period of at least thirty (30) minutes at or about the midpoint of each work shift. An Employee shall have the flexibility to begin his or her lunch between the hours of 11:00 a.m., and 1:00 p.m. provided that the plant operations are not disrupted and with reasonable notice to the plant supervisor and the operator in charge.
f. Rest Period. Two (2) fifteen (15) minute rest periods shall be granted each workday scheduled at or about the midpoint of the start of the shift and the meal period and at or about the midpoint between the end of the meal period and the end of the work shift.
Section 5.12 Personal Necessity Leave
Employees shall be granted sixteen (16) hours, eighteen (18) hours if on 9/80 schedule, of personal necessity leave. Employees shall request use of such leave on forms provided by the City, and subject to the same scheduling requirements provided under the City’s Personnel Rules and Regulations. Any hours of personal necessity leave not taken prior to June 30 of a fiscal year shall be forfeited.
ARTICLE VI – INSURANCE
Section 6.1 Health Insurance
a. Eligibility. Each Employee filling a full–time position and in a pay status for at least thirty (30) hours per week shall have the opportunity to participate in the City’s comprehensive major medical, dental, life, and vision care insurance program. The Employees covered by this agreement may obtain coverage for their legal dependents under the same comprehensive major medical, dental, life, and vision care insurance program.
1. The City will contribute on behalf of the Employee 80%, by enrollment category, of the insurance premium for the lowest cost plan (Limited Plan) whichever is greater.
The Employee shall be responsible for the difference between the City contribution and the actual premium for the plan selected by the Employee. b. Meet and Confer. The Parties shall continue to meet and confer during the term hereof to
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consider the adoption of alternative coverage or plans and may be presented by the City’s health insurance consultant. The Association will be a participant in any committee formed to study such alternatives.
c. Leave of Absence. An Employee on an approved leave of absence without pay from the City may continue to carry the City’s comprehensive insurance by making full payments to the City for the costs of such insurance in accordance with the City’s Personnel Rules and Regulations.
Section 6.2 Buy-Down Program
The Employee shall have the option of participating in the “buy down level” or limited level of said program.
Section 6.3 Continued Coverage Insurance
An Employee on an approved leave of absence without pay from the City may continue to carry the City’s comprehensive insurance by making full payments to the City for the costs of such insurance in accordance with the City’s Personnel Rules and Regulations.
Section 6.4 Disability Insurance
The City shall provide short- and long-term disability insurance coverage for Employees covered by this Agreement.
Section 6.5 Life Insurance
The City shall provide term life insurance and accidental death and dismemberment coverage in the amount of fifty thousand dollars ($50,000) each for all Employees covered by this Agreement.
Section 6.6 Retirement Insurance Coverage
Employees hired prior to January 1, 2022, who retire from the City on or after the approval of this Agreement and elect to remain on the City’s health insurance program will receive three hundred nine dollars and fifty-one cents ($309.51) per month towards retiree only insurance coverage provided said retiree has two hundred forty (240) months (twenty (20) years) of service with the City of El Centro at the time of retirement. The benefit shall continue for such Employee(s) until said Employee(s) achieves the age of sixty-five (65).
ARTICLE VII – GRIEVANCE PROCEDURE
Section 7.1 Grievance Procedure
a. Purpose. The purpose of this grievance procedure is to provide the means for Employees, the affected Employee group, and management to work together to solve grievances in an orderly manner, within a reasonable time period, and to provide methods of administering employerEmployee relations through the establishment of uniform and orderly methods of communication between Employees and management.
b. Policy.
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1. Any Employee or group of Employees has the right to file a grievance with freedom from fear, intimidation, or coercion from any party.
2. Any Employee may represent himself/herself, or select whomever he/she wishes to represent him/her, at any or all steps in the grievance procedure.
3. Grievances may be initiated by the Employee, a group of Employees, or the affected Employee group on behalf of the Employee or the Employees. Each party shall bear its own costs associated with any grievance or appeal.
4. The Employee’s first contact regarding job and working conditions is with the immediate non-unit supervisor, and the parties shall attempt to resolve grievances by oral discussion at this level.
5. The immediate non-unit supervisor is responsible for informing the Employee about the job requirements, personnel policies, and his work unit’s relationship to the division, department, and City as a whole.
6. A grievant attending a grievance meeting on his own behalf on City time shall not lose pay. One representative selected by the grievant to represent him at such grievance meeting on City time shall not lose pay.
c. Definitions.
1. “Grievance” is a claim, charge, or dispute involving the following:
A. The interpretation or application of any City rules, regulations, ordinances, or resolutions affecting any Employee’s wages, hours, or working conditions.
B. The interpretation or application of the provisions of this Agreement.
C. The propriety of any written warning or reprimand provided by a supervisor to an Employee covered by this Agreement.
D. The administration of any disciplinary action imposed upon an Employee covered by this Agreement.
2. “Disciplinary action” means a reduction in salary, suspension, demotion, or dismissal. “Disciplinary action” does not include an oral or written warning, counseling memorandum, or a reprimand.
3. An Employee’s performance evaluation is an “excluded matter” that is not subject to the grievance procedures under these procedures.
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d. Informal Procedure.
1. The Employee or Employees who have a complaint shall first discuss the complaint with their non-unit supervisor no later than five (5) working days after the occurrence of the incident causing the complaint.
2. If the non-unit supervisor fails to reply within five (5) working days or the Employee is not satisfied with the decision, the Employee may utilize the formal grievance procedure.
3. In the case of a grievance questioning the propriety of a warning or reprimand administered to an Employee, the grievant shall begin the grievance at Step 2 of the formal grievance procedure below.
e. Formal Grievance Procedure.
1. Step 1. The grievance shall be presented, in writing, to the appropriate non-unit supervisor who shall investigate the grievance and shall confer with the grievant, a representative, and any other Employee or Employees involved. In an attempt to resolve the grievance within five (5) working days after the grievance is first submitted to the appropriate nonunit supervisor, said non-unit supervisor shall make and file a decision, in writing, with the grievant, representative, and any other Employee or Employees involved.
2. Step 2. If the dispute is not resolved at the conclusion of Step 1, said grievance may be filed with the department head, in writing, within five (5) working days from the receipt of the non-unit supervisor’s decision, and the department head shall investigate the grievance and shall confer with the grievant, representative, and any other Employee or Employees involved, in an attempt to resolve the grievance. Within ten (10) working days after the written grievance is first submitted to the department head, said department head shall make and file a decision, in writing, with the grievant, representative, and Director of Human Resources.
3. Step 3. If the grievance is not resolved by the department head to the satisfaction of the grievant, he/she may, within ten (10) working days from the receipt of the department head’s decision, request further consideration of the grievance by an administrative review panel of three (3) members. An action seeking to overturn the administration of any disciplinary action imposed upon an Employee shall also begin at this step.
A. Panel. The panel shall be comprised of:
(1) One (1) City department head (other than the department head involved at Step 2) who shall be appointed by the City Manager;
(2) One (1) non-unit, non-management Employee who shall be appointed by the Certified Water Treatment Plant Operators; and
(3) One (1) person appointed by mutual agreement of the other two (2) members.
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B. Process. The administrative panel shall confer with the persons affected and the representative and shall render a decision in writing to the grievant, the grievant’s representative, and the City’s Human Resources Department.
C. Decision. The administrative panel’s decision in such grievance is final, except that a grievance questioning the propriety of a warning or reprimand administered to an Employee or involving the administration of any disciplinary action imposed upon an Employee may be appealed using Step 4 of the grievance process.
4. Step 4. A grievance questioning the propriety of a warning or reprimand administered to an Employee or seeking to overturn the administration of any disciplinary action imposed on an Employee may, within ten (10) working days from the receipt of the decision, be appealed to the City Manager by notifying the City Manager in writing. Within ten (10) working days after such notification, the City Manager shall review the grievance, may confer with persons affected and their representatives, and shall render a decision in writing to the grievant, the grievant’s representative, and the City’s Human Resources Department. The City Manager’s decisions shall be final and cannot be appealed, except as provided in section (i).
f. Extension of Time Limits.
1. The time limits of each step may be extended by mutual consent of the parties. If an extension is agreed to, the duration of the extension shall be in writing, and the statement signed by both parties involved at the step to be extended.
2. If any grievance is not appealed within the stated limits or extensions of any of the above steps, the grievance shall be considered conclusively settled on a basis of the last disposition by the appropriate authority and shall not be eligible for further appeal or review.
3. If a non-unit supervisor or other appropriate authority fails to furnish a written or oral answer within the required time limits or extensions of any of the above steps, the Employee may proceed to the next appropriate step.
g. Decision. Within twenty (20) working days of the City’s receipt of the grievant’s written request for a hearing, a hearing before the Personnel Appeal Board shall be scheduled, which hearing shall be as soon as practicable.
h. Evidentiary Hearing Procedure.
1. Any regular Employee shall have to request an appeal for an Evidentiary Hearing for disciplinary action that involves a suspension without pay for more than five (5) days, demotion, or dismissal from employment.
2. The Evidentiary Hearing Officer shall be selected in revolving order from a list designated by the Personnel Appeal Board to hear an appeal. The list shall be made up of attorneys or other experienced hearing officers who have not been an Employee of the
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City of El Centro within the last ten (10) years. The Employee has the option to choose the Evidentiary Hearing Officer from the designated list. Such request must be specified in the Employee’s written request for an Evidentiary Hearing. i. Appeal Procedure for Evidentiary Hearing.
1. Within ten (10) working days after an Employee has received the decision from Department Head, the Employee may file a written demand with the Human Resources Department requesting an Evidentiary Hearing.
2. Appeal shall be in writing, signed by the appellant, and addressed to the Human Resources Department, and shall explain the matter appealed from and set forth therein a statement of the action desired by the appellant, with reasons therefor.
3. The formality of a legal pleading is not required.
j. Notice of Evidentiary Hearing.
1. Upon the filing of an appeal, the Human Resources Department shall, within thirty (30) working days from the date of filing, schedule a date for the Evidentiary Hearing on the appeal.
2. The Human Resources Department shall immediately notify the Evidentiary Hearing Officer, the City Manager, the Personnel Appeal Board, and other persons or officers named or affected by the appeal or the filing of the appeal, of the date, time, and place of the Evidentiary Hearing.
k. Unless Otherwise Agreed Upon by the Parties.
1. Appearance. Unless physically unable to do so, the appellant shall appear, personally, before the Evidentiary Hearing Officer at the time and place of the hearing.
2. Representation. The appellant may be represented by any person the Employee may select at his/her expense and may at the hearing produce on his/her behalf relevant oral or documentary evidence.
3. Oath. Oral evidence shall be taken only on oath or affirmation and shall be recorded verbatim.
4. Rights. Each party shall have these rights:
A. To call and examine witnesses;
B. To introduce exhibits;
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C. To cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; D. To impeach any witness regardless of which party first called him to testify; and E. To rebut the evidence against him/her.
5. Examination. If the Employee does not testify in his/her own behalf, he/she may be called and examined as if under cross-examination.
6. Evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
A. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence.
B. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding.
C. Irrelevant and unduly repetitious evidence may be excluded.
7. Subpoena power.
A. The Evidentiary Hearing Officer shall have subpoena powers as provided in the City Code.
B. The Evidentiary Hearing Officer may direct any person present to testify in a hearing whether or not such person was subpoenaed to testify.
8. Maintenance of Order. The Evidentiary Hearing Officer shall require the maintenance of order in the hearing room, may order the exclusion of witnesses, and may expel anyone who disturbs the hearing.
9. Objections. The Evidentiary Hearing Officer shall rule on objections raised by either party to the hearing.
10. Proof. The order of proof in the hearing shall be as follows:
A. The appointing authority shall present evidence in support of the charges; B. The Employee or his counsel or representative shall produce such evidence as he may wish to offer in his defense;
C. Any party may then offer rebuttal evidence and
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D. If evidence relative to the fitness and suitability of the Employee is to be introduced, it may be introduced with evidence in support of the charges or after such evidence has been presented.
l. Official Notice.
1. Timing. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact, which may be judicially noticed by the courts of this state.
2. Record. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto.
3. Opportunity. The parties shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the Evidentiary Hearing Officer. m. Personnel Appeal Board Members.
1. Members. The Personnel Appeal Board will consist of five (5) members who shall be appointed by the Mayor with the approval of the Council. All appointments and reappointments shall serve for a term of four (4) years.
2. Vacancies. Vacancies on the Personnel Appeal Board shall be filled by appointment by the Mayor with the approval of the Council for the unexpired term. Each member shall serve until his successor is appointed and qualified.
3. Eligibility. Members of the Personnel Appeal Board shall be residents of this City. No person shall be appointed to the Personnel Appeal Board that holds any other City office or employment.
n. Findings and Decision.
1. Written Decision. The decision of the Evidentiary Hearing Officer, including findings of fact and recommendations, shall be reduced to writing and forwarded to the Human Resources Department within ten (10) working days after the conclusion of the Evidentiary Hearing.
2. Board Review. The Human Resources Department shall schedule a meeting for the Personnel Appeal Board to meet to review the decision of the Evidentiary Hearing Officer within five (5) working days of notice of the decision. The Personnel Appeal Board shall review the decision, and may sustain, reject, amend, or modify the imposed disciplinary action against the Employee. However, the Personnel Appeal Board may not, in any case, increase the penalty contained in the notice of intent to discipline.
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3. Decision. The Personnel Appeal Board shall provide notice to the Human Resources Department of the action taken and the reasons therefor within ten (10) working days after the receipt of the decision of the Evidentiary Hearing Officer. The Human Resources Department will distribute the written decision to all appropriate parties within five (5) working days. The Personnel Appeal Board decision shall be final.
Section 7.2 Disciplinary Actions
a. Definition. As used in this section, “disciplinary action” shall mean a reduction in salary, suspension, demotion, or dismissal.
b. Examples of Prohibited Behaviors. In order to promote efficiency, effectiveness, productivity, and cooperation among Employees, these guidelines identify types of behavior that are prohibited and may lead to corrective disciplinary action:
1. Insubordination, including:
A. Refusal to follow a work order;
B. Insulting or demeaning the authority of a supervisor or manager or C. Foul or abusive language directed at a supervisor or manager.
2. Intentional or negligent conduct that damages or results in the loss of City property or the property of another Employee. NOTE: property includes, but is not limited to, records, supplies, materials, uniforms, equipment, or facilities.
3. Intentional or negligent misuse of City property or the property of another Employee.
4. Removing the property of the City, of a City Employee, or of a visitor from the City premises without authorization.
5. Theft or dishonesty.
6. Fighting or provoking a fight on City time or property.
7. Engaging in horseplay or other action that endangers City property or others or disrupts work.
8. Harassing, threatening, intimidating, or coercing any other Employee or member of the community, including any violation of the City Harassment Policy.
9. Violation of the City Equal Employment Opportunity Policy.
10. Abusive language or actions toward fellow Employees or the general public.
11. Failure to work cooperatively with others.
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12. Bringing or possessing weapons or any other dangerous devices onto City property while on duty unless required by the City job classification.
13. Unauthorized use, sale, transfer, or possession of alcohol or any other non-prescribed drugs or controlled substances while on duty or while on City premises or reporting to work under the influence of the use of alcohol, drugs, or controlled substances.
14. Gambling, conducting games of chance, or possessing gambling devices on City time or property.
15. Disregarding any safety, fire prevention, or security rule or practice or engaging in activity that creates a safety, fire, or security hazard.
16. Sleeping during working time.
17. Failing to report a work-related accident or injury within the prescribed time period.
18. Causing or attempting to cause dissension or disruption of the work of others.
19. Soliciting or accepting reimbursement or gratuities for services during working hours or while on City premises.
20. Unauthorized vending, solicitation, or sales of goods or services during working hours or while on City premises.
21. Entering an unauthorized area at any time.
22. Smoking in a restricted area at any time.
23. Unreported absence of three (3) consecutive workdays.
24. Excessive tardiness or unscheduled absenteeism.
25. Absence without prior approval or failing to notify his/her supervisor of absence and the reason for absence prior to the start of a shift, according to departmental regulations and procedures.
26. Leaving City premises or his/her assigned work area during working hours without permission.
27. Failure to abide by lunch or break periods or working unauthorized overtime.
28. Failing to meet acceptable performance standards or maintain satisfactory performance.
29. Recording another Employee’s time.
30. Submitting an employment application containing false or misleading information.
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31. Falsifying or destroying any City record, including but not limited to, any time keeping record or inspection record.
32. Refusal to perform work assignment
33. Neglect of work.
34. Unauthorized use of City buildings, equipment, or materials, including but not limited to, unauthorized knowledge, discussion, reproduction, or dissemination of Employee records or files.
35. Conviction of a felony or conviction of a misdemeanor involving moral turpitude that relates to the Employee’s ability to perform the duties of his/her position. For purposes of these rules, a plea of nolo contendere or “no contest” will constitute a conviction.
36. Engaging in political activities during assigned hours of work.
37. Refusing to take or subscribe to any oath or affirmation that is required by law in connection with employment.
38. Failing to obtain or maintain any required license, registration, permit, or status required of position, including, but not limited to, insurability to operate any and all vehicles and equipment required of position.
39. Any other misconduct which affects the work environment or any other violation of established City or departmental or operational procedures.
40. Failure to comply with established City or departmental or operational procedures. c. Corrective Disciplinary Action. Management Employees have the right to counsel, warn, or reprimand Employees for a violation of the above-listed prohibited behaviors and to take corrective disciplinary action when necessary. Supervisors will prepare a written document in the form of a counseling memorandum, written warning, or reprimand. A counseling memorandum will be retained by the Employee’s supervisor in a supervisor’s working file. Written warnings and, reprimands and records of disciplinary actions will be placed in an Employee’s personnel file.
d. Procedures Preceding Administration of Disciplinary Action. Prior to administering any disciplinary action to a permanent Employee (excluding warnings, reprimands, or disciplinary probation) the department head or his/her designee shall serve written notice on the Employee, personally, or by certified mail at least five (5) working days prior to the effective date of the disciplinary action. The written notice shall include:
1. A description of the action to be taken and the effective date or dates.
2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.
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3. A statement advising the Employee of the right to respond either verbally or in writing to the disciplinary authority prior to the effective date of the proposed discipline.
4. A statement advising the Employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.
5. A statement that a copy of the materials upon which the proposed action is based is available for inspection upon request.
6. A statement that if the proposed discipline is imposed by the department head, the Employee(s) has a right to appeal such action at Step 3 in the formal grievance procedure specified herein.
7. Upon request by the affected Employee, the City may extend the time for response from the Employee, provided that such extension will not have a detrimental effect on the City.
e. Administration of Disciplinary Action. Upon expiration of the period allowed for Employee response and after having given consideration to any response filed by the affected Employee, the appropriate disciplinary action may be administered by the Employee’s department head. The consideration of said response including the adjustment, modification, or sustaining of the disciplinary action shall be by the next level non-unit supervisor, or by an appointee of the department head if there is no supervisor (other than the department head) higher than the management Employee proposing the discipline.
f. Extraordinary Circumstances.
1. In those extraordinary circumstances wherein the City Manager or department head determines that the nature of the Employee’s act or the charges against him/her are such as to require the Employee’s immediate removal from the job site, the Employee may be suspended for not more than four (4) days pending service of the notice of disciplinary action and the effective date of the disciplinary action. In the case that discipline is not upheld, the Employee shall be reinstated with all wages and benefits.
2. If, in the opinion of the City Manager or the department head, the Employee’s behavior is such that he/she is temporarily unable to perform his/her job, and the intent is to remove him/her from the job site until he/she is able to return and function adequately, said Employee may be placed on leave and sent home until determined by the City Manager or department head that he/she is able to function adequately. g. Releasing of Information Relative to Disciplinary Actions. In the interest of preventing undue embarrassment and subsequent loss of ability to perform City work effectively, the following policy will prevail regarding the release of information by the City to the news media on personnel actions:
1. No information shall be released without prior approval of the City Manager.
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2. No information will be released until final action has been determined and taken.
3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken and then nothing shall be released which constitutes an invasion of privacy.
h. Demotion. An Employee may be demoted when his/her performance is unsatisfactory or as the result of disciplinary action administered pursuant to subsection B of this Section of the Agreement for reasons set forth herein (Disciplinary Actions – Examples of Prohibited Behaviors) or when the Employee requests such demotion. An Employee must meet the minimum qualifications of the position to which he/she is being demoted.
Written notice of a demotion for disciplinary reasons shall be given as provided herein.
When an Employee is demoted for disciplinary reasons, his/her salary shall be set within the salary schedule of the new grade of the Employee effective on the first day of the payroll period following the effective date of the demotion. i. Suspension. An Employee may be suspended with or without pay at any time as the result of disciplinary action administered pursuant to this Section of this Agreement for reasons set forth herein (Disciplinary Actions – Examples of Prohibited Behaviors). Written notice of the suspension shall be given as provided herein. j. Salary Reduction. An Employee may have his/her salary temporarily reduced as the result of disciplinary action administered pursuant to this section of this Agreement for reasons set forth herein (Disciplinary Actions – Examples of Prohibited Behaviors). The reduced salary level may be at any level within the Employee’s salary schedule, effective on the first day of the payroll period following the effective date of the disciplinary action.
ARTICLE VIII – MISCELLANEOUS PROVISIONS
Section 8.1 Uniforms and City Shoes
a. Uniforms. The City will provide uniforms, including a winter jacket, to Employees covered by this Agreement.
1. Winter Jackets. The City will replace winter jackets in even-numbered years.
2. T-Shirts. The City will provide t-shirts prior to June 1st of each year. b. Safety Shoes. Employees covered by this Agreement will receive reimbursement for safety shoes, with receipt, in an amount up to three hundred dollars ($300) annually.
Employees hired before July 1, 2015, will receive three hundred dollars ($300) annually for purchasing and maintaining such safety shoes. Failure to wear such shoes shall be grounds for disciplinary action.
c. Employee Obligations. Exceptional circumstances notwithstanding, all Employees who are provided with, or receive payment for, uniforms or safety shoes, as set forth above, are required to wear these uniforms and safety shoes and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the City.
10.b
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d. Replacement. An Employee may be required to replace any uniform or safety shoes at the Employee’s expense if it is determined that the item is damaged or lost as a result of failing to properly use, care for, or keep up such property. e. Shorts. Employees shall be allowed to wear shorts instead of pants.
Section 8.2 Retirement
Each Employee covered by this Agreement shall be placed in the California Public Employees Retirement System (“CalPERS”)’s two percent (2%) at fifty-five (55) retirement plan. The City will contribute one hundred percent (100%) of the employer contribution amount as determined by CalPERS. Effective June 26, 2012, the Employee shall pay the full Employee portion of seven percent (7%). Employee contributions will be paid pre-tax under IRS §414(h)(2).
New Employees hired by the City on or after January 1, 2013, that are not members of CalPERS, shall be placed in the CalPERS two percent (2%) at sixty-two (62) retirement plan. The City will contribute one hundred percent (100%) of the employer contribution amount as determined by CalPERS. Employee’s required contribution amount shall be as determined by CalPERS.
Section 8.3 Repair or Replacement of Employee’s Personal Property a. Repair/Replacement. The City shall reimburse an Employee for the repair or replacement of personal property damaged in the performance of his/her duties, except where said repair or replacement is the result of negligence on the part of the Employee. Personal property includes such items as eyeglasses, hearing aids, dentures, watches, personal equipment, and articles of clothing. Personal cell phones are excluded and not eligible for reimbursement.
b. Assignment. The Employee assigns the right of action against anyone from loss or damage to personal property up to the amount paid by the City and will allow any suit to be brought in his/her name by the City at the City's expense. Prior to the City commencing any civil action to recover City monies expended pursuant to this section, City shall notify the affected Employee of said fact.
ARTICLE IX – MISCELLANEOUS PROVISIONS
Section 9.1 Bilingual Pay
a. Eligibility. Employees are only eligible to receive bilingual pay if they have been certified to use a foreign language in a City-administered exam testing language proficiency if their position occupied has been “designated” to receive such pay by the Human Resources Director, and if the use of a foreign language is a necessary part of their daily work activities and used for work purposes during the majority of time spent in communication with the public.
b. Amount. Employees eligible for bilingual pay will receive forty dollars ($40.00) per pay period.
c. Examinations. Eligible Employees who desire to receive bilingual pay may request to be
10.b
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examined for proficiency in a foreign language by submitting a memorandum to their department head. The department head must sign the memorandum to certify that the use of a foreign language is a necessary part of their daily work activities and used for work purposes during the majority of time spent in communication with the public. The memorandum should then be forwarded to the Human Resources Department. Tests will be arranged through the Human Resources Department.
d. Expectations. Employees receiving bilingual pay are expected to translate for Employees who are not bilingual in the event such services are needed, even if the Employee needing assistance is not from the same department or work unit. e. Monitoring. Department heads will be responsible for monitoring the Employees in their respective departments who are receiving bilingual pay to ensure the use of a foreign language is a necessary party of their daily work activities. Audits may be conducted by the Human Resources Department at any time.
Section 9.2 Standby Pay
a. Purpose. In order to ensure prompt responses to emergency situations, the City may place Employees on a “standby” status.
b. Rate. Employees assigned to such status shall be paid the equivalent of thirteen (13) hours at the Employee’s regular rate of pay for each week that he/she is on “standby.” In lieu of pay, an Employee assigned to “standby” status may add the standby hours provided in this Section to compensatory time. Any Employee actually called to duty while on standby shall be paid for each callback pursuant to Section 5.6. c. Trade. An Employee assigned to “standby” status may trade such duty with another Employee, provided the plant supervisor is given at least one (1) week advance notice under normal circumstances and reasonable notice in emergency situations. d. Illness/Emergency. Except for personal illness or unforeseeable emergency, an Employee who is unable to report to work, or cannot be located within a reasonable period of time, shall forfeit the “standby” pay and shall be removed from “standby” status for the week in question. For purposes of this section, an Employee who is on “standby” shall, in the event of illness or emergency, notify the applicable supervisor as soon as practicable.
Section 9.3 Callback Pay
a. Rate. An Employee who has been released from work and is called back to duty shall be paid for the time actually worked or three (3) hours, whichever is greater, at one and one-half (1.5) times the Employee’s regular rate of pay. Regularly-scheduled overtime shall not result in callback pay. Whenever an Employee is called out multiple times within a two (2) hour period, the additional call outs within these two (2) hours will count as one (1) call out for “callback pay” purposes.
b. Accumulation. Callback pay compensation may be accumulated as compensatory time pursuant to the City’s Personnel Rules and Regulations.
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Section 9.4 Higher Certification Pay
a. Water Treatment Operators.
1. Eligibility. Water Treatment Operators who maintain a Water Distribution and/or Water Treatment Certification higher than the certification required by the classification that the Employee occupies shall be eligible for additional compensation.
2. Compensation. The additional compensation for eligible Employees shall be as follows:
A. Higher Water Distribution Certification: four percent (4%) of base salary B. Higher Water Treatment Certification: four percent (4%) of base salary C. Both Higher Water Distribution and Higher Water Treatment Certification:
eight percent (8%) of base salary
b. Wastewater Treatment Operators.
1. Eligibility. Wastewater Treatment Operators who maintain a Higher Operator’s Certification or a California Water Environmental Association (CWEA) Technologist’s Certification higher than the certification required by the classification that the Employee occupies shall be eligible for additional compensation.
3. Compensation. The additional compensation for eligible Employees shall be as follows:
A. Higher Operator’s Certification: four percent (4%) of base salary B. CWEA Technical Certification Program: four percent (4%) of base salary C. Both Higher Operator’s Certification and CWEA Technologist’s Certification:
eight percent (8%) of base salary
2. Exception. Employees receiving pay for CWEA Technologist Certification prior to the adoption of this Agreement shall continue to receive said pay at the same rate so long as the certification(s) remains current and valid. An Employee is eligible to continue to receive the higher certification pay described herein only as long as the certification remains current and valid.
c. Certified Water Distribution Operators.
Higher Water Distribution Certifications than required by job classification: 4% of base salary per month
Section 9.5 Education
a. Educational/Training Incentive Pay. An Employee covered by this Agreement who has attained or who attains a higher level of education or training than is required for his/her
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position, as certified by the Department of Human Resources, shall receive educational incentive pay pursuant to this section, as follows:
1. Amounts.
A. Associate of Arts or Sciences Degree: $50 per pay period.
B. Bachelor of Arts or Sciences Degree: $75 per pay period.
C. Master’s Degree: seventy-five dollars $100 per pay period.
D. Water Collection Certification: thirty dollars $30 per pay period.
2. Approval. All degrees must be from an accredited university/college and approved by Human Resources.
ARTICLE X
WATER TREATMENT AND WASTEWATER TREATMENT OPERATORS
The following provisions of Article X apply to the Certified Water Treatment Plant Operators and Certified Wastewater Treatment Plant Operators only, and are in addition to the provisions applicable to all Employees. These provisions supersede any provisions of the City Personnel Rules and Regulations or of the Agreement to the contrary.
Section 10.1 Educational Reimbursement
a. Tuition Reimbursement. The City subscribes to and supports an educational tuition reimbursement and professional development program for the benefit of Employees who want to further or continue their education. Employees shall be eligible for reimbursement of up to one thousand one hundred twenty-five dollars ($1,125) per year for tuition reimbursement and/or professional development.
1. Guidelines:
A. Employees who, in their sole discretion, want to broaden their knowledge by pursuing academic training and higher education on their off-duty hours may receive reimbursement for expenses as provided herein. Under this program, reimbursement is available for “Regular” Employees who are performing their job in a satisfactory manner.
B. Expenses for reimbursement include: tuition/registration, parking fees, books and required material, and if training is out of Imperial County and job-related, additional expenses will be allowed (hotel, gas, food), as approved by the Department Head and Human Resources prior to travel and with the appropriate receipts:
10.b
Packet Pg. 124 Attachment: MOU - Water Unit Agreement FINAL (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24-0118/MOU/WaterUnit 24
(1) 1 Day Training: up to $50.00
(2) 2 Day Training: up to $100.00
(3) 3 Day Training: up to $150.00
(4) 4 Day Training: up to $200.00
(5) 5 Day Training: up to $250.00
(6) CWEA and SWRCB Dues and Taking same Exam up to Three (3) Times for Higher Certification
b. Continuing education under this program is defined as postsecondary college level course work necessary to obtain a diploma or degree. Reimbursement will be subject to criteria under Section 11.3 A under City Rule and Regulations. Professional Training. Employees covered under this article are eligible for Professional Development Training in accordance with the City Rules and Regulations, Section 11.3 B.
Section 9.5 Backflow Pay
The City agrees to discuss this item upon request from the bargaining unit.
Section 10.2 Annual Leave
a. Accrual. Employees shall accrue annual leave as indicated in the City’s Personnel Rules and Regulations.
b. Scheduling. Employee requests to take annual leave shall be approved or disapproved by the Employee’s supervisor, taking into consideration Employee dates of hire with due regard for the wishes of the Employee and the needs of the organizational unit in particular.
c. Payment of Annual Leave Hours upon Separation. Employees who are separated from City service shall be paid for any accrued annual leave at the Employee’s current rate of pay on the date of separation.
d. In Lieu. Employees with current vacation and sick leave time shall continue to use such leave in lieu of annual leave as required until exhausted. e. Cash Out of Annual or Vacation Leave.
1. Cap. No annual leave or vacation leave will be accrued above the maximum annual accrual rate at any time or for any reason.
2. Cash Out. For the current Agreement and the successor agreement currently under negotiations, an Employee shall be allowed to cash out only the amount of the denied vacation leave hours, up to the maximum of eighty (80) hours when:
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Packet Pg. 125 Attachment: MOU - Water Unit Agreement FINAL (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24-0118/MOU/WaterUnit 25
A. He/she has taken a minimum of one (1) week of annual leave or vacation leave during the current fiscal year;
B. He/she thereafter is denied a request to take additional annual leave or vacation leave in that fiscal year because of department or city workload or reasons beyond the control of either party to this Agreement; and
C. He/she for such reason is unable to take said annual leave or vacation leave by the end of that fiscal year without triggering overtime the City
3. One-Time Payment. Such a cash out shall be a one-time payment that is not compensable under PERS and is not part of the regular rate of pay.
ARTICLE XI –
CERTIFIED WATER DISTRIBUTION OPERATORS/SEWER (CWDO)
The following provisions of Article XI apply only to the Certified Water Operators/Sewer and are in addition to the provisions applicable to all Employees. These provisions supersede any provisions of the City Personnel Rules and Regulations or the Agreement to the contrary. These provisions differ from those for the other two groups because they were carried over from the previous Agreement when the CWDO were a member of the Teamster’s bargaining unit.
Section 11.1 Education Reimbursement and Professional Development Program A. Employees covered under this article are eligible for Professional Development Training in accordance with the City Rules and Regulations, Section 11.3.
Section 11.2 Vacation Leave
A. Eligibility. All Employees shall be eligible for vacation leave in accordance with the City Rules and Regulation, Section 10.5 with pay except for the following:
1. Scheduling. The time during a calendar year at which an Employee may take vacation leave shall be determined by the department head with due regard for the wishes of the Employee and particular regular regard for the needs of the department. Request for vacation leave shall be responded to within a reasonable period of time. Vacation leave may not be taken in increments of less than four (4) hours unless this requirement is expressly waived by the City. Written approval on forms provided by the City in accordance with departmental procedures is required for vacation leave. a. Hardship. An Employee may cash-out vacation leave only in the event of a financial emergency where: (i) the Employee can demonstrate that he/she has a real financial emergency caused by an event beyond his/her control, (ii) it would result in serious financial hardship if the cash payment were not made, and (iii) the amount of the cash
10.b
Packet Pg. 126 Attachment: MOU - Water Unit Agreement FINAL (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24-0118/MOU/WaterUnit 26
payment is limited to the amount necessary to meet the emergency. City Manager, or designee will determine, at his/her sole discretion, whether an emergency exists and the extent of the financial need.
Section 11.3 Sick Leave
a. Eligibility. All permanent, part-time permanent, and probationary Employees who have completed the equivalent of one (1) month of service are eligible for sick leave. b. Accrual. Sick leave shall accrue on a biweekly basis for all eligible Employees who are on a pay status for fifty percent (50%) or more of that bi-weekly period. Sick leave shall accrue at the rate of three and sixty-nine one hundredth (3.69) hours bi-weekly. c. Accumulation. Sick leave hours may be accumulated without restriction. d. Sick Leave Conversion. An Employee whose retirement date is within four (4) months of separation from employment may, in accordance with Govt. Code §20965, convert all unused sick leave to additional service credit at the rate of four one thousandths (0.004) for each day of sick leave (two hundred fifty (250) sick leave days = one (1) additional year of service credit).
ARTICLE 12 – REMOVAL OF STANDARDIZED PROVISIONS
Both Parties agree to continue meeting and conferring on updating the City’s Personnel Rules and Regulation, with the goal of removing universal policies from this Agreement and placing them in the City’s Personnel Policies and Procedures.
ARTICLE 13 – COVERAGE AND EFFECTIVE DATES
This Agreement applies only to those unit members who are employed by the City at the time and when the City Council approves this Agreement. Except as otherwise provided herein the terms of this Agreement are effective upon adoption of this Agreement by the City Council. This Agreement shall remain in full force and effect through June 30, 2027, or until a successor agreement is adopted by the City Council.
Agreed to by:
WATER UNIT CITY OF EL CENTRO
_____
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Packet Pg. 127 Attachment: MOU - Water Unit Agreement FINAL (6457 : MOU for Certified Water/Wastewater Operators) 07/2024/cdz/A24
-0118/MOU/WaterUnit 27
APPENDIX A- Water Group
CLASSIFICATION GRADE
Wastewater Maintenance Worker W3
Water Maintenance Worker W3
Utility Field Representative W4
Lead Utility Field Representative W8
Water Treatment Plant Shift Operator W9
Water Treatment Plant Operator Lead W11
Chief Water Operator W13
Laboratory Technician W7
Wastewater Treatment Plant Shift Operator W9
Wastewater Treatment Plant Lead Operator W11
Chief Plant Operator W13
OPERATOR IN TRAINING POSITIONS
OIT – Possession of Operator 1 Certificate within one
year from date of hire
OIT
OIT - Possession of Operator 1 Certificate OIT-1
OIT – Possession of Operator 2 Certificate OIT-2
OIT – Possession of Operator 3 Certificate OIT-3
OIT – Possession of Operator 4 Certificate OIT-4
OIT – Possession of Operator 5 Certificate OIT-5
Certified Distribution Operator/Sewer 1 U6
Certified Distribution Operator/Sewer 2 U7
Certified Distribution Operator/Sewer Lead U8
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-0118/MOU/WaterUnit 28
Effective first full pay period for July 2024
STEP 1STEP 2STEP 3STEP 4STEP 5STEP 6
W3 3746 3982 4216 4450 4684 4919
W4 3746 3982 4216 4450 4684 4919
W7 4635 4925 5214 5505 5794 6084
W8 4794 5096 5396 5694 5995 6295
W9 5714 6072 6428 6787 7143 7500
W11 6285 6679 7070 7466 7857 8249
W13 6914 7347 7777 8212 8642 9075
OIT 3487 3705 3923 4141 4359 4577
OIT-1 3764 3999 4234 4471 4705 4940
OIT-2 4067 4322 4576 4830 5084 5116
OIT-3 4392 4666 4941 5216 5490 5765
OIT-4 4743 5040 5336 5633 5929 6224
OIT-5 5124 5444 5764 6084 6405 6724
U6 4381 4654 4930 5203 5476 5751
U7 4635 4926 5214 5505 5794 6084
U8 4867 5171 5475 5780 6084 6388
Effective first full pay period for July 2025
STEP 1STEP 2STEP 3STEP 4STEP 5STEP 6
W3 4148 4409 4669 4927 5187 5446
W4 4203 4468 4731 4993 5256 5519
W7 4728 5024 5318 5615 5910 6206
W8 4890 5198 5504 5808 6114 6421
W9 5828 6194 6557 6923 7286 7650
W11 6411 6812 7212 7615 8014 8414
W13 7405 7869 8330 8795 9256 9720
OIT 3557 3779 4002 4223 4446 4669
OIT-1 3839 4079 4319 4560 4799 5039
OIT-2 4148 4408 4667 4927 5186 5218
OIT-3 4480 4759 5040 5320 5600 5880
OIT-4 4838 5140 5443 5745 6048 6349
OIT-5 5227 5552 5879 6206 6533 6858
U6 4469 4747 5028 5307 5586 5866
U7 4728 5024 5319 5615 5909 6206
U8 4965 5275 5585 5896 6206 6516
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Effective first full pay period for July 2026
STEP
1 STEP
2 STEP
3 STEP
4 STEP
5 STEP
6 W3 4231 4497 4762 5025 5290 5555
W4 4287 4557 4826 5093 5361 5629
W7 4822 5124 5425 5727 6028 6330
W8 4988 5302 5614 5925 6237 6549
W9 5945 6318 6688 7061 7432 7803
W11 6539 6948 7356 7767 8175 8583
W13 7553 8027 8496 8971 9441 9914
OIT 3628 3855 4082 4308 4535 4762
OIT-1 3916 4161 4405 4651 4895 5139
OIT-2 4231 4496 4761 5025 5290 5322
OIT-3 4570 4855 5140 5426 5712 5998
OIT-4 4935 5243 5552 5860 6169 6476
OIT-5 5331 5663 5997 6330 6663 6995
U6 4558 4842 5129 5413 5698 5983
U7 4822 5125 5425 5727 6028 6330
U8 5064 5380 5697 6014 6330 6646
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Packet Pg. 130 Attachment: MOU - Water Unit Agreement FINAL (6457 : MOU for Certified Water/Wastewater Operators) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: Police
El Centro, CA 92243 Category: Grant
Prepared By: Amanda Curiel
SCHEDULED Department Head: Robert Sawyer
RESOLUTION (ID # 6455) DOC ID: 6455
Acceptance of the FY 24-25 Cannabis Tax Fund Grant
Program.
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE CANNABIS TAX FUND GRANT PROGRAM (CTFGP).
FISCAL IMPACT:
$263,629.24 (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 California Highway Patrol (CHP) has approved the city's application for funding under the FY 2024-2025 Cannabis Tax Fund Grant in the amount of $263,629.24. This grant provides funding for the Police Department to purchase two fully equipped patrol vehicles, advanced officer training/travel, as well as overtime/personnel cost for DUI saturation patrols and checkpoints.
DISCUSSION:
The purpose of the Cannabis Tax Fund Grant Program (CTFGP) is to provide alternative funding sources to reduce impaired driving crashes, increasing public awareness surrounding the dangers of impaired driving, and making California's roadway a safer place to travel.
CHP works closely with state and local agencies and other traffic safety stakeholders to actively address impaired driving. Grant funds from the CTFGP shall be used for training, education, prevention, and/or the enforcement of traffic laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
CONCLUSION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE CANNABIS TAX FUND GRANT PROGRAM (CTFGP).
ATTACHMENTS:
· Cannabis Grant Resolution (DOCX)
11 Packet Pg. 131
Resolution (ID # 6455) Meeting of July 16, 2024
· FY24-25 CTFGP Intent to Award El Centro PD (PDF)
11 Packet Pg. 132
06/2024/A24-0105/Reso/CannabisTaxFundGrantProgram
RESOLUTION 24 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY EL CENTRO
AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM
THE CANNABIS TAX FUND GRANT PROGRAM (CTFGP)
WHEREAS, the Cannabis Tax Fund Grant Program (“CTFGP") provides funds to aid in the enforcement of traffic laws related to driving under the influence of alcohol and other drugs; and
WHEREAS, the CTFGP program provides funding for law enforcement agencies to purchase two vehicles and equipment utilized to help mitigate alcohol and drug-impaired driving; and
WHEREAS, the CTFGP program provides funding for law enforcement agencies to implement projects and programs to educate local communities on impaired driving laws, while highlighting the dangers of driving under the influence of alcohol and/or drugs; and WHEREAS, the El Centro Police Department has submitted a grant application and is required to execute a certificate of acceptance in an amount of two-hundred sixty-three thousand, six hundred and twenty-nine, and twenty-four cents ($263,629.24).
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 accepts the grant funds of two-hundred sixty-three thousand, six hundred and twenty-nine, and twenty-four cents ($263,629.24) for the program.
3. That the City’s Police Chief is authorized to execute, on behalf of the City, the grant award agreement for the program, which a copy will be on file in the City Clerk’s Office.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, on the day of , 2024.
CITY OF EL CENTRO
By: __________________________
Sylvia Marroquin, Mayor
ATTEST:
By: ___________________________
Norma Wyles, City Clerk
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Packet Pg. 133 Attachment: Cannabis Grant Resolution (6455 : FY 24-25 Cannabis Tax Fund Grant Program) 06/2024/A24-0105/Reso/CannabisTaxFundGrantProgram
APPROVED AS TO FORM:
Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing 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
11.a
Packet Pg. 134 Attachment: Cannabis Grant Resolution (6455 : FY 24-25 Cannabis Tax Fund Grant Program) State of California -- Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 6, 2024
File No.: 060.15426.17369
Rene McNish
El Centro Police Department
150 North 11th Street
El Centro, CA 92243
Dear Mr. McNish:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the El Centro Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $263,629.24. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division
11.b
Packet Pg. 135 Attachment: FY24-25 CTFGP Intent to Award El Centro PD (6455 : FY 24-25 Cannabis Tax Fund Grant Program) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Attorney's Office
El Centro, CA 92243 Category: Ordinance
Prepared By: Norma Wyles
SCHEDULED Department Head: Cedric Cesena
ORDINANCE (ID # 6456) DOC ID: 6456
Ordinance Regarding Use of City Seal, Logo, and Hash Tags.
CITY MANAGER’S RECOMMENDATION:
Approve Ordinance No. 24- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING SECTION 1.24OF THE MUNICIPAL CODE GOVERNING USE OF THE CITY SEAL, LOGOS AND HASHTAGS, approve as a first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
FISCAL IMPACT:
None
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
In 2020, in an effort to clarify authority for use of the City seal versus the logo and insignia, the Council adopted Resolution 2020-009. The Resolution provides for the City Clerk's office to administer use of the seal (as provided by the City Code) and for the City Manager's Office to approve use of the logo and insignia. Since that time, the City has added a Public Information Officer and the use of logos, symbols and hashtags has increased with the increasing use of social media.
This ordinance is consistent with existing law and provides greater certainty and enforceability regarding City insignia, as defined. It provides consistent in the definitions of the seal and other insignia. It does not revise Municipal Code Section 2-100 (c) which provides that the City Clerk shall be “the custodian of the seal and any insignia of the city.” Instead, it defines insignia by amending existing City Code Section 1-24 to specify what symbols are included for protection.
Policy 2020-009 provided for administrative approval of the use of “logos and insignia” while a more comprehensive guide for usage was developed. In general, the Departments use the City insignia as follows:
City Clerk: Official City correspondence, agendas, bid publications, public hearing notices, board and commission vacancies, anything related to the elections and business cards. The Clerk also uses the seal on official documents.
Community Services: Official correspondence, program announcements, events sponsored by the City (which includes both City organized events and those public events held by non-profits which utilize City facilities or services without full payment for such facilities or services); clothing. 12 Packet Pg. 136
Ordinance (ID # 6456) Meeting of July 16, 2024
Public Works: Reports, Bid packets and related official correspondence.
Human Resources: Letter with official correspondence including but not limited that with applicants and employees, application form, letterhead (including interoffice memo.
EC Police Department: Letterhead with official correspondence, flyers and clothing.
EC Fire: Letterhead with official correspondence; flyers and clothing; Joint press releases FD/COEC/EOC.
City Manager’s Office: Correspondence, press releases, social media and announcements, including jointly supported projects, and business cards.
The ordinance will confirm the scope and use of the insignias included as well as those developed in the future, and will provide clarity and enforceability for the public.
CONCLUSION:
It is recommended that the City Council approve the ordinance in the form provided.
ATTACHMENTS:
· Ordinance 24- EC - City insignia ordinance final (DOCX) 12 Packet Pg. 137
07/2024/cdz/Ordinance/AmendedSectiononCityLogo,
Seals&Hashtags 1
ORDINANCE NO. 24-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING SECTION 1.24 OF THE MUNICIPAL CODE GOVERNING USE OF
THE CITY SEAL, LOGOS AND HASHTAGS
Section 1. The City Council of the City of El Centro finds as follows:
a. The City Council finds that it is necessary to ensure that not only the seal but the City’s official name, logos, insignia, and other identifiable markings or symbols will be used only for City purposes or for purposes approved by and related to the City.
b. The Municipal Code currently addresses designs similar to the City seal or insignia; however, as the use of such symbols expands, it is also necessary, and instructive to define such insignia (as they exist now or may exist in the future) to provide for guidance to the public and enforcement of the restrictions set out.
This ordinance is declaratory and explanatory of existing law. c. The City seal, official name, City logos, or other identifiable markings used by the City are for the exclusive use of the City through its officers and employees in the course and scope of their official duties.
Section 2. Sec. 1-24. – “City seal and insignia” shall be amended to read as follows:
a. It shall be unlawful and a violation of this Code for any person to use or allow to be used any reproduction or facsimile of the City seal or other insignia, including any design so closely resembling the City seal or insignia, whether or not there is an intent to deceive, without first having obtained the permission of the City Council on terms determined by this ordinance or by City Council action.
b. As used here, the City seal means the following symbol with the inscription shown, which has been adopted as the City's official seal. c. As used here, “insignia” means and includes the following in addition to the City seal, which insignia are deemed adopted by the City Council:
12.a
Packet Pg. 138 Attachment: Ordinance 24- EC - City insignia ordinance final (6456 : Ordinance Regarding Use of City Seal, Logo, and Hashtags) 07/2024/cdz/Ordinance/AmendedSectiononCityLogo,
Seals&Hashtags 2
(1) Any City logo shown below:
(2) The following hashtags: #WeareElCentro #SomosElCentro (3) In addition, any City logo adopted or approved in writing by the City Council or the City Manager in writing at the request of any City department or as set out in City policies, as those may be adopted from time-to-time. This may include authorization for use by City partner organizations for uses supporting the City as provided by City policy.
d. No person shall use or be allowed to use City name or insignia or any facsimile or reproduction of them, make or use any design which is an imitation of them or which may be mistaken for them, for whatever purpose other than a City purpose, except on the terms and conditions set out in this Section. e. “Use” as set out in subsection (d) above includes but is not limited to any correspondence, printed materials, emails or social media postings distributed or displayed in favor of or against any ballot measure or in favor of or against any candidate for public office.
f. Violations of this provision shall be a misdemeanor, and shall be governed by Code Section 1-12.
Section 3. This ordinance shall take effect thirty (30) days from and after its adoption. Within fifteen (15) days after adoption, the City Clerk shall cause this ordinance with the names of these City Council persons voting for and against the ordinance to be published once in a newspaper of general circulation published and circulated within the City of El Centro, California.
INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 16th day of July 2024.
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
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Packet Pg. 139 Attachment: Ordinance 24- EC - City insignia ordinance final (6456 : Ordinance Regarding Use of City Seal, Logo, and Hashtags) 07/2024/cdz/Ordinance/AmendedSectiononCityLogo,
Seals&Hashtags 3
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 Ordinance No. 24- had its first reading on July 16, 2024, and had its second reading on 2024, and was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
AYES:
NOES:
ABSENT:
ABSTAINED:
By_______________________________
Norma Wyles, City Clerk
12.a
Packet Pg. 140 Attachment: Ordinance 24- EC - City insignia ordinance final (6456 : Ordinance Regarding Use of City Seal, Logo, and Hashtags) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Appointment
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6427) DOC ID: 6427
Discussion and any necessary action regarding the
appointments to the Personnel Appeals Board to fill one (1) unscheduled vacancy.
CITY MANAGER’S RECOMMENDATION:
Mayors Recommendation: Approve one (1) appointment to the Personnel Appeals Board with term ending April 15, 2027.
ATTACHMENTS:
· Memo (PDF)
· Jacob Bermudez_Redacted (PDF)
13 Packet Pg. 141
M E M O R A N D U M
TO: Sylvia Marroquin, Mayor & City Council
FROM: Norma Wyles, City Clerk
RE: Personnel Appeals Board Vacancy
DATE: July 16, 2024
PERSONNEL APPEALS BOARD:
There is one (1) unscheduled vacancy with term expiring on April 15, 2027.
The following individual would like to be considered for appointment to this board:
1. Jacob Bermudez
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Packet Pg. 142 Attachment: Memo (6427 : Appointment to Personnel Appeals Board)
13.c
Packet Pg. 143 Attachment: Jacob Bermudez_Redacted (6427 : Appointment to Personnel Appeals Board)
13.c
Packet Pg. 144 Attachment: Jacob Bermudez_Redacted (6427 : Appointment to Personnel Appeals Board) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Boards & Commissions
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6464) DOC ID: 6464
Discussion and any necessary action regarding appointment to the Library & Community Services Board.
CITY MANAGER’S RECOMMENDATION:
Mayor's Recommendation: Appointment to the Library & Community Services Board for one (1) un-scheduled voting member with term ending on June 30, 2026.
ATTACHMENTS:
· Memo - Library & Community Services Board 7-16-24 (PDF) 14 Packet Pg. 145
M E M O R A N D U M
TO: Sylvia Marroquin, Mayor & City Council
FROM: Norma Wyles, City Clerk
RE: Vacancy on the Boards and Commission
DATE: July 16, 2024
LIBRARY AND COMMUNITY SERVICES BOARD:
There is one (1) un-scheduled voting member term ending June 30, 2025.
The following individual would like to be considered for appointment:
1) Matthew Cowie
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Packet Pg. 146 Attachment: Memo - Library & Community Services Board 7-16-24 (6464 : Appointment to the Library & Community Services Board) City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Informational
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 6429) DOC ID: 6429
Old City Library Electrical Emergency Repairs.
FISCAL IMPACT:
No impact to the General Fund. The project will be paid with budgeted Measure P funds for the demolition of Valley Center Point buildings. A total of $300,000 has been allocated for said project this fiscal year and these electrical repairs are expected to be under that amount.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 : Ensure the city’s infrastructure is enhanced and maintained to support existing and future development through innovative and sustainable principles DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
NA
BACKGROUND:
The existing electrical meter and transformers supporting the old library site is located within the old mall area of the Valley Center Point development. The electrical area has been vandalized beyond repair resulting in loss of electrical power to the old library site, including HVAC and alarm systems. For the Health and Safety of the Public, electrical power must be restored to current code standards.
Public Works has worked with a consultant to complete plans and specifications for the demolition of the Valley Center Point buildings, which includes the old Mervyn's, Miller's Outpost and center mall hallway area where the shops were located. Part of the work included relocating the power source to the old library that is to remain within the old Sears building, currently shared between the City and Imagine school. This emergency has resulted in the acceleration of the electrical relocation part of the work as power cannot be restored via the existing vandalized obsolete system.
On May 7, City Council approved an Emergency Resolution to complete the repairs to the electrical system.
UPDATE:
Staff is currently working with IID, Tom Watson Electrical and Nicklaus Engineering to define the scope and obtain proposals for the needed repairs. 15 Packet Pg. 147
City Council of the City of El Centro Meeting: 07/16/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Alcoholic Beverage License Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6452) DOC ID: 6452
Received and referred to Community Development
Department, Application for Alcoholic Beverage License - Belenus LLC. Los Compadres Market 531 N 5TH ST El
Centro, CA 92243-1812
ATTACHMENTS:
· Application for Alcoholic Beverage License Los Compadres Market (PDF) 16 Packet Pg. 148
16.a
Packet Pg. 149 Attachment: Application for Alcoholic Beverage License Los Compadres Market (6452 : Application for Alcoholic Beverage License Los