2025/2026 Town Center LLD Page 14 of 27
currently within this District, this basic EBU (base EBU) is used for most assessment districts as a means of comparing and establishing the proportional special benefit assigned to other land use classifications and that comparison and proportionality is still applicable for this District.
Single-Family Residential — This land use is defined as a fully subdivided single-family residential home site with or without a structure. As previously noted, the single-family residential parcel has been selected as the basic EBU unit for calculation of assessments and a single-family residential parcel is assigned 1.0 Equivalent Benefit Unit (1.0 EBU per lot or parcel).
Multi-Family Residential — This land use classification identifies properties that are used for residential purposes and contain more than one residential unit. The proportional special benefit and EBU for these parcels is based on acreage, at 4.0 EBUs per acre, which is reflective of the average proportional number of single-family homes developed on an acre of land (typically 4 single-family dwelling units per acre).
Developed Non-Residential — This classification includes developed properties including parking lots that are identified or zoned for commercial, industrial or other nonresidential use including, but not limited to manufacturing, storage or warehousing, service stations or facilities, retail stores, restaurants, banks, offices, hotels, recreational facilities (excluding parks), and institutional facilities including, hospitals, churches or facilities utilized by other non-profit organizations, whether those facilities are publicly owned (nontaxable) or privately owned. Like Multi-Family Residential properties, the proportional special benefit and EBU for these parcels is based on acreage, at 4.0 EBUs per acre, which is reflective of the typically single-family dwelling unit development density per acre (typically 4 single-family dwelling units per acre).
Vacant/Undeveloped Property — This land use is defined as a parcel that is currently considered vacant or undeveloped land that can be developed, but for which the use and/or development of the property has not been fully determined. These parcels are assigned a proportional EBU that is based on 25% of the proportional benefit established for a developed property in the District. The proportional special benefit and EBU for these parcels is based on acreage, at 1.0 EBU per acre.
Special Case Property — In some District Zones there may be one or more properties that the standard land use classifications identified above do not accurately identify the use and special benefit received from the improvements. Properties that are typically classified as Special Case properties usually involve some type of development or land restrictions whether those restrictions are temporary or permanent and affect the properties proportional special benefit. Examples of such restrictions may include situations where only a portion (percentage) of the parcel’s total acreage is actually developed or could be developed. In such a case, the net usable acreage of the parcel rather than the gross acreage of the parcel may be applied to calculate the parcel’s proportional special benefit.
2025/2026 Town Center LLD Page 15 of 27
Exempt — means a lot, parcel of land, or Assessor’s Parcel that is considered to not specially benefit directly from improvements. This classification includes, but is not limited to, areas of public streets, private streets, and other roadways; and public easements or rights-of-way including landscaped parkways or easements; and utility rights-of-way or easements such as irrigation or drainage ditches, and channels or basins. These types of parcels (similar to the improvements) are typically the result of property development rather than the direct cause of development and have little or no need for improvements. (These types of properties may or may not be assigned an Assessor’s Parcel Number by the County Assessor’s Office).
Also exempt from assessment are Assessor’s Parcels that may be identified as common areas (properties for which the surrounding parcels have a shared interest); bifurcated lots; small parcels vacated by the County or similar sliver parcels that cannot be developed independent of an adjacent parcel. These types of parcels are generally not separately assessed because they are functionally a part of another parcel that may be assessed for its own benefit and the benefit of the associated parcel.
Equivalent Benefit Unit Summary
The following is a summary of the Equivalent Benefit Units applicable to the various land use classifications identified in each District Zone:
Zone 01
Land Use Classifications
Total
Parcels
Assessed
Parcels Units
Applied
Acreage EBUs
Developed Non-Residential 9 9 - 30.57 122.28
Vacant/Undeveloped 11 11 - 23.05 23.05
Exempt 1 - - - 0
Total 21 20 - 53.62 145.33
Zone 02
Land Use Classifications
Total
Parcels
Assessed
Parcels Units
Applied
Acreage EBUs
Vacant/Undeveloped 6 6 - 30.74 30.74
Exempt 1 - - - 0
Total 7 6 - 30.74 30.74
Zone 03
Land Use Classifications
Total
Parcels
Assessed
Parcels Units
Applied
Acreage EBUs
Multi-Family Residential 1 1 180 11.59 46.36
Vacant/Undeveloped 1 1 - 7.74 7.74
Total 2 2 180 19.33 54.10
2025/2026 Town Center LLD Page 16 of 27
Zone 04
Land Use Classifications
Total
Parcels
Assessed
Parcels Units
Applied
Acreage EBUs
Multi-Family Residential 4 4 240 19.56 78.24
Total 4 4 240 19.56 78.24
District Totals
Land Use Classifications
Total
Parcels
Assessed
Parcels Units
Applied
Acreage EBUs
Multi-Family Residential 5 5 420 31.15 124.60
Developed Non-Residential 9 9 - 30.57 122.28
Vacant/Undeveloped 18 18 - 61.53 61.53
Exempt 2 0 - - -
Total 34 32 420 123.25 308.41
2025/2026 Town Center LLD Page 17 of 27
IV. ESTIMATED COST OF THE IMPROVEMENTS
A. CALCULATION OF ASSESSMENTS
An assessment amount per EBU in each Zone is calculated by:
Taking the “Total Annual Expenses” (Total budgeted costs) and subtracting the “General Benefit Expenses (City Contribution)”, to establish the “Total Special Benefit Expenses”; Amount Budgeted – General Benefit Expenses = Special Benefit Expenses To the resulting “Special Benefit Expenses”, various “Funding Adjustments/Contributions” may be applied that may include, but are not limited to:
“Unfunded Reserve Fund Collection”, represents an adjustment (reduction) in the amount to be collected for “Operational Reserve Funding” that was budgeted as part of the Total Annual Expenses.
“Unfunded CIP/Rehabilitation Fund Collection”, represents an adjustment (reduction) in the amount to be collected for “CIP & Rehabilitation Reserve Fund Collection” that was budgeted as part of the Total Annual Expenses.
“Reserve Fund Transfer/Deduction”, represents an amount of available existing funds from the “Operational Reserve Fund Balances” being applied to pay a portion of the Special Benefit Expenses for the fiscal year.
“Additional City Contribution and/or Service Reductions”, represents a further adjustment that addresses the funding gap between the amount budgeted to provide the improvements and services (“Special Benefit Expenses”); and the amount that will be collected through the assessments. This funding gap may be addressed by an additional City contribution, reductions in service and service expenses, or a combination of the two.
These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed “Balance to Levy”.
Special Benefit Expenses +/- Funding Adjustments/Contributions = Balance to Levy
The amount identified as the “Balance to Levy” is divided by the total number of EBUs of parcels that benefit to establish the “Assessment Rate” or “Assessment per EBU” for the fiscal year. This Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment for the improvements.
Balance to Levy / Total EBU = Assessment per EBU (Assessment Rate) Assessment per EBU x Parcel EBU = Parcel Assessment Amount
2025/2026 Town Center LLD Page 18 of 27
B. ASSESSMENT RATES
The following shows the assessment rates applicable to each Zone for Fiscal Year 2025/2026 based on the budget and the method of apportionment presented previously.
Fiscal Year 2025/2026 Assessment Rates
Zones
Maximum
Assessment Rate (1)
Proposed Rate
FY 2025/2026
Zone 01 $57.569 TBD per EBU
Zone 02 $143.922 TBD per EBU
Zone 03 $138.165 TBD per EBU
Zone 04 $215.883 TBD per EBU
(1) The Maximum Assessment Rate for each Zone includes an inflationary adjustment as described below.
C. ANNUAL INFLATIONARY ADJUSTMENT
ASSESSMENT RANGE FORMULA
As part of the District formation, the assessments to be submitted to the property owners in the Ballot Proceeding shall include an annual inflationary adjustment referred to as an Assessment Range Formula, which is authorized by Section 53750(2) (A) of the Government Code, also known as the “Proposition 218 Omnibus Implementation Act”.
The purpose of establishing an Assessment Range Formula is to provide for reasonable and inevitable increases in costs to provide the improvements and services over time due to inflation. The Assessment Range Formula for the Town Center Landscaping and Lighting District is defined by the following:
Commencing in the second fiscal year (Fiscal Year 2017/2018), and each fiscal year thereafter, the maximum assessment rate established herein for each Zone shall be adjusted annually by the greater of three percent (3%) or the percentage increase of the Local Consumer Price Index (CPI) from January to January. The Consumer Price Index used for this inflationary adjustment shall be for the San Diego-Carlsbad area, for All Urban Consumers during the preceding year, as developed by U.S. Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued). For Fiscal Year 2025/2026, the percentage increase of the local CPI is 3.81%.
The adjusted maximum assessments shall be calculated each fiscal year independent of the annual budgets and proposed annual assessments. Although the adjusted maximum assessment rates will increase each year, the annual assessment rates adopted for the fiscal year may be less. If the budgets and the corresponding assessments for that fiscal year do not require an increase or the increase is less than the allowable adjusted maximum assessment rate, then the proposed assessments required to meet the expenditures may be applied. To impose new or increased assessments other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the District must comply with the provisions of the California Constitution Article XIIID.
2025/2026 Town Center LLD Page 19 of 27
D. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the costs associated with the improvements and services funded through the District.
DIRECT ANNUAL MAINTENANCE & OPERATING EXPENSES:
Lighting Maintenance and Operation Expenses — Includes the cost of maintenance, operation, and servicing of the District’s lighting improvements, which generally include the furnishing of labor, materials, equipment and electricity.
Landscaping/Tree Maintenance Service Expenses — Includes the cost of the maintenance, operation, and servicing of the District’s landscape improvements, including the furnishing of labor, materials, and equipment.
Landscape Water Expenses — Includes the cost of water for landscaping improvements.
Landscape Electrical & Regular Irrigation Maintenance — Includes the cost of providing electricity to the irrigation systems, and maintenance of the irrigation systems.
Landscape Appurtenant and Facility Maintenance — Includes the cost of maintaining landscaping facilities and appurtenances.
REHABILITATION/REPLACEMENT FUNDING (CIP RESERVES):
Lighting Rehab/Replacement Funding — Includes funds collected for future Lighting improvement rehabilitation/replacement projects.
Landscaping/Tree Rehab/Replacement Funding — Includes funds collected for future Landscaping improvement rehabilitation/replacement projects.
GENERAL BENEFIT EXPENSES:
Lighting General Benefit – City Funded — The cost to fund the general benefit portion of the lighting improvements, which is not assessed.
Landscaping General Benefit – City Funded — The cost to fund the general benefit portion of the landscaping improvements, which is not assessed.
2025/2026 Town Center LLD Page 20 of 27
INCIDENTAL EXPENSES:
District Administration — May include all or a portion of the administrative and professional service costs associated with the coordination of District services and operations including response to public concerns and education and procedures associated with the levy and collection of assessments.
County Administration Fee — The cost to the District for the County to collect assessments on the property tax bills.
LEVY ADJUSTMENTS:
Reserve Fund Collection/ (Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund. This Reserve Fund provides for the collection of funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through December 10th or when the County typically provides the City with the first installment of assessments collected from the property tax bills (typically January or February). Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Revenue from Other Sources — Includes a credit for District interest earnings.
General Fund Loan Repayment/(Advances) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection/ (Contribution) line item, this item directly impacts the Reserve Fund Balances either positively or negatively.
Repayments are shown as a positive number and represent additional money being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures and collect repayment of the loan through the annual assessments the following year or possibly over several years.
Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount is still outstanding. A loan for the current fiscal year (Contribution) is shown as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures.
2025/2026 Town Center LLD Page 21 of 27
Balance to Levy — This is the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of Total Direct and Administration Costs, the Reserve Collection/ (Contribution), Replenishment/ (Contribution), and Other Revenue Sources.
DISTRICT STATISTICS
Total Parcels — The total number of parcels within the District.
Total Parcels Levied — The total number of parcels within the District that are assessed.
Non-assessable lots or parcels include properties that have been determined to receive no special benefits from the improvements and may include land principally encumbered by public or other right-of-ways or easements, common areas, and/or parcels that have restricted use or development potential.
Total Assessed Acreage — The total acreage of parcels within the District that are assessed.
Total Equivalent Benefit Units — The typical single family residential parcel is assigned one (1.0) Equivalent Benefit Unit. Every other land-use or property type is assigned EBUs based on an assessment formula that equates the property’s specific development status, type of development (land-use), and size, to a typical single-family residential parcel.
Applied Levy per EBU — This amount represents the assessment rate being applied to each EBU. The Levy per EBU is the result of dividing the total Balance to Levy, by the sum of the Total Equivalent Benefit Units to be assessed.
2025/2026 Town Center LLD Page 22 of 27
E. DISTRICT BUDGET
The following budget for the District and Zones is based on an estimate of the expenses and related funding necessary for the ongoing operation, maintenance and servicing of the District improvements for Fiscal Year 2025/2026.
100% Personnel Cost
Zone 01 Zone 02 Zone 03 Zone 04
Hwy 86 12th St 10th St Town Village District
Area Area Area Apartments Totals
(East of 10th St) (West of 10th St)
DIRECT ANNUAL MAINTENANCE & OPERATING EXPENSES
Annual Lighting Maintenance and Operation Expenses $962 $683 $598 $758 $3,000 Annual Landscaping/Tree Maintenance Service Expenses 2,275 481 847 13,397 17,000 Landscape Water Expenses 201 42 75 1,182 1,500
Landscape Electrical & Regular Irrigation Maintenance 257 54 96 1,513 1,920 Landscape Appurtenant and Facility Maintenance 145 31 54 851 1,080 Total Direct Annual Maintenance & Operating Expenses $3,839 $1,292 $1,669 $17,701 $24,500
REHABILITATION/REPLACEMENT FUNDING (CIP RESERVES)
Lighting Rehab/Replacement Funding $0 $0 $0 $0 $0
Landscaping/Tree Rehab/Replacement Funding 0 0 0 0 0
Total Rehabilitation/Replacement Funding $0 $0 $0 $0 $0 TOTAL DIRECT ANNUAL FUNDING AND EXPENSES $3,839 $1,292 $1,669 $17,701 $24,500
GENERAL BENEFIT EXPENSES
Lighting General Benefit — City Funded ($160) ($34) ($60) ($86) ($340) Landscaping General Benefit — City Funded (75) (16) (28) (191) (310) Total General Benefit — City Funded ($235) ($50) ($88) ($277) ($650) TOTAL DIRECT ANNUAL SPECIAL BENEFIT EXPENSES $3,603 $1,242 $1,581 $17,424 $23,850
INCIDENTAL EXPENSES
District Administration $14,008 $2,961 $5,219 $7,547 $29,735 County Administration Fee 16 5 2 3 26
Total Incidental Expenses $14,024 $2,966 $5,221 $7,550 $29,762 TOTAL ANNUAL EXPENSES $17,628 $4,208 $6,802 $24,974 $53,611
LEVY ADJUSTMENTS
Reserve Fund Collection/(Transfer) ($9,098) $255 $736 ($7,850) ($15,957) Revenue from Other Sources (164) (39) (63) (233) (500)
General Fund Loan Repayment/(Advances) 0 0 0 0 0
BALANCE TO LEVY * $8,365 $4,424 $7,475 $16,891 $37,155
DISTRICT STATISTICS
Total Parcels 21 7 2 4 34
Total Parcels Levied 20 6 2 4 32
Total Assessed Acreage 53.62 30.74 19.33 19.56 123.25
Total Equivalent Benefit Units 145.33 30.74 54.10 78.24 308.41 Applied Levy per Benefit Unit $57.56 $143.92 $138.16 $215.88 Maximum Levy per Benefit Unit (Current Fiscal Year) $57.57 $143.92 $138.16 $215.88 Total Assessment Amount $8,365 $4,424 $7,475 $16,891 $37,155
RESERVE INFORMATION
Beginning Projected Reserve Balance 07/01/2025 $17,931 $3,793 $6,675 $9,653 $38,052 Collection/(Transfer) (9,098) 255 736 (7,850) (15,957)
General Fund Loan Repayment/(Advances) 0 0 0 0 0
Ending Projected Reserve Balance 06/30/2026 $8,833 $4,048 $7,411 $1,803 $22,095
BUDGET ITEMS
2025/2026 Town Center LLD Page 23 of 27
50% Personnel Cost
*
Totals may not foot due to rounding.
Zone 01 Zone 02 Zone 03 Zone 04
Hwy 86 12th St 10th St Town Village District
Area Area Area Apartments Totals
(East of 10th St) (West of 10th St)
DIRECT ANNUAL MAINTENANCE & OPERATING EXPENSES
Annual Lighting Maintenance and Operation Expenses $962 $683 $598 $758 $3,000 Annual Landscaping/Tree Maintenance Service Expenses 2,275 481 847 13,397 17,000 Landscape Water Expenses 201 42 75 1,182 1,500
Landscape Electrical & Regular Irrigation Maintenance 257 54 96 1,513 1,920 Landscape Appurtenant and Facility Maintenance 145 31 54 851 1,080 Total Direct Annual Maintenance & Operating Expenses $3,839 $1,292 $1,669 $17,701 $24,500
REHABILITATION/REPLACEMENT FUNDING (CIP RESERVES)
Lighting Rehab/Replacement Funding $0 $0 $0 $0 $0
Landscaping/Tree Rehab/Replacement Funding 0 0 0 0 0
Total Rehabilitation/Replacement Funding $0 $0 $0 $0 $0 TOTAL DIRECT ANNUAL FUNDING AND EXPENSES $3,839 $1,292 $1,669 $17,701 $24,500
GENERAL BENEFIT EXPENSES
Lighting General Benefit — City Funded ($160) ($34) ($60) ($86) ($340) Landscaping General Benefit — City Funded (75) (16) (28) (191) (310) Total General Benefit — City Funded ($235) ($50) ($88) ($277) ($650) TOTAL DIRECT ANNUAL SPECIAL BENEFIT EXPENSES $3,603 $1,242 $1,581 $17,424 $23,850
INCIDENTAL EXPENSES
District Administration $8,292 $1,752 $3,091 $4,469 $17,605 County Administration Fee 16 5 2 3 26
Total Incidental Expenses $8,308 $1,757 $3,093 $4,473 $17,631 TOTAL ANNUAL EXPENSES $11,911 $2,999 $4,674 $21,896 $41,481
LEVY ADJUSTMENTS
Reserve Fund Collection/(Transfer) ($3,402) $1,142 $2,318 ($4,742) ($4,684) Revenue from Other Sources (144) (36) (56) (264) (500)
General Fund Loan Repayment/(Advances) 0 0 0 0 0
BALANCE TO LEVY * $8,366 $4,105 $6,936 $16,890 $36,297
DISTRICT STATISTICS
Total Parcels 21 7 2 4 34
Total Parcels Levied 20 6 2 4 32
Total Assessed Acreage 53.62 30.74 19.33 19.56 123.25
Total Equivalent Benefit Units 145.33 30.74 54.10 78.24 308.41 Applied Levy per Benefit Unit $57.56 $133.54 $128.20 $215.88 Maximum Levy per Benefit Unit (Current Fiscal Year) $57.57 $143.92 $138.16 $215.88 Total Assessment Amount $8,366 $4,105 $6,936 $16,890 $36,297
RESERVE INFORMATION
Beginning Projected Reserve Balance 07/01/2025 $17,931 $3,793 $6,675 $9,653 $38,052 Collection/(Transfer) (3,402) 1,142 2,318 (4,742) (4,684) General Fund Loan Repayment/(Advances) 0 0 0 0 0
Ending Projected Reserve Balance 06/30/2026 $14,529 $4,935 $8,993 $4,911 $33,368
BUDGET ITEMS
2025/2026 Town Center LLD Page 24 of 27
F. CAPITAL IMPROVEMENT PLANS
There are no projects planned in the District at this time.
2025/2026 Town Center LLD Page 25 of 27
V. DISTRICT DIAGRAM
A copy of the District Diagram (Boundary Map) for the District is provided on the following page.
The parcels that comprise the El Centro Town Center Landscaping and Lighting District consists of all lots, parcels and subdivisions of land listed on the Assessment Roll contained herein as Part VI, the lines and dimensions of which are shown on the Imperial County Assessor’s parcel maps for the current year and are incorporated by reference herein and made part of this Report.
The following District Boundary Map together with the Assessment Roll contained herein as Part VI, constitute the Assessment Diagram for the El Centro Town Center Landscaping and Lighting District.
2025/2026 Town Center LLD Page 26 of 27
City of El Centro
Town Center Landscaping and Lighting District
2025/2026 Town Center LLD Page 27 of 27
VI. 2025/2026 ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Imperial County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the current parcels to be assessed within this District along with the assessment amounts is provided in the following:
APN Situs Address Zone Assessed Acres County Land Use EBU Max Assessment
Applied
Rate Charge
044-620-008-000 NO SITUS AVAILABLE 01 1.38 VACANT 1.38 $79.44 044-620-009-000 2299 N IMPERIAL AVE 01 0.92 RESTAURANT 3.68 211.85 044-620-017-000 NO SITUS AVAILABLE 01 1.30 VACANT 1.30 74.84 044-620-018-000 225 ACAPULCO 01 10.60 RETAIL SALES 42.40 2,440.91 044-620-020-000 2101 N IMPERIAL AVE 01 1.38 RETAIL SALES 5.52 317.78 044-620-022-000 NO SITUS AVAILABLE 01 10.83 RETAIL SALES 43.32 2,493.88 044-620-023-000 NO SITUS AVAILABLE 01 0.67 VACANT 0.67 38.57 044-620-026-000 3019 N IMPERIAL AVE 01 2.07 OFFICE 8.28 476.67 044-620-027-000 3049 N IMPERIAL AVE 01 1.27 OFFICE 5.08 292.45 044-620-031-000 3095 N IMPERIAL AVE 01 1.76 SCHOOLS 7.04 405.28 044-620-037-000 3037 N IMPERIAL AVE 02 0.98 VACANT 0.98 141.04 044-620-038-000 3039 N IMPERIAL AVE 02 0.94 VACANT 0.94 135.29 044-620-039-000 3041 N IMPERIAL AVE 02 0.91 VACANT 0.91 130.97 044-620-040-000 3043 N IMPERIAL AVE 02 1.01 VACANT 1.01 145.36 044-620-041-000 3087 N IMPERIAL AVE 02 2.91 VACANT 2.91 418.81 044-620-044-000 NO SITUS AVAILABLE 01 2.36 ROAD 0.00 0.00 044-620-046-000 NO SITUS AVAILABLE 04 8.59 RESID. APARTMENTS 34.36 7,417.73 044-620-047-000 NO SITUS AVAILABLE 04 5.36 RESID. APARTMENTS 21.44 4,628.53 044-620-048-000 NO SITUS AVAILABLE 04 4.57 RESID. APARTMENTS 18.28 3,946.34 044-620-050-000 NO SITUS AVAILABLE 04 1.04 RESID. APARTMENTS 4.16 898.07 044-620-052-000 NO SITUS AVAILABLE 02 12.39 DETENTION BASIN 0.00 0.00 044-620-053-000 NO SITUS AVAILABLE 02 23.99 VACANT 23.99 3,452.68 044-620-054-000 2033 N IMPERIAL AVE 01 0.74 RETAIL SALES 2.96 170.40 044-620-055-000 NO SITUS AVAILABLE 01 1.00 RETAIL SALES 4.00 230.27 044-620-056-000 NO SITUS AVAILABLE 03 11.59 RESID. APARTMENTS 46.36 6,405.32 044-620-057-000 NO SITUS AVAILABLE 03 7.74 VACANT 7.74 1,069.40 044-620-058-000 NO SITUS AVAILABLE 01 0.74 VACANT 0.74 42.60 044-620-059-000 NO SITUS AVAILABLE 01 0.49 VACANT 0.49 28.21 044-620-060-000 NO SITUS AVAILABLE 01 1.16 VACANT 1.16 66.78 044-620-061-000 NO SITUS AVAILABLE 01 3.81 VACANT 3.81 219.34 044-620-062-000 NO SITUS AVAILABLE 01 4.32 VACANT 4.32 248.70 044-620-064-000 NO SITUS AVAILABLE 01 5.31 VACANT 5.31 305.69 044-620-065-000 NO SITUS AVAILABLE 01 1.07 VACANT 1.07 61.60 044-620-066-000 NO SITUS AVAILABLE 01 2.80 VACANT 2.80 161.19 Total 138.00 308.41 $37,156.00 TBD
Parcels 34
City of El Centro
Town Center Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2025/26
Willdan Financial Services Page 1 of 1
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-135)
Item: 12.
Meeting: 5/6/2025 4:00 PM
Department: Finance
Category: Resolution
Prepared by: Elizabeth Fuchen, Interim
Finance Director
Department Head:
DOC ID: 2025-135
Adopt Resolution No. 25- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED TO THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2025-2026.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 25- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED TO THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2025-2026.
FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Financial & Governance Stability & Sustainability
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
BACKGROUND:
On an annual basis, the El Centro Town Center Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed.
DISCUSSION:
CONCLUSION:
Staff recommends Adopting Resolution No. 25- , Resolution of The City Council of The City Of El Centro declaring its intention to Levy and Collect annual assessments related to The El Centro Town Center Landscaping and Lighting District for Fiscal Year 2025-2026.
ATTACHMENTS:
1. Intention Levy - Town Center Intent
04/2025/cdz/A25-0057/Reso/TownCenterLLDIntentiontoLevy 1 RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO DECLARING ITS INTENTION TO LEVY AND
COLLECT ANNUAL ASSESSMENTS RELATED TO THE EL
CENTRO TOWN CENTER LANDSCAPING AND LIGHTING
DISTRICT FOR FISCAL YEAR 2025-2026
WHEREAS, the City Council of the City of El Centro, California (the “City Council”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”) and by previous resolution, initiated proceedings for the Town Center Landscaping and Lighting District (the “District”) to levy and collect annual assessments to pay for the operation, maintenance and servicing of landscaping, lighting and all appurtenant facilities related thereto for Fiscal Year 2025- 2026; and
WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the cost and expenses related to the improvements described in section 2 of this resolution; and
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk for the City of El Centro, California (the “City”) a report in connection with the District and levy of assessments for Fiscal Year 2025-2026 (beginning July 1, 2025 and ending June 30, 2026) in accordance with Chapter 1, Article 4 of the Act, and the Council did, by previous resolution, preliminarily approve the report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY BE RESOLVE AS FOLLOWS:
1. That the above recitals are true and correct.
2. That the City Council hereby declares that it is its intention to seek the annual levy of the District in accordance with Chapter 3, Section 22624 over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2025-2026. The territory included within the District is generally described in section 3 of this resolution and is designated as Town Center Landscaping and Lighting District.
3. That the boundaries of the District are located on east of State Highway 86 (Imperial Avenue), west of 8th Street, north of Bradshaw Avenue and generally south of Treshill.
4. That the landscaping improvements may include, but are not limited to all landscaping material and facilities within the District. These improvements include turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, and associated
04/2025/cdz/A25-0057/Reso/TownCenterLLDIntentiontoLevy 2 appurtenant facilities located within the streetscape (and perimeter landscaping) surrounding the developments. The street lighting improvements may include but are not limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities. For specific improvements reference Fiscal Year 2025-2026 engineer’s report.
5. That the proposed assessments for the District are outlined in the engineer’s annual levy report. The report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in section 4 of this resolution and by reference said report is made part of this resolution.
6. That the District and the associated assessments as outlined in the engineer’s report are in compliance with the provisions of California Constitution Article XIIID.
7. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of assessments for the improvements related thereto in accordance with Chapter 3, Section 22626 of the Act.
8. That the notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 3, 2025 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 1275 Main Street, El Centro, California.
9. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices.
10. That any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2025.
CITY OF EL CENTRO
By: ____________________________
Sonia Carter, Mayor
04/2025/cdz/A25-0057/Reso/TownCenterLLDIntentiontoLevy 3 ATTEST:
By: ___________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:___________________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 25- 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 , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ___________________________
Norma Wyles, City Clerk
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-136)
Item: 13.
Meeting: 5/6/2025 4:00 PM
Department: Finance
Category: Resolution
Prepared by: Elizabeth Fuchen, Interim
Finance Director
Department Head:
DOC ID: 2025-136
Adopt Resolution No. 25- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF
ASSESSMENTS FOR LOTUS RANCH LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2025-2026 AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION THEREWITH.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 25- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF
ASSESSMENTS FOR LOTUS RANCH LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2025-2026 AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION THEREWITH.
FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Financial & Governance Stability & Sustainability
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
BACKGROUND:
On an annual basis, Lotus Ranch Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed.
DISCUSSION:
CONCLUSION:
Staff recommends Adoption of Resolution No. 25- , A Resolution of The City Council of The City of El Centro Initiating proceedings for the Levy and Collection of assessments for Lotus Ranch Landscaping and Lighting District for Fiscal Year 2025-2026 and ordering the preparation of an Engineer's Report in connection therewith.
ATTACHMENTS:
1. Levy & Collection - Lotus Ranch
04/2025/cdz/A25-0058/Reso/LotusRanchLLD
InitiatingProceedings
1 RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE EL
CENTRO LOTUS RANCH LANDSCAPING AND LIGHTING
DISTRICT FOR FISCAL YEAR 2025-2026 AND ORDERING
THE PREPARATION OF AN ENGINEER’S REPORT IN
CONNECTION THEREWITH
WHEREAS, the City Council of the City of El Centro, California (the “City Council”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California beginning with Section 22500 (the “ Act”), desires to levy and collect annual assessments for t h e Lotus Ranch Landscaping and Lighting District (“the “District”) to pay for the operation, maintenance and servicing of the landscaping improvements and all appurtenant facilities related thereto. The Act provides for the levy of such assessments by the County on behalf of the City pursuant to Chapter 4, Article 2; and WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and WHEREAS, the City Council has retained Willdan Financial Services as the engineer for the purpose of assisting with the annual levy of the District and to prepare and file an engineer’s report with the City Clerk in accordance with the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
1. That the above recitals are true and correct.
2. That the City Council hereby proposes to levy and collect assessments against the lots and parcels of land within the District to pay for the costs and expenses of the improvements described in section 3 hereof for the fiscal year commencing July 1, 2025 and ending June 30, 2026, pursuant to the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code (the “Act”) and as provided by Article XII D of the California Constitution.
3. That the general location and boundaries of the District are shown on maps on file in the office of the City Clerk, are incorporated herein by reference, and open to public inspection.
4. That the proposed improvements may be briefly described as follows: the operation, maintenance and servicing of street lighting, turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, street lighting and associated appurtenant facilities located within the streetscape (and perimeter
04/2025/cdz/A25-0058/Reso/LotusRanchLLD
InitiatingProceedings
2 landscaping) surrounding the developments. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the street lighting, ornamental structures, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the street lighting, ornamental structures, landscaping or appurtenant facilities. Servicing means the furnishing of electricity for the street lighting and operation of the ornamental structures, landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures, landscaping, lighting and appurtenant facilities.
5. That the City Council hereby designates Willdan Financial Services as the Engineer for the purposes of these proceedings and orders the engineer to prepare and file with the City Clerk a written report in accordance with Article XIIID, Section 4 of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for Fiscal Year 2025-2026 commencing July 1, 2025 and ending June 30, 2026. Such report shall refer to the District by its distinctive designation.
6. That lots or parcels within the District that are owned or used by any county, city, city and county, special district or any other local or regional governmental entity, the State of California or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2025.
CITY OF EL CENTRO
By_______________________________
Sonia Carter, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By __________________________________
Elizabeth L. Martyn, City Attorney
04/2025/cdz/A25-0058/Reso/LotusRanchLLD
InitiatingProceedings
3 STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 25- 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 , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ____________________________
Norma Wyles, City Clerk
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-137)
Item: 14.
Meeting: 5/6/2025 4:00 PM
Department: Finance
Category: Resolution
Prepared by: Elizabeth Fuchen, Interim
Finance Director
Department Head:
DOC ID: 2025-137
Adopt Resolution No. 25- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY REPORT REGARDING LOTUS RANCH LANDSCAPING AND LIGHTING DISTRICT;
AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2025-2026.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 25- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY REPORT REGARDING LOTUS RANCH LANDSCAPING AND LIGHTING DISTRICT;
AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2025-2026.
FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Financial & Governance Stability & Sustainability
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
BACKGROUND:
On an annual basis, Lotus Ranch Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed.
DISCUSSION:
CONCLUSION:
Staff recommends adoption of Resolution No. 25- , Resolution of The City Council of The City of El Centro, for preliminary approval of The Engineer's Annual Levy Report regarding Lotus Ranch Landscaping and Lighting District; and the Levy and Collection of annual assessments related thereto for Fiscal Year 2025-2026.
ATTACHMENTS:
1. Engineers Report - Lotus Ranch
2. FY2526 El Centro Lotus Ranch LLD Engineer's Report_IM
04/2025/cdz/A25-0058/Reso/LotusRanchLLDEngineersReport 1 RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO, FOR PRELIMINARY APPROVAL OF THE
ENGINEER’S ANNUAL LEVY REPORT REGARDING THE
EL CENTRO LOTUS RANCH LANDSCAPING AND
LIGHTING DISTRICT; AND THE LEVY AND COLLECTION
OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2025-2026
WHEREAS, the City Council for the City of El Centro, California (the “City Council”) has, by previous resolution, ordered the preparation of an engineer’s report (the “Report”) regarding the assessment district designated as the Lotus Ranch Landscaping and Lighting District (the “District”), and the levy and collection of assessments related thereto for Fiscal Year 2025- 2026, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”); and WHEREAS, there has now been presented to this City Council the Report as required by Chapter 3, Section 22623 of the Act; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminary satisfied with the District, the improvements described therein and each of the budget items and documents as set forth therein and is satisfied that the proposed annual assessments, on a preliminary basis, have been assigned in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in the Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the above recitals are true and correct.
2. That the Report as presented consists of the following:
A description of improvements;
A diagram of the District;
The proposed annual budget for the fiscal year (costs and expenses); The method of apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment; and The District roll containing the levy for each assessor parcel number within the District commencing Fiscal Year 2025-2026.
04/2025/cdz/A25-0058/Reso/LotusRanchLLDEngineersReport 2
3. That the District and the associated assessments as outlined in the Engineer’s Report are in compliance with the provisions of California Constitution Article XIIID.
4. That the Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
5. That the City Clerk shall certify to the passage and adoption of this resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2025.
CITY OF EL CENTRO
By_____________________________
Sonia Carter, Mayor
ATTEST:
By_____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By___________________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 25- 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 , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By___________________________
Norma Wyles, City Clerk
City of El Centro
Lotus Ranch
Landscape and Lighting District
2025/2026 Engineer’s Report
Intent Meeting: May 6, 2025
Public Hearing: June 3, 2025
27368 Via Industria, Suite 200
Temecula, California 92590
T. 951.587.3500 800.755.6864
F. 951.587.3510 888.326.6864
www.willdan.com
ENGINEER'S REPORT AFFIDAVIT
Lotus Ranch Landscaping and Lighting District
The District includes the parcels of land within the residential and commercial subdivisions known as
Lotus Ranch
City of El Centro,
County of Imperial, State of California
This Report identifies the parcels within Lotus Ranch Landscaping and Lighting District and relevant zones therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Imperial County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ________ day of ______________, 2025.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of El Centro
By: ________________________________
Michelle Laase
Project Manager, District Administration Services
By: ________________________________
Tyrone Peter
P.E. # C 81888
TABLE OF CONTENTS
I. EXECUTIVE SUMMARY 1
A. INTRODUCTION 1
II. PLANS AND SPECIFICATIONS 2
A. DESCRIPTION OF THE DISTRICT 2
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2
C. IMPROVEMENTS AND SERVICES 3
D. ZONES OF BENEFIT 9
III. METHOD OF APPORTIONMENT 11
A. BENEFIT ANALYSIS 11
B. ASSESSMENT METHODOLOGY 16
IV. ESTIMATE OF COSTS 22
A. CALCULATION OF ASSESSMENTS 22
B. DESCRIPTION OF BUDGET ITEMS 22
C. DISTRICT BUDGET 25
D. ASSESSMENT RANGE FORMULA 27
E. CAPITAL IMPROVEMENT PLANS 28
V. DISTRICT DIAGRAMS 29
VI. 2025/2026 ASSESSMENT ROLL 32
2025/2026 Lotus Ranch Landscaping and Lighting District Page 1 of 31 I. EXECUTIVE SUMMARY
A. INTRODUCTION
The City of El Centro (“City”) created the Lotus Ranch Landscaping and Lighting District (“District”) in order to provide for the ongoing operation, maintenance and servicing of median landscaping, certain perimeter landscaping and street lighting improvements installed in connection with development of properties within the District. This District provides the financial mechanism (annual assessments) by which the ongoing operation, maintenance and servicing of these improvements are funded. The District was formed in 2019 and annual assessments are levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) and in compliance with the substantive and procedural requirements of the “California State Constitution” Article XIIID (“Article XIIID”).
This Engineer’s Annual Levy Report (“Report”) describes the District and the proposed assessments for Fiscal Year 2025/2026. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming Fiscal Year. Parcels within the District are assessed proportionately for only those improvements and services that are a special benefit.
The District boundaries, improvements and services, method of apportionment and assessments described in this Report are based on current development and improvement plans including the estimated direct expenditures, incidental expenses and reserves associated with the maintenance and servicing of the improvements.
These detailed plans and specifications approved by the City are made part of this Report by reference.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the Imperial County (“County”) Assessor’s Office. The County Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed on the tax roll for special district benefit assessments.
Following consideration of public comments and written protests at a noticed Public Hearing, the City Council may confirm the Report as submitted or amended and order the levy and collection of assessments for Fiscal Year 2025/2026 pursuant to the 1972 Act. The assessment information approved will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 2 of 31 II. PLANS AND SPECIFICATIONS
A. DESCRIPTION OF THE DISTRICT
The territory within the District consists of the lots or parcels of land within the planned multi-phase residential development area identified and commonly referred to as the “Lotus Ranch Development” which is located within the City of El Centro, south of Interstate 8 Freeway (Kumeyaay Highway), west of La Brucherie Road, and generally north of Manuel Ortiz Avenue and east of the Lotus Canal and Austin Road. According to the Lotus Ranch Development plans and current Assessor’s Parcel Maps, at build-out the District is anticipated to incorporate 574 single-family residential home sites; an 8.13 acre school site, (which as an alternative may be developed as an additional 35 single-family residential home sites). The Development plans include various public areas, easements, and rights-of-way that incorporate the District’s improvements, including a 10.8 acre park site, 16.5 acres of retention basin area, trails, and streetscape landscaping.
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
The installation or planting of landscaping.
The installation or construction of statuary, fountains and other ornamental structures and facilities.
The installation or construction of public lighting facilities. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. The maintenance or servicing, or both, of any of the foregoing. The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
The costs of printing, advertising and the publishing, posting and mailing of notices;
Compensation payable to the County for collection of assessments;
2025/2026 Lotus Ranch Landscaping and Lighting District Page 3 of 31 Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any improvement. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
The removal of trimmings, rubbish, debris, and other solid waste. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
C. IMPROVEMENTS AND SERVICES
Landscape Improvements
The landscape improvements to be funded by the District assessments may include, but are not limited to, turf, ground cover, shrubs and plants; areas of natural vegetation; trees; irrigation and drainage systems; masonry walls, retaining walls, or other fencing; monuments; hardscapes; concrete, gravel, or decomposed granite trails, pathways and/or access roads; and other related appurtenant facilities within the District that have been dedicated to the City for maintenance including but are not limited to:
Designated parkway side-panels within the rights-of-way or easements adjacent to the streets and properties within the District, including parkways and entryways;
Various non-street landscaping and/or vegetation management areas including the drainage basin areas, trails, and any other dedicated open space or greenbelt areas within the District; and
The planned local park site and recreational areas within the District.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 4 of 31 The following provides a summary description of the landscape improvements anticipated to be constructed as part of the development of properties within the District and ultimately maintained through the District at build-out. For reference purposes, in conjunction with these descriptions of the improvements a visual depiction of the landscape improvement areas is provided on the diagrams contained in Part V of this Report. At build-out, it is anticipated that the District’s landscape improvements will generally include, but is not limited to approximately:
Streetscape Landscaping
At build-out there will be an estimated 221,575 square feet of irrigated streetscape landscape improvement area within the District including, but not limited to:
La Brucherie Road
43,179 square feet of irrigated landscape improvement area on the west side of La Brucherie Road from Interstate 8 Freeway (Kumeyaay Highway), south to Wake Avenue, including the return at the northwest corner of La Brucherie Road and Wake Avenue;
90,39 square feet of irrigated landscape improvement area on the west side of La Brucherie Road between Wake Avenue and Daneberg Drive; and 4,218 square feet of irrigated landscape improvement area on the west side of La Brucherie Road adjacent to the residential parcels in Unit C Phase 5 starting at a point south of Daneberg Drive and parcels 052-380-028 and 052-380-029, then south to Manuel Ortiz Avenue. (Excludes the west side right-of-way area adjacent to parcels 052-380-028 and 052-380-029 which are not part of the District);
23rd Street
1,438 square feet of irrigated landscape improvement area on the west side of 23rd Street between Barbara Way and Whitney Avenue;
1,434 square feet of irrigated landscape improvement area on the west side of 23rd Street between Whitney Avenue and Farmer Avenue;
1,399 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Farmer Avenue and Wake Avenue;
1,507 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Wake Avenue and Chaparral Drive;
2,870 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Chaparral Drive and Manzanita Drive;
2,873 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Manzanita Drive and Jacaranda Drive;
2,873 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Jacaranda Drive and Chandler Avenue;
2025/2026 Lotus Ranch Landscaping and Lighting District Page 5 of 31 1,432 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Chandler Avenue and Daneberg Drive;
1,373 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Daneberg Drive and Cameron Drive;
2,835 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Cameron Drive and Sophia Drive;
2,831 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Sophia Drive and Savannah Drive;
2,832 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Savannah Drive and Belen Drive;
1,400 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 23rd Street between Belen Drive and Manuel Ortiz Avenue;
24th Street
2,869 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Barbara Way and Whitney Avenue;
2,874 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Whitney Avenue and Farmer Avenue;
1,396 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Farmer Avenue and Wake Avenue (Development Area A7);
1,494 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Wake Avenue and Chaparral Drive (Development Area A8);
2,867 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Chaparral Drive and Manzanita Drive;
724 square feet of irrigated landscape improvement area on the west side of 24th Street between Manzanita Drive and the Park Site;
3,502 square feet of irrigated landscape improvement area on the west side of 24th Street adjacent to the Park Site;
1,437 square feet of irrigated landscape improvement area on the east side of 24th Street between Manzanita Drive and Jacaranda Drive; 1,435 square feet of irrigated landscape improvement area on the east side of 24th Street between Jacaranda Drive and Chandler Avenue; 719 square feet of irrigated landscape improvement area on the east side of 24th Street between Chandler Avenue and Daneberg Drive;
2025/2026 Lotus Ranch Landscaping and Lighting District Page 6 of 31 1,330 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Daneberg Drive and Cameron Drive;
2,835 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Cameron Drive and Sophia Drive;
2,829 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Sophia Drive and Savannah Drive;
2,837 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Savannah Drive and Belen Drive;
1,351 square feet of irrigated landscape improvement area on both sides (east and west sides combined) on 24th Street between Belen Drive and Manuel Ortiz Avenue;
Lotus Avenue
1,473 square feet of irrigated landscape improvement area on the east side of Lotus Avenue between Barbara Way and Whitney Avenue;
1,299 square feet of irrigated landscape improvement area on the east side of Lotus Avenue between Whitney Avenue and Farmer Avenue;
1,159 square feet of irrigated landscape improvement area on the east side of Lotus Avenue between Chaparral Drive and Manzanita Drive; 1,279 square feet of irrigated landscape improvement area on the east side of Lotus Avenue between Cameron Drive and Sophia Drive;
1,417 square feet of irrigated landscape improvement area on the east side of Lotus Avenue between Sophia Drive and Savannah Drive;
1,282 square feet of irrigated landscape improvement area on the east side of Lotus Avenue between Savannah Drive and Belen Drive;
Carmen Avenue
1,146 square feet of irrigated landscape improvement area on the west side of Carmen Avenue between Savannah Drive and Belen Drive;
Barbara Way
1,330 square feet of irrigated landscape improvement area on the south side of Barbara Way between 23rd Street and Carmen Avenue;
Farmer Avenue
1,334 square feet of irrigated landscape improvement area on the north side of Farmer Avenue between 23rd Street and Carmen Avenue;
Wake Avenue
2,209 Parkway on southwest corner of Wake Avenue and La Brucherie Avenue; 7,528 square feet of irrigated landscape improvement area on both sides (north and south sides combined) on Wake Avenue between La Brucherie Avenue and 23rd Street;
2025/2026 Lotus Ranch Landscaping and Lighting District Page 7 of 31 13,516 square feet of irrigated landscape improvement area on both sides (north and south sides combined) on Wake Avenue between 23rd Street and 24th Street;
13,304 square feet of irrigated landscape improvement area on both sides (north and south sides combined) on Wake Avenue west of 24th Street; Daneberg Drive
10,895 square feet of irrigated landscape improvement area on both sides (north and south sides combined) on Daneberg Drive between La Brucherie Avenue and 23rd Street;
18,213 square feet of irrigated landscape improvement area on both sides (north and south sides combined) on Daneberg Drive between 23rd Street and 24th Street;
17,009 square feet of irrigated landscape improvement area on both sides (north and south sides combined) on Daneberg Drive west of 24th Street; Manuel Ortiz Avenue
3,319 square feet of irrigated landscape improvement area on the north side of Manuel Ortiz Avenue between La Brucherie Avenue and 23rd Street; 4,978 square feet of irrigated landscape improvement area on the north side of Manuel Ortiz Avenue between 23rd Street and 24th Street; 4,853 square feet of irrigated landscape improvement area on the north side of Manuel Ortiz Avenue west of 24th Street;
Basin/Open Space Area
At build-out there will be an estimated 801,196 square feet of basin/open space area improvements within the District incorporating approximately, 625,375 square feet of natural non-irrigated surface area; 23,271 square feet of irrigated landscape area comprised of trees, decorative rock, groundcover and/or planting; 52,452 square feet of hardscape surface area; 49,281 square feet of rock/gravel basin access road surfaces including two access points from Barbara Way; and 50,817 square feet of decomposed granite trail connections including access points from the park site, Wake Avenue, Daneberg Drive, Manuel Ortiz Avenue, and three locations at various locations on Lotus Ranch Road.
Paseos/Pathway Connections
At build-out there are five planned paseos/pathway connections within the District which collectively comprise an estimated 4,031 square feet of decomposed granite paths and 3,621 square feet of irrigated landscape area comprised of trees, decorative rock, groundcover and/or planting. These paseos/pathway connections are located between the cul-de-sacs on Whitney Avenue, Farmer Avenue, Chaparral Drive, Manzanita Drive, and Chandler Avenue.
Park Site
Part of the Lotus Ranch development includes an approximately 11.92-acre park site located at the northwest corner of Daneberg Drive and 24th Street. It is anticipated that this park-site when constructed will include an estimated 207,150 square feet of multi-purpose turf area; 242,785 square feet of additional planter hardscape landscape area; and 69,280 square feet of other park facilities that will be
2025/2026 Lotus Ranch Landscaping and Lighting District Page 8 of 31 constructed and funded in part by District assessments. These park facilities may include but are not limited to sports courts; playground areas, equipment and structures; sidewalks/pathways; picnic areas and facilities; restrooms; a parking lot; and any other equipment, structures or facilities related to the foregoing including ornamental or safety lighting; benches; trash receptacles; drinking fountains; picnic facilities; and sports equipment and structures. At the time this Report was prepared, the park site plans have not been finalized and the square footages and estimate of maintenance costs presented herein are based on the City’s initial proposed development plans for the site, which are subject to change.
Lighting Improvements
Lighting improvements to be funded by the District assessments may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and appurtenant facilities associated with the streetlights, traffic signals, and lighting within public areas within the District. Maintenance, operation, and servicing of these lighting improvements may include, but is not limited to the furnishing of electric current or other illuminating agent; as needed maintenance, repair, and replacement of worn out electrical components and light fixtures, including bulbs, ballasts, photoelectric cells, meters, electrical cables; repair or replacement of damaged poles, ground wires, and conduits caused by accidents, vandalism, time, and weather; and monitoring of the Underground Service Alert (USA) network to prevent damage by excavation. At build-out, it is anticipated that the District’s lighting improvements will generally include, but is not limited to:
Street Lighting
At build-out there will be an estimated one hundred and forty-three (143) streetlights within the District including, but not limited to:
Thirty-five (35) 250-watt streetlights located at various street corners and other locations on 23rd Street, 24th Street, Barbara Way, Chaparral Drive, Daneberg Drive, Farmer Avenue, La Brucherie Avenue, Lotus Avenue, Manuel Ortiz Avenue, Manzanita Drive, Wake Avenue, and Whitney Avenue; One hundred and eight (108) 100-watt streetlights located on 23rd Street, 24th Street, Barbara Way, Belen Drive, Cameron Drive, Carmen Avenue, Chandler Avenue, Chaparral Drive, Daneberg Drive, Farmer Avenue, Jacaranda Drive, La Brucherie Avenue, Lotus Avenue, Manuel Ortiz Avenue, Manzanita Drive, Savannah Drive, Sophia Drive, Wake Avenue, and Whitney Avenue;
Other Lighting
In addition to the streetlights identified above, it is anticipated that there will be an additional thirty-five (35) trail and park lights within the District including, but not limited to:
Eleven (11) trail lights along the trail adjacent to the basin/open space area, which extends the length of the District from approximately Barbara Way to Manuel Ortiz Avenue;
Twenty-four (24) park lights within the park site located at the northwest corner of Daneberg Drive and 24th Street.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 9 of 31 Any other public lighting facilities including future traffic signals that may be deemed necessary or desired for the safe ingress or egress to the properties within the District or for public safety.
Excluded Improvements
Improvements that are not a part of the District improvements include, privately owned lighting and landscaping improvements located on private property and/or properties, easements or areas owned by an association, utility company, or other public agency. Such improvements and facilities shall be provided and maintained by the individual property owners, utility company, public agency, or association established in connection with the development of properties within the District.
D. ZONES OF BENEFIT
While the California Constitution requires that “The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement…”; it is reasonable to conclude that while many of the District improvements may proportionately benefit all assessed parcels within the District, certain landscaping and/or lighting improvements may only provide special benefits to specific parcels or portions of the district (particularly in larger districts and/or districts in which development will occur over time in phases). In addition, some improvements within a district and/or the costs associated with various public improvements are identified as providing some measure of general benefit and because general benefit costs cannot be assessed, the cost of such improvements may be proportionately allocated as both special benefits and general benefit.
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing various landscaping and lighting improvements, including the acquisition, construction, installation, maintenance, and servicing of those improvements and related facilities. In addition, to ensure an appropriate allocation of the estimated costs to provide various improvements based on proportional special benefits, landscaping and lighting districts often times include benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. Each Zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.” At the time this Report was prepared, it is anticipated that all the proposed improvements previously identified and described in the preceding section will reasonably be considered shared improvements because the overall development of the properties in the area will collectively facilitate and require the installation and maintenance of those improvements. As a result, the special benefits and cost of providing such improvements should be proportionately shared by all the parcels to be assessed in the District, which would require a single benefit zone. However, it is also recognized that because the parcels and improvements for this District will be constructed in multiple phases, it is likely that on an annual basis until the District is fully developed, some improvements will only benefit the developed parcels within
2025/2026 Lotus Ranch Landscaping and Lighting District Page 10 of 31 the District such as the internal residential street lights installed as residential phases are subdivided, while other improvements such as the development entryway landscaping or basin area improvements benefit all the parcels whether they are subdivided or not. Furthermore, as development occurs within the District, eventually some improvements may be installed within the District that may be specifically associated with particular development phases or parcels within the District.
Therefore, for administrative purposes and to ensure an equitable apportionment of the annual maintenance and operation expenses, in accordance with the 1972 Act, two benefit zones (Zones) were established within this District at the time of formation, and designated as Zone A and Zone B.
Zone A
Zone A will incorporate the properties and development phase(s) that have been subdivided into individual residential lots and/or other land uses. For 2025/2026, this Zone includes the subdivided parcels in Unit B, Phase 1 and Phase 2 of the Lotus Ranch development.
Zone B
Zone B includes the planned residential development phases within the District that have not yet been subdivided and are generally identified by the County Assessor’s Office as Vacant property. For 2025/2026 Zone B includes the parcels and territory currently identified as: Unit A, Phases 1 through 9; Unit B, Phases 3 through 4; Unit C, Phases 1 through 5; and the park site.
By establishing and utilizing a Zone structure, similar properties with similar types of improvements will be assessed a proportional amount for the total annual expenses related to the maintenance, operation and servicing of the improvements provided by the District and for which the properties receive special benefits. The use of Zones will allow for each development and the parcels therein to be assessed for the improvements provided each Fiscal Year as development occurs and/or improvements are installed.
For calculating annual assessments each Fiscal Year, some or all of the parcels in Zone B may be identified as either Undeveloped Residential Property and/or Exempt parcels and will be assessed in accordance with the method of apportionment described in “Part III - Method of Apportionment” of this Report. However, as these parcels are subdivided or developed, and/or as additional improvements are accepted for maintenance, at the discretion of the Assessment Engineer and/or City, the affected properties may be reclassified as Zone A parcels and assessed accordingly. It is anticipated that at build-out, each of the parcels currently within Zone B will be transitioned into Zone A and the Zone B designations will eventually be eliminated.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 11 of 31 III.METHOD OF APPORTIONMENT
A. BENEFIT ANALYSIS
Legislative Authority
Part 2 of Division 15 of the Streets and Highways Code, the 1972 Act, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of street lighting and landscape improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:
Section 22573 defines the net amount to be assessed as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
Section 22574 provides for zones as follows:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.” The formulas used for calculating assessments and the designation of zones herein reflect the composition of parcels within the District and the improvements and activities to be provided, and have been designed to fairly apportion the entirety of the capital cost of the local public improvements and the maintenance and operation expenses of such improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Article XIIID of the California Constitution (Proposition 218).
Proposition 218 Benefit Analysis
The costs of the proposed improvements for this District have been identified and allocated to properties within the District based on special benefit. The improvements provided by this District and for which properties are assessed are local public landscaping and lighting improvements and related amenities. The assessments and method of apportionment is based on the premise that these improvements would otherwise not have been required without the development of those parcels within the District.
Article XIIID Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;
2025/2026 Lotus Ranch Landscaping and Lighting District Page 12 of 31 Article XIIID Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.
General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
Special Benefits
The ongoing maintenance of landscaped areas within the District will provide aesthetic benefits to the properties within the District and are intended to provide a more pleasant environment to walk, drive, live, and work. The primary function of these improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements are constructed and installed and/or are facilitated by the development or potential development of properties within the District. These improvements are an integral part of the physical environment associated with the parcels in the District and while some of these improvements may in part be visible to properties outside the District, collectively if these improvements are not properly maintained, it is the parcels within the District that would be aesthetically burdened. Additionally, the street landscaping in the District serve as a pleasant aesthetic amenity that enhances the approach to the parcels and in many cases, serve as both a physical buffer as well as a sound reduction buffer between the roadways and the properties in the District. Likewise, the landscape improvements include parks, green spaces (basins), and trails that provide visually pleasing open space areas that serve as an extension of the physical attributes of the parcels assessed, such as their front or rear yards and may also provide a greater opportunity for recreation. Thus, the maintenance of these landscaped improvements provides advantages to the assessed properties that affect the assessed parcels in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share.
Likewise, street lighting in the District is primarily useful for illuminating the streets that provide access to the properties in the District as well as the sidewalks and parking lanes associated with those properties. While it is recognized that streetlights and traffic signals serve in part to enhance traffic safety, installation and construction of these improvements are for the most part, required by the development of properties within the district and these improvements provide three main special benefits to those properties: (i) property security benefit, (ii) pedestrian safety benefit, and (iii) parkway/roadway access benefit. Furthermore, because traffic circulation in the City is largely the result of local traffic to and from these properties by the property owners and guests, it is reasonable to assume that these properties derive a particular and distinct benefit from the streetlighting that support the safe access to the properties and essentially all pedestrians and parking vehicles in the lit areas will, after dark, be directly associated with the assessed properties. As a result, the
2025/2026 Lotus Ranch Landscaping and Lighting District Page 13 of 31 maintenance of these lighting improvements is a particular and distinct benefit to the properties and developments within the District.
Collectively these landscaping and lighting improvements and related assessments enhance the security, overall use, presentation and marketability of the properties, and ensure the long-term cost-efficiency of services that is obtained through the City provided maintenance (economy of scale), and the regulatory restrictions on future cost increases.
General Benefit
Landscaping General Benefit
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed, it is evident these improvements have been or will be installed as part of the development of properties within the District or are improvements that would otherwise be shared by and required for development of those properties. Although the District improvements are located on public streets or public areas that are visible and/or accessible to the general public, it is evident that the ongoing maintenance of these improvements are only necessary for the appearance and advantage of the properties within the District that are directly associated with those improvements and these improvements (particularly the level of maintenance and servicing) are not required nor necessarily desired by any properties outside the District and/or the respective Zones associated with those various improvements.
It is also evident that: (1) the maintenance of these improvements and the level of maintenance provided, has a direct and particular advantage (i.e., special benefit) only on those properties in close proximity to those improvements including those developments and properties that are directly accessed from the streets where the improvements are located; and (2) such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, limits any indirect or incidental benefit that the public at large or properties outside District and/or District Zones receive from the improvements.
In the absence of a special funding District, these types of improvements would not have been installed by the City and the City’s maintenance of these improvements would for the most part, be limited to tree management services necessary to ensure public safety and protection of property, weed abatement, rodent control, and erosion control services for the various landscape areas that are provided elsewhere in the City. This basic or baseline level of service would typically provide for periodic servicing of these areas on an as-needed basis. This baseline level of service, which is provided elsewhere in the City, would provide for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage. However, this baseline level of service results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance that can be provided through the District assessments.
On average, the cost to provide this baseline level of service for the District’s landscape areas is estimated to be approximately $0.01936 per square foot for irrigated streetscape areas; approximately $0.01598 per square foot for irrigated non-streetscape landscape areas; and approximately $0.0215 per square foot for
2025/2026 Lotus Ranch Landscaping and Lighting District Page 14 of 31 overall park areas, including a five percent (5%) cost factor for City overhead and administration.
Other Landscaping General Benefits
In addition to the general benefit identified above, it is recognized that there are indirect or incidental general benefits to properties within the District as well as the general public that are associated with regular landscape maintenance services, including:
Minimization of dust and debris; and
Decreased potential water runoff from both properties and the landscaped areas.
Although these types of benefits might best be characterized as indirect consequences of the special benefit of the landscape maintenance provided to parcels served by the District, for the purposes of calculating proportional benefits, we assume these types of benefits to be general benefits, albeit general benefits that are extremely difficult to quantify. We estimate that the costs associated with these indirect benefits do not exceed one percent (1%) of the annual maintenance expenditures for the landscaping improvements.
The baseline general benefit costs and the indirect/incidental general benefit costs identified above shall be excluded from the special benefit assessment funding and not assessed to the parcels within the District. The total calculated general benefit cost for the landscaping improvements associated with each Zone is summarized in the table at the end of this section and is also identified in the budgets contained in Part IV of this Report.
Lighting General Benefit
In reviewing the location and extent of the specific lighting improvements to be funded by District assessments and the proximity and relationship to properties to be assessed, like the landscaping improvements it is evident these improvements are being installed as a direct result of the development of the properties within the District or are lighting improvements that would otherwise be shared by and required for the development of those properties. It is also evident that the maintenance and servicing of these improvements has a direct and particular impact (special benefit) on those properties in proximity to those street lighting improvements and these street lighting improvements are for the most part, lighting improvements that exceed what would otherwise be required for traffic circulation or to ensure the safety and protection of the general public and property in general.
Because these District lighting improvements are directly associated with the development or anticipated development of the properties within the respective District Zones and clearly provide a special benefit to those properties that is not shared by all properties in the City, it is certainly reasonable to conclude that the maintenance and operation of these improvements is largely if not entirely a special benefit to those properties to be assessed. Based on the special benefits previously identified for streetlights, it is apparent that the internal residential development streetlights are installed solely for the use and benefit those residential properties and there is no quantifiable general benefit to other properties or to the public at large.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 15 of 31 In addition to the internal residential streetlights within the various development phases (both the residential parcels and the planned school site), each of the properties within the District are accessed from and/or are adjacent to one of four secondary/collector street (La Brucherie Road, Wake Avenue, Daneberg Drive, and Manuel Ortiz Avenue). The streetlights on these secondary/collector streets represent approximately 36% of the total streetlights to be installed within the District and are collectively and proportionately shared by each of the properties in the District. While these secondary/collector lights are clearly the result of the development of properties within the District, it is also reasonable to conclude that these types of streets are often accessed by the general-public (possibly in route to the school or park) and to some extent the street lighting on these streets may also enhance general nighttime traffic safety and circulation for other properties and the public at large. Based on various traffic circulation studies and related data, it is estimated that less than twenty percent (20%) of these secondary/collector streetlights would be required for similar streets in less concentrated development areas. Therefore, it has been determined that the general benefit related to the overall operation and maintenance of these shared streetlights is no more than seven percent (7%) of the total streetlight operating costs (36% of the total lights x 20% requirement = 7%). However, to ensure that no parcel is assessed for more than its proportional special benefit for these shared streetlights, the City will contribute for general benefit an amount equal to ten percent (10%) of the budgeted regular annual maintenance expenditures (maintenance and energy costs). These general benefit costs shall be excluded from the special benefit assessment funding and not assessed to the parcels within the District.
Utilizing the general benefit service costs outlined above and the improvements proposed at build-out, the following table summarizes the estimated general benefit costs calculated for each Zone and Sub-Zone within the District:
Estimated General Benefit for Street Lighting, Landscaping, and Parks (1) As with most maintenance costs, the General Benefit Costs shown above will be impacted by inflation and in subsequent Fiscal Years the General Benefit Cost contributions will be adjusted for inflation.
Street Lighting Landscaping and Parks Total
General Benefit General Benefit General Benefit (1)
A $0 ($670) ($670)
B 0 0 0
Total General Benefit $0 ($670) ($670)
Zone
2025/2026 Lotus Ranch Landscaping and Lighting District Page 16 of 31 B. ASSESSMENT METHODOLOGY
The method of apportionment for this District calculates the receipt of special benefit from the respective improvements based on the land use of the parcels.
Equivalent Benefit Unit Application:
To calculate and identify the proportional special benefit received by each parcel and ultimately each parcel’s proportionate share of the improvement costs it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District
Article XIIID Section 4a reads in part:
“…The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement or for the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
Landscaping and lighting improvements like most public improvements, provide varying degrees of benefit (whether they be general or special) based largely on the extent of such improvements and the location of the improvements in relationship to properties associated with those improvements. To establish the proportional special benefit and ultimately the assessment obligation for each parcel, these factors need to be addressed and formulated in the method of apportionment by the use of benefit zones that reflect the extent and location of the improvements in relationship to the properties, as well as the specific use of the property and characteristics that reflects each parcel’s proportional special benefit as compared to other properties that benefit from those same improvements.
The method of apportionment (method of assessment) developed for this District is based on the premise that each of the property to be assessed receives a particular and distinct benefit (special benefit) from the improvements, services and facilities to be financed by the District assessments and to assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized in this District and establishes a basic unit of benefit (base value) and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. This EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics The base value and assessment formula utilized in each Zone may be different, but is established for each Zone to reflect the improvements and properties that benefit from those improvements utilizing property characteristics that may include but is not limited to the type of development (property land use), property’s development status, and size of the property (acreage or units).
2025/2026 Lotus Ranch Landscaping and Lighting District Page 17 of 31 For the purposes of this Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic value for calculation of assessments since at build-out it is anticipated that this land use will represent over 98% of the parcels in the District and over 70 % of the total acreage developed.
Thus, the "benchmark" property (the single-family residential parcel) derives one (1) EBU of benefit and is assigned 1.00 Equivalent Benefit Unit.
While it is anticipated that the development of properties within this District will be primarily single-family residential parcels, the following outlines the land use classifications that will likely be associated with or may be associated with the parcels in the District and the proportional Equivalent Benefit Units established for those land use classifications.
Land Use Classifications:
Single-Family Residential — This land use classification is defined as a fully subdivided residential home site with or without a structure. This land use may include, but is not limited to subdivided residential tract lots, condominiums, or other individual residential units or subdivided lots assigned an Assessor’s Parcel Number.
As previously noted, the single family residential parcel has been selected as the basic value for calculation of assessments and each is assigned 1.00 Equivalent Benefit Unit.
Multi-Family Residential — This land use classification is defined as properties that are primarily used for residential purposes, but contain more than a single residential unit on the parcel (parcels with more than one dwelling) including apartments, duplexes, or other multi-unit structures. Due in part to the development and population densities associated with these types of dwelling units (reduced unit size compared to the typical density and size of single-family properties), studies have consistently shown that the average apartment unit impacts infrastructure approximately 80% as much as a single-family residence. (Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition, 1991; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991). Therefore, it is reasonable to conclude that the proportional special benefit these properties receive from the public improvements funded by the District assessments has a similar proportionality and these parcels shall be assigned a weighted proportional special benefit of 0.80 EBU per unit.
At the time of formation, it was not anticipated at that this Land Use Classification would be applied to parcels within the District, but may be applicable in subsequent Fiscal Years if such parcels are developed within the District or such parcel land uses are annexed to the District
Developed Non-Residential — This land use is defined as a parcel and/or development (group of parcels) that has been developed primarily with a nonresidential use including, but not limited to (both publicly owned and privately owned) commercial retail or service, office or professional service, hotel or motel, manufacturing, warehousing, parking lot, and/or institutional facilities including hospitals or other medical facilities, private schools or education centers, churches or other non-profit organizations.
It is not anticipated that this Land Use Classification will be applied to parcels within the District; however, if such parcels were developed within the District or annexed
2025/2026 Lotus Ranch Landscaping and Lighting District Page 18 of 31 to the District in subsequent Fiscal Years, based on the planned residential development density within this District (approximately five dwelling units per acre of land), it would be reasonable and appropriate to assign the developed nonresidential properties a weighted special benefit that reflects a similar and proportional development density. Therefore, the EBU assigned to each developed non-residential property is established by multiplying the parcel’s applied acreage by 5.0 EBU per acre (e.g. a developed non-residential parcel of 4.25-acres would be assigned 21.25 EBU, 4.25 acres x 5.0 EBU/acre = 21.25 EBU).
Public School Property — This classification includes the parcel identified specifically as a planned public-school site at formation of the District. On average, approximately 1/3rd (33.33%) of the total school site acreage is developed with structures and parking facilities, which is similar to what is commonly associated with non-residential developments. The remaining parcel acreage (approximately
66.67%) is generally playground areas and/or sports fields which is similar to the District’s park improvements. Recognizing the overall development of this parcel as compared to other properties in the District and the improvements in proximity to this property, it has been determined that proportional special benefit EBU calculated for this parcel is accurately reflected by treating that portion of the parcel with structures and parking facilities (1/3rd of the parcel’s acreage) similar to the EBU calculated for Developed Non-Residential properties (33.33% of acreage x 5.0 EBU/acre), with the remaining 2/3rd of the parcel’s acreage being excluded (treated similar the District’s park facility, although this area is not part of the improvements being maintained by the District). Therefore, the 8.13 acre school site parcel shall be assigned 14.60 EBU ([8.13 acres x 33.33% = 2.92 applied acre]; x 5.00 EBU/acre = 14.60 EBU).
However, for calculation of the annual assessments each Fiscal Year, the Assessment Engineer shall apply to this parcel an EBU that best reflects the property’s development status and proportional special benefit from the existing improvements and/or new improvements to be installed and accepted during the Fiscal Year. The Assessment Engineer may treat the parcel as a Vacant Undeveloped Property (assigned 1.00 EBU per acre or 2.92 EBU) or any proportional EBU up to the parcel’s maximum EBU described above (14.60 EBU).
Planned Residential Development — This land use classification is defined as a parcel or group of parcels that may currently be identified as vacant undeveloped property but is zoned for residential use and the number of residential units to be developed on the property has been determined or identified as part of a Tentative Development Plan, Tentative Tract Map or Specific Plan.
For calculation of the annual assessments each Fiscal Year, the Assessment Engineer shall apply to such parcels an EBU that best reflects that parcel’s proportional special benefit from the improvements and services provided as compared to other properties in the District and Zones based on the type and location of the improvements to be maintained, the proximity of the property to those improvements, and the development status of the property. Because these factors can vary from year to year and from parcel to parcel, the calculated EBU for each parcel originally balloted as Planned Residential Development parcel may be different utilizing either the acreage of the parcel or number of planned units. The Assessment Engineer may identify the parcel and treat the parcel as a Vacant Undeveloped Property (assigned 1.00 EBU per applied acre up to a maximum of 5.0 EBU; as an Undeveloped Residential Property (assigned 1.00 EBU per acre for the parcel’s total acreage); or may temporarily identify the parcels as a Special Case
2025/2026 Lotus Ranch Landscaping and Lighting District Page 19 of 31 Parcel (refer to this land use classification below) assigning the parcel any proportional EBU up to the maximum EBU for which the property was ballot (1.0 EBU per single-family residential lot and 0.80 per multi-family residential unit).
It is anticipated that development of the properties within the District (specifically in Zone B) and installation of the improvements may be spread out over several years and as such, many of the parcels initially identified in the formation Engineer’s Report as Planned Residential Development properties will likely be assigned a weighted special benefit per acre applicable to Vacant Undeveloped Property until the properties are developed or a substantial portion of the District improvements have been installed and accepted for maintenance.
Vacant Undeveloped Property — This land use classification includes undeveloped properties that are identified as parcels with no development including residential and non-residential properties, undeveloped school sites, and parcels that may currently be used for agricultural purposes. Although it is recognized that most of the improvements within the District will be constructed and accepted for maintenance in large part as properties are developed (Zone A parcels) and these developments will clearly receive a particular and distinct benefit (direct special benefit) from those improvements, it is also recognized that many of the various improvements proposed within the District such as the basins, the park, the development entryway landscaping and street lighting on the main collector streets are considered shared improvements that collectively support the overall development of properties within the District to their full and best use, including the vacant undeveloped properties. However, it is also recognized that internal (neighborhood) streetlights, some unit specific street landscaping and nonstreetscape improvements within the District are in large part specifically related to the residential parcels that have an immediate utilization of those improvements and the special benefit costs associated with these neighborhood streetlights and landscape areas will likely be assessed primarily if not entirely to the properties which are developed or actively being developed. Likewise, most of the remaining landscaping and lighting improvements within the District will likely be installed and accepted for maintenance as properties are developed and those developing parcels clearly receive a proportionately greater benefit from those improvements than do the undeveloped properties.
Therefore, it has been determined that parcels identified as Vacant Undeveloped Property shall be assigned a proportional EBU that is 20% of that assigned to developed properties, which is 1.0 EBU per applied acre (20% of the 5.0 EBU per acre assigned to Developed Non-Residential properties), up to a maximum of 5 acres per parcel or 5.0 EBU per parcel. (e.g. a Vacant Undeveloped Property which is 7.00-acres would be assigned 5.00 EBU [5.0-acre maximum x 1.0 EBU/acre]).
Undeveloped Residential Property — This land use classification includes undeveloped properties that were originally identified as Planned Residential Development parcels, but have not yet been developed or subdivided, but are either adjacent to or in close proximity to improvements that will be maintained for the current Fiscal Year, and/or the property is actively being developed. While many of the improvements within the District will be constructed and accepted for maintenance in large part as properties are being subdivided or developed and those properties will clearly receive a particular and distinct benefit (direct special benefits) from those improvements, it is also recognized that certain improvements within the
2025/2026 Lotus Ranch Landscaping and Lighting District Page 20 of 31 District are installed in advance of property development that are considered shared improvements that collectively support the overall development of properties within the District and Zones to their full and best use, including the vacant undeveloped properties. However, it is also recognized that some of these shared improvements within the District have a more direct and particular benefit to those undeveloped properties directly adjacent to the improvements or in close proximity to those improvements than do the vacant undeveloped properties that are not actively being developed or are further from those shared improvements.
Therefore, it has been determined that parcels identified as Undeveloped Residential Property shall be assigned a proportional EBU that is 20% of that assigned to developed properties, which is 1.0 EBU per applied acre (20% of the 5.0 EBU per acre assigned to Developed Non-Residential property), but unlike parcels designated as Vacant Undeveloped Property, there is no acreage cap for the parcel. (e.g. an Undeveloped Residential Property which is 7.00-acres would be assigned
7.00 EBU [7.0 acres x 1.0 EBU/acre]).
Special Case Property — In many landscaping and lighting districts (particularly districts that have a wide range of land uses, phased developments, and/or diversity in the location and type of improvements) there may be one or more parcels to be assessed for which the standard land use classifications and proportionality identified above do not accurately identify the use and special benefit received from the improvements. Properties that are typically classified as Special Case Parcels usually involve partial or mixed use development of the property or development restrictions whether those restrictions are temporary or permanent and affect the properties proportional special benefit. Examples of such restrictions may include situations where only a portion of the parcel’s total acreage is or can be developed.
In such a case, the net acreage of the parcel would be utilized rather than the gross acreage of the parcel to calculate the parcel’s proportional special benefit similar to how the Public School site parcel is treated. Each such parcel shall be addressed on a case-by-case basis by the Assessment Engineer and the EBU assigned to such parcels shall be based on the specific issues related to that parcel and its proportional special benefit compared to other properties that receive special benefits from the improvements.
Exempt — Within most districts, there are lots or parcels of land that do not receive a special benefit from the improvements provided (exempt from assessment), which may include, but is not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, public rights-of-way, or utility rights-of-way; common areas, bifurcated lots; sliver parcels or any other parcel that has little or no assessed value and cannot be developed independently; parcels that are part of the improvements being maintained by the District, or that the City has determined cannot be developed. These types of parcels are considered to receive no special benefit from the improvements and are therefore exempted from assessment and are assigned 0.00 EBU.
A summary of the Equivalent Benefit Units (EBUs) that may be applicable for various land use classifications within the District is shown in the following table:
2025/2026 Lotus Ranch Landscaping and Lighting District Page 21 of 31 Equivalent Benefit Unit Summary
The following is a summary of the Equivalent Benefit Units applicable to the various land use classifications identified in each Zone:
Zone A
Assessment Land Use Total
Parcels
Applied
Units
Applied
Acreage
Equivalent
Benefit Units
(EBU)
Single Family Residential 44 44 0.00 44.00
Totals 44 44 0.00 44.00
Zone B
Assessment Land Use Total
Parcels
Applied
Units
Applied
Acreage
Equivalent
Benefit Units
(EBU)
Special Case Property (1) 1 211 2.92 225.60
Planned Residential Development 2 319 0.00 319.00
Exempt 2 0 7.98 0.00
Totals 5 530 10.90 544.60
District Total
Assessment Land Use Total
Parcels
Applied
Units
Applied
Acreage
Equivalent
Benefit Units
(EBU)
Single Family Residential 44 44 0.00 44.00
Special Case Property (1) 1 211 2.92 225.60
Planned Residential Development 2 319 0.00 319.00
Exempt 2 0 7.98 0.00
Totals 49 574 10.90 588.60
(1) Special Case Property includes vacant land planned for 211 residential units and a school site.
Assessment Land Use Equivalent Benefit Unit Formula
Single Family Residential 1.00 EBU per Unit
Multi-Family Residential 0.80 EBU per Unit
Developed Non-Residential 5.00 EBU per Acre
Public School Property 5.00 EBU per Adjusted Acreage
Planned Residential Development 1.00 EBU per Unit
Vacant Undeveloped Property 1.00 EBU per Acre (Maximum of 5 Acres) Undeveloped Residential Property 1.00 EBU per Acre
Exempt 0.00 EBU per Acre
Special Case Varied EBU per Applied Acres or Units
2025/2026 Lotus Ranch Landscaping and Lighting District Page 22 of 31 IV. ESTIMATE OF COSTS
A. CALCULATION OF ASSESSMENTS
An assessment amount per EBU in each Zone is calculated by:
Taking the “Total Annual Expenses” (Total budgeted costs) and subtracting the “Total General Benefit Expenses”, to establish the “Total Special Benefit Expenses”.
Total Annual Expenses – General Benefit Expenses = Special Benefit Expenses
To the resulting “Special Benefit Expenses”, various “Funding Adjustments/Contributions” may be applied that may include, but are not limited to:
“Reserve Fund Collection/Transfer”, represents an amount of available existing funds from the “Operational Reserve Fund Balances” being applied to pay a portion of the Special Benefit Expenses for the Fiscal Year. “Revenue from Other Sources”, represents a further adjustment that addresses the funding gap between the amount budgeted to provide the improvements and services (“Special Benefit Expenses”) and the amount that will be collected through the assessments. This funding gap may be addressed by an additional City contribution, reductions in service and service expenses, or a combination of the two.
These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed “Balance to Levy”.
Special Benefit Expenses +/- Funding Adjustments/Contributions = Balance to Levy
The amount identified as the “Balance to Levy” is divided by the total number of EBUs of parcels that benefit to establish the “Assessment Rate” or “Assessment per EBU” for the Fiscal Year. This Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment for the improvements.
Balance to Levy / Total EBU = Assessment per EBU (Assessment Rate) Assessment per EBU x Parcel EBU = Parcel Assessment Amount B. DESCRIPTION OF BUDGET ITEMS
DIRECT ANNUAL MAINTENANCE & OPERATING EXPENSES:
Annual Lighting Operation and Maintenance Expenses — Includes the cost of maintenance, operation, and servicing of the District’s lighting improvements, which generally include the furnishing of labor, materials, equipment and electricity.
Landscape & Park Maintenance — Includes all regularly scheduled labor and general maintenance cost including all wages, salaries, benefits and contract services required to properly maintain and ensure the satisfactory condition of all improvements and appurtenant facilities.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 23 of 31 Tree Maintenance — Includes the cost of the maintenance, operation, and servicing of the District’s trees, including the furnishing of labor, materials, and equipment.
Landscaping Irrigation (Water, Electricity, Maintenance & Repair) — Includes the cost of water and electricity for irrigation systems, and maintenance and repair of irrigation systems.
Appurtenant Improvements or Services — Includes the cost of maintaining appurtenances.
REHABILITATION/RENOVATION FUNDING & CAPITAL EXPENDITURES:
Lighting Rehabilitation/Renovation Funding — Includes funds collected for future Lighting improvement rehabilitation/replacement projects.
Landscape Improvement Rehabilitation/Renovation Funding — Includes funds collected for future Landscaping improvement rehabilitation/renovation projects.
Planned Capital Expenditures — Includes funds used for Lighting and Landscaping improvement projects for the current Fiscal Year.
INCIDENTAL EXPENSES:
District Administration — May include all or a portion of the administrative and professional service costs associated with the coordination of District services and operations including response to public concerns and education and procedures associated with the levy and collection of assessments.
County Administration Fee — The cost to the District for the County to collect assessments on the property tax bills.
GENERAL BENEFIT EXPENSES:
Lighting General Benefit – City Funded — The cost to fund the general benefit portion of the lighting improvements, which is not assessed.
Landscaping General Benefit – City Funded — The cost to fund the general benefit portion of the landscaping improvements, which is not assessed.
LEVY ADJUSTMENTS:
Reserve Fund Collection/(Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund. This Reserve Fund provides for the collection of funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through December 10th or when the County typically provides the City with the first installment of assessments collected from the property tax bills (typically January or February). Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy.
Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the Fiscal Year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Revenue from Other Sources – Includes a credit for District interest earnings.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 24 of 31 General Fund Loan Repayment/(Advances) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection/ (Contribution) line item, this item directly impacts the Reserve Fund Balances either positively or negatively.
Repayments are shown as a positive number and represent additional money being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses.
To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount is still outstanding. A loan for the current fiscal year (Contribution) is shown as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures.
Balance to Levy — This is the total amount to be levied and collected through assessments for the current Fiscal Year.
DISTRICT STATISTICS:
Total Parcels — The total number of parcels within the District.
Total Parcels Levied — The total number of parcels within the District that are assessed.
Total Assessed Acreage — The total acreage of parcels within the District that are assessed.
Total Equivalent Benefit Units (EBUs) — The typical single-family residential parcel is assigned one (1.0) Equivalent Benefit Unit. Every other land-use or property type is assigned EBUs based on an assessment formula that equates the property’s specific development status, type of development (land-use), and size, to a typical single-family residential parcel.
Applied Levy per EBU — This amount represents the assessment rate being applied to each EBU. The Levy per EBU is the result of dividing the total Balance to Levy, by the sum of the Total Equivalent Benefit Units to be assessed.
Maximum Levy per EBU — This amount represents the Maximum assessment rate being applied to each EBU. The Maximum Levy per EBU is the result of a 3.5% annual inflationary adjustment.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 25 of 31 C. DISTRICT BUDGET
The following budget for the District and Zones is based on an estimate of the expenses necessary for the ongoing operation, maintenance and servicing of the District improvements for Fiscal Year 2025/2026.
100% Personnel Cost
Lotus Ranch
District
Lotus Ranch
District Total Budget
Zone A Zone B
Subdivided
Phases
Un-Subdivided
Phases
Fiscal Year
2025/2026
DIRECT ANNUAL MAINTENANCE & OPERATING EXPENSES
Annual Lighting Maintenance and Operation Expenses $0 $0 $0 Landscape & Park Maintenance $4,620 $0 $4,620
Tree Maintenance 0 0 0
Landscape Irrigation (Water, Electricity, Maintenance & Repair) 0 0 0 Appurtenant Improvements on Services 0 0 0
Total Annual Landscaping Maintenance and Operation Expenses $4,620 $0 $4,620 Total Direct Annual Maintenance & Operating Expenses $4,620 $0 $4,620
REHABILITATION/RENOVATION FUNDING & CAPITAL EXPENDITURES Lighting Rehab/Renovation Funding $0 $0 $0
Landscape Improvement Rehab/Renovation Funding 0 0 0
Planned Capital Expenditure 0 0 0
Total Rehabilitation/Renovation Funding & Capital Expenditures $0 $0 $0
INCIDENTAL EXPENSES
District Administration $6,932 $0 $6,932
County Administration Fee 29 0 29
Total Incidental Expenses $6,961 $0 $6,961
Total Annual Expenses $11,581 $0 $11,581
GENERAL BENEFIT EXPENSES
Lighting General Benefit - City Funded $0 $0 $0
Landscaping General Benefit - City Funded (670) 0 (670) Total General Benefit - City Funded ($670) $0 ($670)
Total Direct Annual Special Benefit Expenses $10,911 $0 $10,911
LEVY ADJUSTMENTS
Reserve Fund Collection/(Transfer) $5,241 $0 $5,241
Revenue from Other Sources 0 0 0
General Fund Loan Repayment/(Advances) 0 0 0
Total Levy Adjustments $5,241 $0 $5,241
BALANCE TO LEVY * $16,152 $0 $16,152
DISTRICT STATISTICS
Total Parcels 44 5 49
Assessed Parcels 44 0 44
Total Equivalent Benefit Units (EBUs) 44.00 544.60 588.60 Applied Levy per EBU $367.08 $0.00
Maximum Levy per EBU $591.27 $591.27
FUND BALANCE
Beginning Projected Reserve Balance 07/01/2025 $215 $0 $215 Collection/(Transfer) 5,241 0 5,241
General Fund Loan Repayment/(Advances) 0 0 0
Ending Projected Reserve Balance 06/30/2026 $5,456 $0 $5,456
BUDGET ITEMS
2025/2026 Lotus Ranch Landscaping and Lighting District Page 26 of 31 50% Personnel Cost
Lotus Ranch
District
Lotus Ranch
District Total Budget
Zone A Zone B
Subdivided
Phases
Un-Subdivided
Phases
Fiscal Year
2025/2026
DIRECT ANNUAL MAINTENANCE & OPERATING EXPENSES
Annual Lighting Maintenance and Operation Expenses $0 $0 $0 Landscape & Park Maintenance $4,620 $0 $4,620
Tree Maintenance 0 0 0
Landscape Irrigation (Water, Electricity, Maintenance & Repair) 0 0 0 Appurtenant Improvements on Services 0 0 0
Total Annual Landscaping Maintenance and Operation Expenses $4,620 $0 $4,620 Total Direct Annual Maintenance & Operating Expenses $4,620 $0 $4,620
REHABILITATION/RENOVATION FUNDING & CAPITAL EXPENDITURES Lighting Rehab/Renovation Funding $0 $0 $0
Landscape Improvement Rehab/Renovation Funding 0 0 0
Planned Capital Expenditure 0 0 0
Total Rehabilitation/Renovation Funding & Capital Expenditures $0 $0 $0
INCIDENTAL EXPENSES
District Administration $5,202 $0 $5,202
County Administration Fee 29 0 29
Total Incidental Expenses $5,231 $0 $5,231
Total Annual Expenses $9,851 $0 $9,851
GENERAL BENEFIT EXPENSES
Lighting General Benefit - City Funded $0 $0 $0
Landscaping General Benefit - City Funded (670) 0 (670) Total General Benefit - City Funded ($670) $0 ($670)
Total Direct Annual Special Benefit Expenses $9,181 $0 $9,181
LEVY ADJUSTMENTS
Reserve Fund Collection/(Transfer) $4,376 $0 $4,376
Revenue from Other Sources 0 0 0
General Fund Loan Repayment/(Advances) 0 0 0
Total Levy Adjustments $4,376 $0 $4,376
BALANCE TO LEVY * $13,557 $0 $13,557
DISTRICT STATISTICS
Total Parcels 44 5 49
Assessed Parcels 44 0 44
Total Equivalent Benefit Units (EBUs) 44.00 544.60 588.60 Applied Levy per EBU $308.10 $0.00
Maximum Levy per EBU $591.27 $591.27
FUND BALANCE
Beginning Projected Reserve Balance 07/01/2025 $215 $0 $215 Collection/(Transfer) 4,376 0 4,376
General Fund Loan Repayment/(Advances) 0 0 0
Ending Projected Reserve Balance 06/30/2026 $4,591 $0 $4,591
BUDGET ITEMS
2025/2026 Lotus Ranch Landscaping and Lighting District Page 27 of 31 D. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. The Brown Act defines the terms "new or increased assessment" to exclude certain conditions. These certain conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." Recognizing that the cost of maintaining the improvements will increase over time due to inflation, the initial maximum assessment rates established at the time of formation of the District (Fiscal Year 2019/2020) for Zone A and Zone B, included a fixed 3.5% annual inflationary adjustment (Assessment Range Formula). This 3.5% annual adjustment provides for reasonable increases and inflationary adjustment to the initial maximum assessment rates approved by the property owners.
The Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each Fiscal Year, nor does it absolutely restrict the assessments to the adjustment maximum assessment amount. Although the maximum assessment rates that may be levied shall be adjusted (inflated) by 3.5% each year, the actual amount to be assessed will be based on the Balance to Levy for that Fiscal Year.
If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection. If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that Fiscal Year, then the assessment would be considered an increased assessment and would require property owner approval through a protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the maximum assessment rate authorized for that Fiscal Year.
The Assessment Range Formula (3.5% annual adjustment) shall be applied to the maximum assessment rates for Zone A and Zone B, each Fiscal Year unless the City Council formally suspends its application.
Zone
FY 2024/2025
Maximum
Assessment Rate
Annual
Percent (%)
Increase
FY 2025/2026
Maximum
Assessment Rate
Zone A $571.28 3.50% $591.27
Zone B $571.28 3.50% $591.27
2025/2026 Lotus Ranch Landscaping and Lighting District Page 28 of 31 The following shows the maximum assessment rate for each Fiscal Year since the formation of this District.
E. CAPITAL IMPROVEMENT PLANS
There are no projects planned in the District at this time.
Fiscal Year Maximum
Assessment Rate
2019/20 $481.00
2020/21 $497.84
2021/22 $515.26
2022/23 $533.29
2023/24 $551.96
2024/25 $571.28
2025/26 $591.27
2025/2026 Lotus Ranch Landscaping and Lighting District Page 29 of 31 V. DISTRICT DIAGRAMS
The lots and parcels of land within the Lotus Ranch Landscaping and Lighting District consist of the lots and parcels within the planned multi-phase residential development area identified in the Lotus Ranch Development located within the City of El Centro, south of Interstate 8 Freeway (Kumeyaay Highway), west of La Brucherie Road, and generally north of Manuel Ortiz Avenue and east of the Lotus Canal and Austin Road.
The District Diagrams provided on the following pages provide a visual depiction of the boundaries of the District and provide a visual depiction of the location and extent of the improvements to be maintained. The combination of these Diagrams and the Assessment Roll contained in Part VI of this Report constitutes the Assessment Diagram for this District and encompasses all the lots, parcels and subdivisions of land that receive or will receive a special benefit from the improvements to be provided in the District at the time this Report was prepared.
Reference is hereby made to the Imperial County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each parcel within the Lotus Ranch Landscaping and Lighting District including all subsequent subdivisions, lot-line adjustments, or parcel changes therein.
2025/2026 Lotus Ranch Landscaping and Lighting District Page 30 of 32 District Diagram - Planned Development (Phases)
2025/2026 Lotus Ranch Landscaping and Lighting District Page 31 of 32 District Diagram - Planned Improvements and Development
2025/2026 Lotus Ranch Landscaping and Lighting District Page 32 of 32 VI. 2025/2026 ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District represents the parcels as shown on the Imperial County Secured Roll and reflective of the Assessor’s Parcel Maps.
A listing of the current parcels to be assessed within this District along with the assessment amounts is provided on the following page.
APN Situs Address Land Use EBU Max Assessment Charge
052-801-001-000 2214 CHAPARRAL DR SFR 1.00 $597.27
052-801-002-000 2226 CHAPARRAL DR SFR 1.00 597.27
052-801-003-000 2242 CHAPARRAL DR SFR 1.00 597.27
052-801-004-000 2258 CHAPARRAL DR SFR 1.00 597.27
052-801-005-000 2280 CHAPARRAL DR SFR 1.00 597.27
052-801-006-000 2287 CHAPARRAL DR SFR 1.00 597.27
052-801-007-000 2263 CHAPARRAL DR SFR 1.00 597.27
052-801-008-000 2257 CHAPARRAL DR SFR 1.00 597.27
052-801-009-000 2243 CHAPARRAL DR SFR 1.00 597.27
052-801-010-000 2203 CHAPARRAL DR SFR 1.00 597.27
052-802-001-000 2085 CHAPARRAL DR SFR 1.00 597.27
052-802-002-000 2067 CHAPARRAL DR SFR 1.00 597.27
052-802-003-000 2041 CHAPARRAL DR SFR 1.00 597.27
052-802-004-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-005-000 2025 CHAPARRAL DR SFR 1.00 597.27
052-802-006-000 2013 CHAPARRAL DR SFR 1.00 597.27
052-802-007-000 2010 CHAPARRAL DR SFR 1.00 597.27
052-802-008-000 2024 CHAPARRAL DR SFR 1.00 597.27
052-802-009-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-010-000 2072 CHAPARRAL DR SFR 1.00 597.27
052-802-011-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-012-000 2094 CHAPARRAL DR SFR 1.00 597.27
052-801-011-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-012-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-013-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-014-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-015-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-016-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-017-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-018-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-019-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-801-020-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-013-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-014-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-015-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-016-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-017-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-018-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-019-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-020-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-021-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-022-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-023-000 NO SITUS AVAILABLE SFR 1.00 597.27
052-802-024-000 NO SITUS AVAILABLE SFR 1.00 597.27
Total $26,279.96 TBD
Total Parcels 44
City of El Centro
Lotus Ranch Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2025/26
Willdan Financial Services Page 1 of 1
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-138)
Item: 15.
Meeting: 5/6/2025 4:00 PM
Department: Finance
Category: Resolution
Prepared by: Elizabeth Fuchen, Interim
Finance Director
Department Head:
DOC ID: 2025-138
Adopt Resolution No. 25- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED TO LOTUS RANCH LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2025-2026.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 25- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED TO LOTUS RANCH LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2025-2026.
FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Financial & Governance Stability & Sustainability
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
BACKGROUND:
On an annual basis, Lotus Ranch Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed.
DISCUSSION:
CONCLUSION:
Staff recommends Adopting Resolution No. 25- , Resolution of The City Council of The City of El Centro declaring its intention to Levy and Collect annual assessments related to Lotus Ranch Landscaping and Lighting District for Fiscal Year 2025-2026.
ATTACHMENTS:
1. Intention Levy - Lotus Ranch
04/2025/cdz/A25-0058/Reso/LotusRanchLLDIntentiontoLevy 1 RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO DECLARING ITS INTENTION TO LEVY AND
COLLECT ANNUAL ASSESSMENTS RELATED TO THE EL
CENTRO LOTUS RANCH LANDSCAPING AND LIGHTING
DISTRICT FOR FISCAL YEAR 2025-2026
WHEREAS, the City Council of the City of El Centro, California (the “City Council”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”) and by previous resolution, initiated proceedings for the Lotus Ranch Landscaping and Lighting District (the “District”) to levy and collect annual assessments to pay for the operation, maintenance and servicing of landscaping, lighting and all appurtenant facilities related thereto for Fiscal Year 2025- 2026; and
WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the cost and expenses related to the improvements described in section 2 of this resolution; and
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk for the City of El Centro, California (the “City”) a report in connection with the District and levy of assessments for Fiscal Year 2025-2026 (beginning July 1, 2025 and ending June 30, 2026) in accordance with Chapter 1, Article 4 of the Act, and the Council did, by previous resolution, preliminarily approve the report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY BE RESOLVE AS FOLLOWS:
1. That the above recitals are true and correct.
2. That the City Council hereby declares that it is its intention to seek the annual levy of the District in accordance with Chapter 3, Section 22624 over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2025-2026. The territory included within the District is generally described in section 3 of this resolution and is designated as Lotus Ranch Landscaping and Lighting District.
3. That the boundaries of the District are located on east of State Highway 86 (Imperial Avenue), west of 8th Street, north of Bradshaw Avenue and generally south of Treshill.
4. That the landscaping improvements may include, but are not limited to all landscaping material and facilities within the District. These improvements include turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, and associated
04/2025/cdz/A25-0058/Reso/LotusRanchLLDIntentiontoLevy 2 appurtenant facilities located within the streetscape (and perimeter landscaping) surrounding the developments. The street lighting improvements may include but are not limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities. For specific improvements reference Fiscal Year 2025-2026 engineer’s report.
5. That the proposed assessments for the District are outlined in the engineer’s annual levy report. The report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in section 4 of this resolution and by reference said report is made part of this resolution.
6. That the District and the associated assessments as outlined in the engineer’s report are in compliance with the provisions of California Constitution Article XIIID.
7. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of assessments for the improvements related thereto in accordance with Chapter 3, Section 22626 of the Act.
8. That the notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 3, 2025 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 1275 Main Street, El Centro, California.
9. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices.
10. That any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2025.
CITY OF EL CENTRO
By: ____________________________
Sonia Carter, Mayor
04/2025/cdz/A25-0058/Reso/LotusRanchLLDIntentiontoLevy 3 ATTEST:
By: ___________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:___________________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 25- 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 , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ___________________________
Norma Wyles, City Clerk
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-149)
Item: 16.
Meeting: 5/6/2025 4:00 PM
Department: City Manager
Category: Action Item
Prepared by: Dulce Bedolla, Human
Resource Director
Department Head: Daniel Paramo
DOC ID: 2025-149
Agreement for Consultant Services with Patrick Clark Consulting.
CITY MANAGER'S RECOMMENDATION:
Approve the agreement for consultant services between the City of El Centro and Patrick Clark Consulting.
FISCAL IMPACT:
The consultant rate has increased from $225 to $250 per hour.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Financial & Governance Stability & Sustainability
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
BACKGROUND:
Patrick Clark has been the City's lead negotiator since 2021.
DISCUSSION:
This agreement is made between the City of El Centro and Patrick Clark Consulting.
CONCLUSION:
Approve the agreement for consultant services between the City of El Centro and Patrick Clark Consulting.
ATTACHMENTS:
1. EC - Patrick Clark agreement 2025 FINAL
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF EL CENTRO
AND
PATRICK CLARK CONSULTING
This Agreement (“Agreement”) is made between the City of El Centro (“CLIENT”) and Patrick Clark Consulting, a sole proprietorship (“CONSULTANT”).
AGREEMENT
1. TERM – This Agreement will become effective on the date by which both parties have signed the Agreement (“Effective Date”) and will continue in full force and effect until terminated in accordance with Section 15, except to the extent renewed or extended in accordance with Section 16. All days set out are calendar days, unless otherwise specified.
2. SERVICES –
a. Services Provided – CONSULTANT shall provide labor relations consulting services in accordance with Attachment A, which is incorporated into this Agreement by this reference, but only to the extent Attachment A services are strictly limited by and interpreted in accordance with Section 2.b. of this Agreement; reasonably accomplishable, either by the date of termination, which date shall be established in accordance with Section 15, or any later date established in accordance with Section 16; and otherwise consistent with this Agreement. These services, as thus defined and limited, shall be collectively known as “CONSULTANT Services.” b. Services NOT PROVIDED: Complementary/Sub-Specialist and Licensed Professional Services – CONSULTANT Services shall be strictly limited and interpreted to exclude any work that might be construed to require any complementary or sub-specialization or professional license. CLIENT understands that CONSULTANT hires no employees or sub-contractors to provide complementary/sub-specialist or licensed professional services, directly or indirectly for the benefit of CLIENT, and possesses no complementary/sub-specialist expertise or professional licensure himself. Therefore, both parties agree that:
i. CONSULTANT shall provide no complementary/sub-specialist or licensed professional services, directly or indirectly to CLIENT, pursuant to this Agreement or otherwise;
ii. Excluded complementary/sub-specialist and licensed professional services include, but are not necessarily limited to, services properly performed instead by an attorney, accountant, actuary, banker, insurance agent/broker/company, investment banker, investment advisor, mortgage banker/broker, security broker/dealer, structured settlement broker, or expert in compensation studies. iii. CLIENT shall not construe or rely upon any CONSULTANT Services, or any analysis, advice, or services in fact provided by CONSULTANT, pursuant to this Agreement or otherwise, as complementary/sub-specialist or licensed professional services;
iv. Although CONSULTANT might periodically recommend CLIENT hire various complementary/sub-specialists or licensed professionals, CLIENT shall
be required to and shall be solely responsible for determining if and when CLIENT reasonably requires complementary/sub-specialists or licensed professionals, for any purpose, including any contemplated by or reasonably required to accomplish the purposes of Section 2.a. or Attachment A; and v. CLIENT shall be solely responsible for directly selecting, vetting, employing, or contracting with, and supervising any necessary or desired complementary/sub-specialists and licensed professionals, including but not limited to any contemplated by or reasonably required to accomplish the purposes of Section 2.a. or Attachment A. Such complementary/sub-specialists and licensed professionals shall include, but not necessarily be limited to:
a) Legal counsel, for all CLIENT’s legal advice, legal analysis, and legal services, including, but not necessarily limited to final drafting, reviewing, approving, and assuring legal adequacy of all language and content of all Memorandums of Understanding (MOUs), prior to MOU adoption by CLIENT’s City Council.
b) Actuaries, for all CLIENT’s actuarial needs, including, but not necessarily limited to any actuarial analysis needed to sufficiently consider and develop desired proposals, counter-proposals, strategies, and human resources and labor relations documents as are necessary to negotiations, for example as may be required for consideration and analysis of employee and retiree benefits options’ viability, cost, pros and cons, and risks;
c) Accountants, for CLIENT’s accountancy needs, including, but not necessarily limited to tax counseling related to the language and content of all Memorandums of Understanding (MOUs), prior to MOU adoption by CLIENT’s City Council;
d) Appropriate financial, investment and insurance professionals, for all other financial advice and services including, but not necessarily limited to advice and services related to the availability of funds or specified rate of return or interest; the expected performance, fluctuation in or future market value of investments or securities; potential sales, earnings, profitability or economic value; securing financing; and the preparation of pro-forma statements, such as those which are the basis of and/or are used with third parties for the purpose of securing capital through debt, equity creditor or other means;
e) Compensation study experts, for all CLIENT’s necessary or desired compensation studies helpful in forming appropriate bargaining proposals related to compensation; and
f) Any and all other complementary/sub-specialists or licensed professionals, needed or desired, for any and all other analysis, advice, or services, requiring such complementary/sub-specialization or professional licensure, which are reasonably required in order to accomplish any CLIENT purpose, including the purposes of Section 2.a and Attachment A
3. ABILITY TO PERFORM – CONSULTANT agrees and represents that it has the availability, ability, and expertise to perform CONSULTANT Services.
4. DISCLAIMER OF GUARANTEE – CONSULTANT shall perform CONSULTANT Services in a manner consistent with the level of due diligence normally observed by a person of CONSULTANT’s qualifications, offering CONSULTANT Services, as defined by Section 2, Attachment A, and this Agreement generally. However, nothing in this Agreement and nothing in CONSULTANT’s statements to CLIENT should be construed as a promise or guarantee about outcomes, completion time, or total fees.
CONSULTANT makes no such promises or guarantees. CONSULTANT’s comments about such topics are expressions of opinion only. Actual outcomes, time required and fees due (other than hourly rate and other billing policies specified in Section 7 and Attachment B) may vary from any estimates given.
5. DIRECTION & EXECUTION –
a. Direction: To the extent consistent with Section 6 and the rest of this Agreement, CONSULTANT shall take direction from, and be monitored by CLIENT’s City Manager, and/or a duly authorized designee, except as otherwise specified in this Agreement.
b. Execution: CONSULTANT shall assign Patrick Clark to have overall responsibility for the progress and execution of CONSULTANT’s obligations under this Agreement. Any change in this assignment may be cause for termination of this Agreement by CLIENT, in accordance with Section 15.
6. ENTITY AS CLIENT – CLIENT is the client, and the only client, under this Agreement.
Therefore, CONSULTANT’s duty under this Agreement is to the CLIENT itself, as represented by its duly elected legislative body, when acting in accordance with all applicable laws. Accordingly, and notwithstanding Section 5, or any other provision of this Agreement, CONSULTANT:
a. Adopts no separate duty by this Agreement to any individual or entity working with or for CLIENT;
b. Shall only take direction from any individual or entity working with or for CLIENT to the extent CONSULTANT finds it consistent with CONSULTANT’s duty to CLIENT pursuant to this agreement; and
c. Shall be permitted to consult with CLIENT’s legislative body, as CONSULTANT deems necessary, and in the manner and to the extent permitted by California law, to properly execute CONSULTANT’s obligations to CLIENT under this Agreement.
7. COMPENSATION –
a. Compensation Rates, Definitions, and Policies – Compensation rates, definitions and policies are as set forth in Attachment B, and incorporated into this Agreement by this reference.
b. Method of Billing and Payment – At or near the end of each calendar month, CONSULTANT shall submit to CLIENT an invoice for CONSULTANT’s Time Worked, and, at CONSULTANT’s discretion, Billable Expenses, incurred during that calendar month, in accordance with the compensation rates, definitions and policies described in Attachment B. CLIENT shall pay each invoice in full within 30 days of its receipt.
8. INSURANCE – CONSULTANT, at CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the Agreement, insurance policies and endorsements of the type described below.
a. Coverage Required –
i. Business General Liability Insurance Policy – $1,000,000.00 per claim and $2,000,000.00 general aggregate;
ii. Auto Liability Insurance Policy – $1,000,000.00;
iii. Errors and Omissions Insurance Policy – $1,000,000.00; and iv. Workers Compensation Insurance Policy, if/when applicable – Currently CONSULTANT has no employees and is not planning to hire any employees. Therefore, currently CONSULTANT maintains no workers compensation insurance. However, if CONSULTANT hires employees in the future, at that time CONSULTANT shall obtain workers compensation insurance and maintain it for so long as CONSULTANT retains such employees.
b. Endorsements – Within a reasonable amount of time after the later of the following two dates, if those dates differ: i) the Effective Date of this Agreement, stated in Section 1; and ii) the date by which all parties have signed this Agreement, CONSULTANT shall ensure that CONSULTANT’s business general liability and auto liability insurance policies, referenced in Sections 8.a.i-ii, name CLIENT and related parties as additional insured(s), as follows: “City of El Centro and its officers, employees, agents, and volunteers.”
c. Evidence of Coverage –
i. As soon as practicable upon securing the endorsements required by Section
8.b., CONSULTANT shall ensure that (a) certificates of insurance indicating evidence of the endorsements required by Section 8.b are delivered to CLIENT; and, (b) within a reasonable period of time after a copy of any particular policy required by Section 8.a is requested by CLIENT in writing, that requested copy is delivered to CLIENT.
ii. Thereafter, at reasonable intervals, in order to assure that required insurance coverage has not lapsed, with a reasonable period of time after written request by CLIENT (a) CONSULTANT shall ensure CLIENT is provided with requested additional certificates of insurance, indicating evidence of the endorsements required by Section 8.b; and (b) CONSULTANT shall ensure CLIENT is provided with any requested copies of any particular policy required by Section 8.a, if the language in that policy may have changed since CLIENT’s last request.
d. Substitute Insurance – CONSULTANT agrees that if it fails to maintain insurance coverage of the type described under Section 8.a. and 8.b., for the duration of this Agreement, whether due to the required insurance lapsing, expiring, terminating, being suspended, or otherwise failing to be maintained, and then fails to reinstate such insurance within 8 business days of receiving written notice from CLIENT of CLIENT’s plan to exercise its rights under this Section 8.d., CLIENT may either (i) immediately terminate this Agreement, upon delivery of written notice; or (ii) take out the minimum insurance necessary to rectify the lapse and pay the premium(s) thereon, at CONSULTANT’s expense.
e. Self-Insured Retention or Deductible – CONSULTANT shall be responsible for all deductibles and self-insured retentions on CONSULTANT’s insurance policies, except when CLIENT makes a claim as an additional insured, in which case CLIENT shall be responsible.
f. Subcontractors – CONSULTANT subcontractors must also carry insurance policies of the type described in Section 8.a., but only to the extent and for the duration they directly perform CONSULTANT Services, as opposed to services performed for CONSULTANT and/or for the general operation of CONSULTANT’s business, including, but not limited to secretarial services, accountancy services and legal services to assist CONSULTANT in drafting and negotiating this Agreement, for example.
9. INDEPENDENT CONTRACTOR – Both parties agree that CONSULTANT shall perform CONSULTANT Services as an independent contractor, not as an employee of CLIENT. Accordingly, CONSULTANT shall retain the right to perform similar and different services for others during the term of this Agreement; shall determine the means, methods, timing, and manner of performing CONSULTANT Services, subject only to the requirements of the Agreement; and shall be the primary provider of the tools and supplies needed to perform CONSULTANT Services.
10. ASSIGNMENT AND SUBCONTRACTING – A substantial inducement to CLIENT for entering this Agreement is to avail itself of CONSULTANT’s unique combination of experience, reputation, and skill in delivering CONSULTANT Services. Therefore, CONSULTANT agrees to refrain from assigning this Agreement or subcontracting any portion of CONSULTANT Services to a third party, without prior written permission from CLIENT. However, nothing in this Section shall prohibit CONSULTANT, with or
without prior written permission from CLIENT, from hiring independent contractors or employees to provide support services for the general operation of CONSULTANT’s business, including, but not limited to secretarial services, accountant services, and legal counsel to assist CONSULTANT in drafting and negotiating this Agreement, for example.
11. COMPLIANCE WITH LAWS – CONSULTANT agrees to comply with all federal, state, county and local laws, ordinances, and regulations applicable to CONSULTANT, except as otherwise inconsistent with Section 2.b or any other provisions of this Agreement.
CONSULTANT’S obligation includes, but is not limited to, a) applying for any business license required by CLIENT for businesses working but not maintaining offices in CLIENT’s jurisdiction, and b) filing Forms 700. However, CONSULTANT shall be required to comply with a) and b), only if/when CLIENT notifies CONSULTANT in writing of any such requirements, each applicable year. CLIENT’s notification obligation, related to b), is consistent with FPPC policy, as indicated by its July 26, 2016 Informal Assistance letter, File No. I-16-062, stating, in part “The City must have a method in place to review current and future City contracts and identify those contracts ... For the contracts identified, the City has a responsibility to notify each contractor of the contractor’s obligation to file.”
12. CONFIDENTIALITY – All data, documents, discussions, and other information developed or received by CONSULTANT in performing CONSULTANT Services shall be deemed confidential (“Confidential Information”), except that which is either immaterial, shared in communications with representatives of CLIENT bargaining units, publicly available, generally known, and/or released by CLIENT to the public.
CONSULTANT shall not disclose Confidential Information, except as CONSULTANT reasonably and in good faith determines is either required by law, authorized by CLIENT, helpful in order either to perform CONSULTANT Services or to execute any other provision this Agreement, or is otherwise reasonable, as in the event of a dispute between CONSULTANT and CLIENT.
13. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY –
a. Ownership of Intellectual Property – CONSULTANT owns the copyright to any and all reports, documents and other written material provided by CONSULTANT to CLIENT in the performance of this Agreement (“Written Products”). Therefore, CLIENT shall not attempt to register copyright or resell any version of such Written Products. CONSULTANT may take, retain, disclose, reformulate, reuse, resell and register copyright versions of such Written Products from which any and all of CLIENT’s confidential information has been removed.
b. Licensing of Intellectual Property – This Agreement creates a nonexclusive and perpetual license for CLIENT to copy, use, modify, or reuse any and all Written Products, for direct use by CLIENT.
14. RECORDS AND INSPECTIONS – CONSULTANT shall maintain materially complete records with respect to CONSULTANT Services for a period of three years after the termination of this Agreement, digitized at CONSULTANT’s option. CLIENT shall have the right, at its own expense, to request, access, examine, and make copies such records, during normal business hours, pursuant to specific, reasonable date, time, and other relevant logistical arrangements made in advance with CONSULTANT.
15. TERMINATION OF AGREEMENT –
a. Elective Termination – Either party, CONSULTANT or CLIENT, may terminate this Agreement, either i) with 15 days advance written notice, with or without cause; or ii) immediately upon delivery of written notice, with cause, as defined by Section 8.d.i. or Section 5.b.
b. Requirements Upon Termination – In the event of termination, in accordance with Section 15.a., CLIENT shall compensate CONSULTANT for CONSULTANT’s Time Worked and any Billable Expenses incurred up to the date of termination, within thirty days of CONSULTANT’s delivery to CLIENT of both a final invoice and all significant work product generated prior to the date of termination but not yet provided to CLIENT, if any.
16. RENEWAL OR EXTENSION OF AGREEMENT – In the event a date of termination is established, in accordance with Section 15.a, this Agreement may be renewed or amended to extend beyond that date of termination only by written agreement of the parties, entered into either before or within 30 days after that date of termination. However, nothing in this Section, or in this Agreement generally, requires either party to renew or extend this Agreement or to enter into negotiations regarding the renewal or extension of this Agreement.
17. NO THIRD-PARTY BENEFICIARY – This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors, heirs and assigns, and no other person or entity may have or acquire any right by virtue of this Agreement.
18. NOTICE – Any notice required by Section 8, 15, or Attachment B of this Agreement shall be in writing and either delivered personally or sent by prepaid, first-class mail, to the applicable party’s physical address, provided below. Any other notice required by this Agreement may be emailed, to the applicable party’s email address, provided below.
Either party may change its addresses or phone number by notifying the other party in writing of the change. Any notice, request, or other communication between the parties, whether required by this Section or in voluntary compliance with it, shall be deemed communicated upon personal delivery, or within 72 hours from the time of mailing or emailing, if sent as provided in this Section.
If to CLIENT:
City of El Centro
Attn.: City Manager
1275 W. Main Street
El Centro, CA 92243
Tel: (760) 337-4540
If to CONSULTANT:
Patrick Clark Consulting
Attn.: Patrick Clark
3890 Stemmler Drive
Sacramento, CA 95834
Tel: (916) 838-2806
Email: [email protected]
19. ENTIRE AGREEMENT – This Agreement and all other agreements, exhibits, attachments, and schedules referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between the parties, pertaining to CLIENT hiring CONSULTANT to perform CONSULTANT Services, and supersedes all other prior or contemporaneous oral or written understandings and agreements of the parties pertaining thereto. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty, except those expressly set forth in this Agreement.
20. SEPARATE WRITINGS AND EXHIBITS – The following agreements, exhibits, attachments, schedules, or other separate writings, as executed contemporaneous herewith or as amended in the future in accordance with Section 21, constitute a part of this Agreement and are incorporated into this Agreement by this reference:
a. ATTACHMENT A – Scope of Work
b. ATTACHMENT B – Compensation Rates, Definitions and Policies c. Any additional exhibits, attachments, schedules, or other separate writings, added to this Agreement in the future, by amendment, in accordance with Section 20.
If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, attachment, schedule, or other incorporated writing, the provisions of this Agreement shall control.
21. AMENDMENTS – This Agreement and its attachments may be supplemented, amended, or modified only by a writing signed by both parties, except as allowed by Attachment B.
22. SEVERABILITY – If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
However, notwithstanding the foregoing, this clause shall not be applied so as to defeat
the primary purpose of the parties, which is CLIENT hiring CONSULTANT to perform CONSULTANT Services in exchange for compensation described in Section 7 and Attachment B.
23. JURISDICTION OF LAW; VENUE – The laws of the State of California shall govern the validity, construction, and effect of this Agreement, except to the extent said laws are superseded by, or in conflict with applicable federal laws and/or federal regulations. Any action to interpret or enforce this Agreement shall be brought and maintained exclusively in the Imperial County Superior Court, if Consultant is plaintiff, and in Sacramento County Superior Court, if Client is plaintiff.
24. CAPTIONS – The captions in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. WAIVER – No delay or omission to exercise any right, power, or remedy accruing to parties under this Agreement shall impair any right, power, or remedy of parties, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement (1) shall be effective unless it is in writing and signed by the party making the waiver; (2) shall be deemed to be a waiver of, or consent, to any other breach, failure of a condition, or right or remedy; or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.
26. AUTHORITY TO ENTER AGREEMENT – Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement on behalf of each respective party.
ATTACHMENT A – Scope of Work
ATTACHMENT B – Current Fee Schedule
CLIENT (City of El Centro) CONSULTANT (Patrick Clark Consulting) By:
___________________________ ______
Daniel Paramo Date
City Manager
By:
___________________________ 4/7/25
Patrick Clark Date
Consultant
ATTACHMENT A
SCOPE OF WORK
As limited by Section 2.a. of this Agreement; as otherwise consistent with this Agreement; and to the extent under the direction and supervision of CLIENT’s City Manager, and/or a duly authorized designee and in consultation with and with review and approval by CLIENT’s duly provided, appropriate, relevant, necessary, and desired complementary/sub-specialists and licensed professionals, including, but not necessarily limited, to those described in Section 2.b. of this Agreement, “CONSULTANT Services” to include:
1. Serve as the CLIENT’s Chief Labor Negotiator;
2. Allow CLIENT’s City Council the opportunity to create the guidelines and parameters for ensuing discussions with CLIENT’s recognized employee group(s);
3. Meet with CLIENT’s Negotiation Committee and City Council to ensure proper relations with CLIENT’s City Council and to assist in the formulation of CLIENT’s position(s) for forthcoming meetings with CLIENT’s recognized employee group(s);
4. Collaboratively develop guidelines, proposals, counter-proposals, strategies, and human resources and labor relations documents as are necessary to negotiations, specifically in cooperation with CLIENT’s duly provided complementary/sub-specialists and licensed professionals, needed, or desired for input, review, or approval, as described in Section 2.b. of this Agreement, including, but not necessarily limited to, CLIENT’s Negotiation Committee members and, without limitation, CLIENT’s City Council, as well as CLIENT’s legal counsel and actuary(ies), if/as necessary or desired.
5. Assist in developing tentative agreements and MOU provisions, as are reasonable and/or necessary to negotiations, specifically at the direction of CLIENT’s Negotiation Committee and CLIENT’s City Council, and with the cooperation, review and/or approval of any other appropriate, duly provided CLIENT complementary/sub-specialists and licensed professionals, as described in Section 2.b. of this Agreement, including, but not necessarily limited to CLIENT’S legal counsel, where CLIENT shall ensure that all tentative agreements and MOU provisions are subject to final review and approval by CLIENT’s legal counsel and any other necessary or desired Section 2.b. complementary/sub-specialists and licensed professionals, prior to MOU adoption by CLIENT’s City Council.
6. Serve as the CLIENT’s Chief Labor Negotiator in any impasse proceedings or unit determination disputes.
ATTACHMENT B
COMPENSATION RATES, DEFINITIONS, AND POLICIES
1. CONSULTANT Invoices: CONSULTANT invoices shall include brief descriptions of Time Worked, including dates and amount of time spent, and amounts for Time Worked at CONSULTANT’s Rate, and, at CONSULTANT’s discretion, amounts for Billable Expenses, if any, in accordance with the following definitions and related rates and policies.
2. Definitions:
a. “Time Worked”: Time Worked shall include both CONSULTANT’s time spent performing Consultant Services and CONSULTANT’s related drive time, including time spent driving between CLIENT’s location(s) and CONSULTANT’s office, home, or any other location.
b. “CONSULTANT’s Rate”: CONSULTANT’s Rate is $250.00 per hour, billable in increments of 15 minutes.
c. “Billable Expenses:” CONSULTANT’S actual, reasonable, documented expenses shall be considered “Billable Expenses,” and shall be reimbursed by CLIENT at cost, without mark-up, if and when billed by CONSULTANT.
3. Amendments to Attachment B: With 30 days advance written notice, CONSULTANT shall be entitled to unilaterally increase Consultant’s Rate, set herein, or otherwise amend this Attachment.
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-88)
Item: 17.
Meeting: 5/6/2025 4:00 PM
Department: Community Development
Category: Resolution
Prepared by: Angel Hernandez,
Community Development Director
Department Head: Angel Hernandez
DOC ID: 2025-88
Public hearing regarding a Summary Nuisance Abatement and Special Assessment to collect such costs for APN 052-270-002.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 25- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO, CALIFORNIA APPROVING THE STATEMENT OF COSTS FOR SUMMARY NUISANCE ABATEMENT FOR APN 052-270-002 (27 ACRES
UNIMPROVED) AND APPROVING THE RECORDING OF A SPECIAL ASSESSMENT, COLLECTION THEREON AND RELATED ACTIONS PURSUANT TO CHAPTER 18 OF THE CITY CODE.
FISCAL IMPACT:
If approved, the resolution would allow the City to recover costs related to summary nuisance abatement actions performed by the City.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
Not Applicable
BACKGROUND:
APN 052-270-002 is a 27-acre vacant parcel located between the future extensions of Orange Avenue and Hamilton Avenue, west of Haskell Drive (see Exhibit A – Location Map). Since May 1, 2024, the property has been subject to City Code Enforcement actions due to failure to register under the City’s Vacant Property Registration Ordinance and for the presence of overgrown vegetation and weeds.
City staff maintained communication with the property owner, Mr. Robert Williams, regarding the site’s condition. The overgrown vegetation was determined to be a nuisance and potential fire hazard. Verbal communications occurred on May 14, July 15, and September 18, 2024. Mr. Williams also voiced opposition to abatement efforts during public comment at the July 16, 2024, City Council meeting. Additionally, four Administrative citations were issued starting July 9, 2024.
DISCUSSION:
Joint inspections by the Assistant Community Development Director/Building Official, Code Enforcement staff, and Fire Department staff were conducted on February 3 and 4, 2025.
The inspections confirmed that dried vegetation and proximity to residential structures created a significant fire risk, especially during seasonal high-wind events (Refer to Exhibit B - Photographs,Before Abatement). Due to the property owner's non-compliance with the notice to abate and the imminent risk, the City issued a summary abatement notice on February 13, 2025 (Exhibit C –Notice of Summary Abatement). Between February 18–23, 2025, Imperial Valley Scrap Masters, the City’s abatement contractor, cleared and disposed of vegetation within 100 feet of adjacent residences to the west and south (Exhibit D – Photographs, After abatement).
Pursuant to Sections 18-65 and 18-68 of the City Code, the City may recover abatement costs by recording a special property tax assessment following a hearing before the City Council. To do so, the City is required to prepare an itemized statement of costs incurred for the nuisance abatement and provide those to the property owner and City Council.
Notices of the hearing, which included the itemized statement of costs, were mailed to the property owner, published on April 12, 2025, April 13, 2025 and April 15, 2025 in the Imperial Valley Press, and posted on the property. The notice was also personally served to Mr. Williams on April 14, 2025. A copy of the notice is attached as Exhibit E.
CONCLUSION:
Adopt Resolution No. 25- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO, CALIFORNIA APPROVING THE STATEMENT OF COSTS FOR SUMMARY NUISANCE ABATEMENT FOR APN 052-270-002 (27 ACRES
UNIMPROVED) AND APPROVING THE RECORDING OF A SPECIAL ASSESSMENT, COLLECTION THEREON AND RELATED ACTIONS PURSUANT TO CHAPTER 18 OF THE CITY CODE.
ATTACHMENTS:
1. Exhibit A - Project Location
2. Exhibit B - Photographs (before abatement)
3. Exhibit C - Summary Abatement Notice
4. Exhibit D - Photographs (after abatement)
5. Exhibit E - Notice of Hearing and Itemized Statement of Costs
6. Exhibit F - Resolution
541 W Main St.—Piecekeeker Glass Shop
Site Photographs—Overgrown vegetation abutting residences
Memorandum ____________________________________________________________________ To: Joseph Bernal, Fire Chief
From: Eduardo Ainza, Battalion Chief
Date: 02/04/2025
Subject: Fire Hazard Assessment – Overgrown Vegetation Near Residential Structures
Overview:
The purpose of this report is to bring attention to a significant fire hazard posed by overgrown and dried vegetation in an undeveloped plot of land located on the west side of town, east of Austin Road, and extending to where Hamilton Avenue and Orange Avenue dead-end to the west. Given the density and expanse of the dried vegetation in this area, immediate action is recommended to mitigate the potential threat to adjacent residential structures.
Fire Hazard Assessment:
While it is understood that undeveloped land will naturally contain some level of overgrowth, the current conditions present an increased risk of fire. The combination of highly combustible dried vegetation and the proximity to residential structures poses a substantial safety concern. Should a fire ignite in this area, particularly during a wind event, there is a high probability of rapid fire spread, which could endanger homes and residents.
Potential Impact:
• Increased likelihood of fire ignition due to the presence of dry vegetation. • Rapid fire spread due to wind conditions common in the area. • High risk to adjacent residential properties and potential for structural damage. • Threat to public safety and increased resource demands on fire suppression resources.
ATTACHMENT A
Recommended Mitigation Measures:
To reduce the immediate fire hazard and protect the community, it is recommended that a substantial fire break be established between the residential structures and the vegetation.
This fire break should consist of cleared or well-maintained defensible space that limits the spread of fire and provides a buffer for fire suppression efforts. Additional actions could include:
• Regular maintenance and clearing of overgrown vegetation. • Coordination with local authorities and property owners to enforce vegetation management guidelines.
Conclusion:
The current state of vegetation in the identified undeveloped plot poses a clear fire hazard that must be addressed. Implementing a fire break and pursuing vegetation management strategies will significantly reduce the risk to nearby residents and structures.
ATTACHMENT A
541 W Main St.—Piecekeeker Glass Shop
Site Photographs— Site Conditions during and after weed removal
1 NOTICE
TO: Robert W. and Kjersti Williams - Trustees, Property Owners P.O. Box 1240
Boulevard, CA 91905
RE: YOUR PROPERTY - 052-270-002 (27 acres unimproved)
City of El Centro Itemized Statement of Costs for Summary Nuisance Abatement and Notice of Hearing to collect such costs by recording a special assessment against your property
NOTICE HEREBY IS GIVEN THAT ON May 6, 2025 at 6:00 p.m. or as soon thereafter as it may be heard in the El Centro City Council Chambers, 1275 Main St., El Centro, California, the City Council shall conduct a hearing on this itemized statement of costs and consider approval of the Notice of Special Assessment to collect such costs if not paid, as well as to hear any protests and objects to the itemized statement of costs or Notice of Special Assessment.
Commencing on or about February 18, 2025, and concluding on February 23, 2025, pursuant to the Notice to Abate served on you and attached, the City performed an abatement of the dry brush which created a fire hazard and public nuisance on your property. The cost of this abatement may be collected by placing a special assessment on your property so that the costs are collected along with real property taxes (See El Centro City Code Section 18-65.) Pursuant to El Centro City Code Section 18-65, the costs of nuisance abatement may be recovered from the owners of the property on which the abatement occurred. This itemized statement of costs is mailed to all those known to the code enforcement officer to be owners of the property at least 10 calendar days before the scheduled hearing.
The Property owner may protest by filing a written protest with the City Clerk before the date and time of the hearing. The City Council will review the itemized statement of costs and make corrections or revisions and shall confirm the itemized statement of cost by resolution. The action of the Council shall be final.
The statement of costs shall be included in a Notice of Special Assessment. The Notice then shall be recorded as a special assessment lien against the property to be collected with and in the same manner as real property taxes and subject to the same penalties for delinquency.
Alternatively, the lien may be foreclosed as allowed by law.
2 If you have additional questions, please contact Angel Hernandez, Community Development Director at (760) 337-3864.
DESCRIPTION COST
Code Enforcement Officer, Anna Garcia – 1 hour @ $53.87/hr. $53.87 Building Official, Frank Soto – 3 hours @ $99.21/hr. $297.63 Battalion Chief, Ainza – 1 hour @ $147.95/hr. $147.95
Fire Chief, Bernal - 1 hour @ $186.71/hr. $186.71
Community Development Director, Angel Hernandez - 1 hour @ $90.13/hr. $90.13 City Manager - 1 hour @ $115.39/hr. $115.39
City Attorney - 3 hours @ $175.00/hr. $525.00
Imperial Valley Scrap Masters, Inc. – Invoice (1) $14,500 Imperial Valley Press – Legal Notice Publication (10 Days) $3,490.44 TOTAL $19,407.12
04/2025/cdz/A25-0018/Reso/StatementofCosts
NuisanceAbatement 1
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO, CALIFORNIA APPROVING THE STATEMENT OF
COSTS FOR SUMMARY NUISANCE ABATEMENT FOR APN
052-270-002 (27 ACRES UNIMPROVED) AND APPROVING THE
RECORDING OF A SPECIAL ASSESSMENT, COLLECTION
THEREON AND RELATED ACTIONS PURSUANT TO CHAPTER
18 OF THE CITY CODE
WHEREAS, dry brush and uncontrolled plant growth, constituting an extreme fire hazard, on the 27-acre vacant property known as APN 052-270-002, as set out in the Notice of Summary Abatement attached as Exhibit "A," a copy of which is on file in the office of the City Clerk, was determined to require immediate summary abatement to protect health and safety of neighboring properties; and
WHEREAS, after notice to the property owner, such summary abatement was performed on or about February 17, 2025; and
WHEREAS, a written itemization of the cost of such abatement proceedings has been submitted as provided in City Code Section 18-65 and filed in the office of the City Clerk; and WHEREAS, as required by that City Code Section, a copy of the statement of costs along with notice of hearing and of the intention to record a special assessment against the property to recover such costs, if not paid, was served on the property owner at least ten (10) calendar days prior to the date set for hearing in the manner required by City Code Section 18-58 and Section 18-68; and
WHEREAS, proof of service has been made by declaration under penalty of perjury filed with the City Clerk pursuant to City Code Section 18-58 and Section 18-68; and WHEREAS, as of the date of this Resolution, such costs remain unpaid; this report; and account were duly set for hearing by the City Council on May 6, 2025; and WHEREAS, no persons appeared to protest the statement of costs and the statement of costs has been reviewed by the City Council and any revisions made.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES HEREBY RESOLVE THAT:
1. The recitals set out above are true and correct.
2. The City Council finds and determines that such summary abatement was necessary for public health and safety because the conditions on the property constituted a public nuisance.
3. The City Council further confirms the statement of costs as set out below; it is confirmed and such costs are assessed as a special assessment upon the property
04/2025/cdz/A25-0018/Reso/StatementofCosts
NuisanceAbatement 2
known as APN 052-270-002 as shown in the most recent equalized real property assessment roll of the County of Imperial. Such costs also shall constitute a personal obligation of the property owner.
4. The Community Development Director or his designee is directed to record the appropriate Notice of Special Assessment, serve such Notice on the property owner and, in the event such costs remain unpaid, thereafter to take the necessary steps to collect such costs either as special assessments or a lien against the property or as a personal obligation of the property owner as provided by City Code Section 18-68.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 6th day of May 2025.
CITY OF EL CENTRO
By: ____________________________
Sonia Carter, Mayor
ATTEST:
By: ___________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By:______________________________
Elizabeth L. Martyn, City Attorney
04/2025/cdz/A25-0018/Reso/StatementofCosts
NuisanceAbatement 3
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 25- 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 , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ______________________________
Norma Wyles, City Clerk
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-113)
Item: 18.
Meeting: 5/6/2025 4:00 PM
Department: Public Works
Category: Action Item
Prepared by: Catherine Gutierrez,
P.W. Analyst
Department Head: Abraham Campos
DOC ID: 2025-113
Amendment No. 1 to Aztec On-Call Task Order No. 3
CITY MANAGER'S RECOMMENDATION:
Authorize the City Manager to enter into Amendment No. 1 to Task Order No. 3 of Aztec's On-Call Agreement in the amount of $23,719 for Dogwood Road Alignment Study - Interstate to Ross Road and authorize the use of Measure D and budget request towards said task order.
FISCAL IMPACT:
No impact to the General Fund.
Project is funded from LTA Measure D funds.
FY'25 Budget Amendment Request:
$23,719 is requested from Measure D funds to proceed with the amendment to the task order for the Dogwood Road Alignment Study - Interstate to Ross Road. *Previous FY Request
FY'24 Budget Amendment Request:
$190,854 is requested from Measure D funds
Task Order No. 3 total cost is 214,573
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
Aztec Engineering, Inc. is currently under an On-Call contract.
BACKGROUND:
On August 4, 2020 City Council approved an agreement for on-call engineering services for Aztec Engineering, Inc through Resolution No. 20-68. The Resolution requires that Task Orders over $200,000 be approved by City Council. Further, the agenda report requires that contracts for on-call services be limited to $250,000 per fiscal year per consultant for any combination of task orders approved that fiscal year.
With the construction of the gas station at the South West corner of Dogwood and Ross Avenue, it became apparent the need for additional planning along the Dogwood corridor to facilitate future development, improve grant funding opportunities and work towards better traffic circulation.
This study focuses on Dogwood Road between Interstate 8 and Ross Avenue. It will result in a detailed concept plan that will produce the required property limits for properties fronting Dogwood Avenue, proposed roadways improvements, and identify utility conflicts and relocation requirements. This information will bring this section of roadway closer to shovel ready, improve grant funding opportunities and facilitate development of property in the area while working towards a pedestrian friendly connection between the north and south side of I-8.
On February 20, 2024 council meeting, council approved the budget amendment request in the amount of $190,854 to proceed with Aztec Engineering, Inc. on-call consultant task order for the Dogwood Road Alignment Study - Interstate to Ross Road.
DISCUSSION:
The Project consists of preparing a Preliminary Engineering Report, thirty percent (30%) conceptual design, and Right-of-Way documentation to assist the City when future development comes in along the corridor. Thirty percent (30%) conceptual plans were provided to multiple utility agencies, including the Imperial Irrigation District, which owns the power poles and canal adjacent to the corridor. To accommodate IID's request to maintain certain clearances for canal maintenance, as well as avoid a major power line relocation, it was determined that revisiting the corridor for a more cost-effective roadway cross-section would be best. A more detailed explanation is provided on Exhibit A of the proposed Task Order Amendment. The City requested a proposal from Aztec Engineering to provide the additional scope, in which Aztec Engineering provided the scope and costs for the additional services (Exhibit A of the proposed Task Order Amendment).
City Staff has reviewed the Task Order Amendment proposal and recommends approval to allow Aztec Engineering to move forward with the revised design and Preliminary Engineering Report.
CONCLUSION:
Authorize the City Manager to enter into Amendment No. 1 to Task Order No. 3 of Aztec's On-Call Agreement in the amount of $23,719 for Dogwood Road Alignment Study - Interstate to Ross Road and authorize the use of Measure D and budget request towards said task order.
ATTACHMENTS:
1. TASK ORDER #3_Redacted
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-30)
Item: 19.
Meeting: 5/6/2025 4:00 PM
Department: Community Services
Category: Action Item
Prepared by: Adriana Nava,
Community Services Director
Department Head: Adriana Nava
DOC ID: 2025-30
Authorization to go out to bid for Routine Janitorial Maintenance for Police Station and Recreation Facilities, as follows: El Centro Community Center, Adult Center, and Old Post Office Pavilion.
CITY MANAGER'S RECOMMENDATION:
Staff recommends that the City Council approve the Request For Proposals and authorize the Community Services Department and Police Department to proceed with the bidding process.
FISCAL IMPACT:
It is anticipated the services performed under this janitorial maintenance contract will be paid for out of the General Fund.
While the exact contract amount is unknown until bids are received, it is anticipated that the cost will be greater than in previous years due to the addition of the El Centro Police Station and the expanded scope of work at existing facilities. The current contract amount is $42,336 per year and does not include the Police Station.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Recreation & Lifelong Learning
City Beautification, Engagement & Civic Pride
Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
Due diligence will be conducted upon receipt of bids and prior to awarding the contract.
BACKGROUND:
The janitorial maintenance contract for the Community Center, Adult Center, and Old Post Office Pavilion has expired and is due for renewal. A local vendor, Work Training Center, has been providing services at these facilities, and a new contract is needed to ensure continuity of service.
In addition, the El Centro Police Department currently does not have a janitorial services contract in place. With the new Police Station currently under construction, it is important to begin planning for routine janitorial maintenance to support the facility upon its completion. Given the size and intended public use of the new building, establishing a contract in advance will help ensure a smooth transition once the facility becomes operational.
As it relates to the Police Station, the proposed contract will include janitorial services for all public-facing areas, such as restrooms, lobbies, and other spaces accessible to the public. Private areas, including employee offices, will continue to be maintained by City janitorial staff.
DISCUSSION:
Attached to this report are the bid documents, which include the detailed scope of work for each facility listed below. The bid encompasses routine janitorial services for the following City of El Centro facilities:
• El Centro Community Center
• El Centro Adult Center
• El Centro Old Post Office Pavilion
• El Centro Police Department
The bid package outlines the provision of general janitorial services, including all necessary labor, equipment, and contractor markup, as part of the base bid. The objective is to secure consistent, high-quality maintenance services that ensure these public facilities remain clean, safe, and welcoming for all users.
CONCLUSION:
Staff recommends that the City Council approve the Request For Proposals and authorize the Community Services Department and Police Department to proceed with the bidding process.
ATTACHMENTS:
1. RFP Janitorial Services 4.21.25
2. Exhibit E - Highlighted Cleaning Areas with Sq. Foot
3. Exhibit C - Insurance Requirments (1)
4. Levine Act Statement Updated 04.30.25
1 | P a g e
REQUEST FOR PROPOSALS
Routine Janitorial Maintenance for Police Station and
Recreation Facilities:
El Centro Community Center, Adult Center, and Old
Post Office Pavilion
RELEASE DATE:
Contact Information:
City of El Centro
Community Services Department
1249 W. Main Street
El Centro, CA 92243
Phone Number: (760) 337-4543
Adriana Nava, Community Services Director
DUE DATE:
2 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
CITY OF EL CENTRO
REQUEST FOR PROPOSALS FOR ROUTINE JANITORIAL MAINTENANCE FOR
POLICE STATION AND RECREATION FACILITIES
I. REQUEST FOR PROPOSAL
The City of El Centro (hereinafter called 'City') is seeking qualified janitorial and maintenance firms (hereinafter called 'Contractor') to submit a proposal to provide janitorial and maintenance for the future Police Station, Community Center, Adult Center, and Old Post Office Pavilion on a scheduled basis. The scope of the work, the content of the proposal, and the selection process are described in this 'Request for Proposal' (hereinafter called 'RFP'). The scope of work is described in detail in Exhibit 'A'. The City wishes to enter into an agreement with the successful Contractor as soon as the City approves an agreement.
It is important to note that the Police Station building is currently under construction and is anticipated to be completed in _____________ 2026. The City acknowledges that after a thorough review and walkthrough of the building, the pricing included in the scope of services may be subject to adjustments.
For your reference, the Police Station plans are attached.
Additionally, please be aware that the scope of work for the Police Station is limited to publicly accessible areas. Janitorial maintenance in staff-only areas will be performed by specialized personnel due to the sensitive nature of police operations.
II. BACKGROUND
The City of El Centro is located in Imperial County, approximately 10 miles north of the border with Mexico and 117 miles east of San Diego. The City of El Centro has a current population of 44,952 per the State’s Department of Finance. The City is a Charter City and operates under the council-manager form of government. The City is intersected by State Route 86, which is maintained by Caltrans, including its signal lights.
The City operates and maintains several key facilities, including the Community Center, Adult Center, Old Post Office Pavilion, and the Police Department. Regular janitorial maintenance is essential to ensure these spaces remain clean, well-maintained, and fully functional for both the public and our staff.
III. SCOPE OF SERVICES AND COSTS
The scope of work includes the routine custodial scheduled maintenance of the Community Center, Adult Center, Old Post Office Pavilion, and the Police Department as set out in Exhibit "A," attached and incorporated. The scope of work is limited to routine janitorial maintenance (such as washing, cleaning, dusting, and trash pickup) and does not include the repair, installation, construction, or demolition of public facilities. Exhibit A shall include the price for each item of the scope of work/overall daily/weekly/monthly.
The Contractor must be able to represent that it is skilled to perform the services and duties requested hereunder, and the City relies upon the skills and knowledge of the Contractor. The Contractor shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar services in the State of California.
3 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
All employees must be trained as licensed as required by the California Department of Industrial Relations.
TERM: The work would be for a term of two (2) years, with three (3) one (1) year term extensions at the same price which may be taken as determined by the City.
IV. TENTATIVE RFP DATES:
Below is the anticipated schedule for this project:
Schedule Date
Request for Proposal Posting/Mailing
Mandatory field visit
Written Question Deadline
Submittal Deadline
Tentative Interview (if necessary)
Tentative Final Selection/Negotiation
Tentative City Council Award
Tentative Contract Effective Date
V. SUBMITTAL GUIDELINES AND REQUESTED INFORMATION
Four (4) hard copies of the proposal shall be submitted in a sealed envelope with the caption Request For Proposals For Routine Janitorial Maintenance For Police Station and Recreation Facilities.
All proposals must be delivered by the deadline date to:
City of El Centro
Attention: Community Services Department
Adriana Nava, Director
1249 West Main Street
El Centro, CA 92243
In a separate envelope, submit a hard copy of the Fee Schedule.
Ensure it is delivered to the same address and by the same deadline in a sealed envelope clearly marked as:
Fee Proposal for Janitorial Maintenance for Police and
Recreation Facilities
Attn: Adriana Nava, Community Services Director
**All submitted documents are public documents, will become part of the City's official files, and will not be returned. **
All proposals shall be received by 5:00 PM, ______, 2025. Emails and facsimiles will not be accepted.
Inquiries regarding this Request for Proposals should be directed to Adriana Nava, Community Services Director at [email protected] prior to ______, 2025, by 5 PM.
The proposal will be used to evaluate the firm's capability. Therefore, it should be complete and accurate.
4 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
The proposal should include, at a minimum, the following information:
• A letter of introduction that summarizes the key points of the proposal and includes the name, address, and phone number of the person who is authorized to represent the firm. • Contractor and Organization: General Contractor information including number of employees, location of Contractor headquarters and branch offices, number of years in business and organization, disciplines, and staffing. Identify the branch office for this project and related experience in the area.
• Overall approach to providing maintenance services, including understanding of work, work plan, and Contractor capabilities.
• Equipment and Resources: Provide a listing of equipment and related resources that will be available to deliver the requested maintenance services. • List of the municipalities to which the firm has provided similar services, including date of service, scope, and contact information (name, position, and telephone number). • Resumes of key personnel who will be assigned to this project. • List of references.
The Contractor's proposed fee schedule for the work shall be submitted in a separate sealed envelope with the proposal marked "Proposed Fee Schedule." Fees quoted will apply to the term of the Agreement and any extension thereof.
VI. CONTRACTOR SELECTION
The City's Community Services Department and Police Department staff will evaluate the proposals.
The City may interview the top Contractors whose qualifications most closely match the requirements of this Request for Proposal and the needs of the City. Staff will rank the Contractors and submit their recommendations to the City Council. At a public meeting, the City Council will make the final decision and enter into an Agreement prepared by the City for the desired work. That Agreement will include a detailed scope of work and a payment for services scheduled based upon the proposal. The Contractor will be required to execute the Agreement in the form attached to this RFP as Exhibit "B".
All costs for preparing the proposals are the sole responsibility of the Contractor. The City reserves the right to reject any or all proposals, request additional information for clarification, accept or negotiate modifications to any proposal following the deadline for receipt of the proposal, and waive any irregularity if such serves the City's best interest.
VII. SELECTION CRITERIA
The City may use the following criteria in the selection of the Contractor. Total Points: 100
1. Understanding of Work- 25 points
2. Work Plan- 15 points
3. References from municipal contracts- 15 points
4. Capabilities of the Contractor and proposed staff- 25 points
5. Cost- 20 points
The City may require Contractors to participate in additional rounds of refining submittals prior to the ultimate selection. These rounds could encompass revisions to the submittal criteria. Fees will be reviewed and negotiated following the selection of the qualified firm.
5 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
EXHIBIT "A" - SCOPE OF WORK
MAINTENANCE SERVICES AND COSTS
Facility Restroom
Facility(s)
Scope Description
Price
Community
Center
Location:
375 S. First Street
Approximate
Square Footage
9,516 SQ
3 • Service the facility five (5) days per week
(Monday through Friday).
• Clean public restroom facilities (each with four
(4) stalls): sweep, mop, sanitize, and clean
mirrors and other fixtures.
• Sweep, mop, sanitize, and clean the mirrors and
other fixtures in the following areas:
o Rooms A & B
o Kitchen Area
o Main Office
o Director's Office
o Supervisor's Office
o All Activity Rooms
• Vacuum and dust all furniture.
• Clean windows (interior and exterior), window
sills, and the front counter window in the main
office.
• Remove all trash and replace with new trash
bags.
• Trash pickup daily from the front and back areas
of the facility.
• Trash pickup daily from the Splash Pad area.
• Trash pickup daily from the playground area.
• Clean and sanitize high-touch areas, including door
handles, light switches, and countertops.
• Restock toiletry supplies such as toilet paper, soap, and toilet liners
Annual Services:
• Two (2) wax applications and carpet cleaning.
Service is to be scheduled within (30) days of the
facility's service and six (6) months following the
start of the service.
(Note) The City will provide all toiletry items and
other necessary cleaning supplies for restocking.
17 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
Facility Restroom
Facility(s)
Scope Description
Price
Adult Center
Location:
385 S. First Street
Approximate
Square Footage
8,004 SQ
2 • Service the facility five (5) days per week
(Monday through Friday).
• Clean public restroom facilities (each with two
(2) stalls): sweep, mop, sanitize, and clean
mirrors and other fixtures.
• Sweep, mop, vacuum, sanitize, and clean the
mirrors, and other fixtures in the following
areas:
o Front Lobby Area
o Conference Room
o Coordinator Office
o Multipurpose Room
o Kitchen
• Vacuum and dust all furniture.
• Clean all windows (interior and exterior),
window sills, front doors, and windows around
the facility.
• Remove all trash and replace with new trash
bags.
• Trash pickup daily from the front and back areas
of the facility.
• Clean and sanitize high-touch areas, including door
handles, light switches, and countertops.
• Restock toiletry supplies such as toilet paper, soap, and toilet liners.
Annual Services:
• Two (2) wax applications and carpet cleaning.
Service is to be scheduled within (30) days of the
facility's service and six (6) months following the
start of the service.
• Carpet cleaning is to be performed annually.
Service is to be scheduled within thirty (30) days
of the start of the Agreement and six (6) months
following the start of service.
(Note) The City will provide all toiletry items and
other necessary cleaning supplies for restocking.
18 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
Facility Restroom
Facility(s)
Scope Description
Price
Old Post Office
Location:
230 S. 5th Street
Approximate
Square Footage
3,680 SQ
4 • Service the facility Three (3) days per week
(Mondays, Wednesdays, Fridays).
• Clean public restroom facilities (each with four
(4) stalls): sweep, mop, sanitize, and clean
mirrors and other fixtures.
• Sweep, mop, sanitize, and clean the mirrors and
other fixtures in the following areas:
o Lobby Area
o Multipurpose Room
o Stage
o Small Kitchen
o Activity Rooms
• Vacuum and dust all furniture.
• Clean front windows (interior and exterior),
window sills, and front doors.
• Remove all trash and replace with new trash
bags.
• Wipe and clean marble walls
• Trash pickup daily from the front and back areas
of the facility.
• Clean and sanitize high-touch areas, including door
handles, light switches, and countertops.
• Restock toiletry supplies such as toilet paper, soap, and toilet liners
(Note) The City will provide all toiletry items and
other necessary cleaning supplies for restocking.
19 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
Facility Restroom
Facility(s)
Scope Description
Price
Police
Department
(Future
Building)
Location:
1150 Main Street
Approximate
Square Footage of
Facility To be
determined.
Exhibit C depicts
the areas to be
cleaned.
19 • Service the facility Three (3) days per week
(Mondays, Wednesdays, Fridays).
• Clean public and employee restroom facilities:
sweep, mop, sanitize, clean mirrors, clean toilets
and/or urinals, and other fixtures.
• Sweep, mop, sanitize, clean mirrors, clean
tables, and other fixtures in the following areas:
o Lobby Area
o Conference Rooms
o Three Kitchens
o Gym
o Locker Room (including showers)
o Hallways
• Vacuum and dust all furniture.
• Clean front windows (interior and exterior),
window sills, and front doors.
• Clean exterior second story windows.
• Remove all trash from common areas and
replace with new trash bags.
• Wipe and clean walls.
• Trash pickup daily from the front and back areas
of the facility.
• Clean and sanitize high-touch areas, including door
handles, light switches, and countertops.
• Restock toiletry supplies such as toilet paper, soap, and toilet liners
Annual services
• Two (2) wax applications and carpet cleaning.
Service is to be scheduled within (30) days of the
facility's service and six (6) months following the
start of the service.
(Note) The City will provide all toiletry items and
other necessary cleaning supplies for restocking.
20 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
SCOPE OF WORK
GENERAL: The Contractor shall be experienced in cleaning police and recreation facilities, restrooms, and common areas. The Contractor shall also have expertise in trash removal practices and provide skilled uniformed workers with adequate equipment to perform the scope of services consistently throughout the year.
The work to be performed shall include all items listed in this scope of work, including:
• Report any and all suspicious or illegal activities in City facilities immediately to the Police Supervisor, Recreation Supervisor or their designee.
• Service the areas five (5) days a week (Monday through Friday), unless otherwise noted. • Daily cleaning of sinks, toilets, urinals, floors, restroom walls, and surrounding areas, including wet mopping and floor squeegeeing to ensure a non-slip surface and proper drying before public use.
• Daily dumping of trash cans and replacing trash bags. • Trash pickup daily in park areas, playground, and around trash cans. • Weekly power washing of sidewalks and entrance areas to maintain cleanliness and remove stains or gum.
• Clean and sanitize high-touch surfaces, including door handles, countertops, and light switches.
• Dust and clean furniture, fixtures, and accessible surfaces. • Restock paper items, soap, and other restroom sanitary items as needed. • Conduct quarterly deep cleaning services, including pressure washing designated surfaces and ensuring the facility's cleanliness meets standards set by the City.
The Contractor shall regularly inspect the area for graffiti or vandalism. If found, the on-site supervisor will contact the Police Supervisor, Recreation Supervisor or their designee to report such findings.
The Contractor must also dispose on days of scheduled maintenance, by whatever means appropriate, all debris and trash in and around dumpsters on site provided by the City for City jobs only. -END OF SCOPE OF WORKPage 256 of 320
21 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
EXHIBIT B
AGREEMENT BETWEEN THE CITY OF EL CENTRO AND
FOR JANITORIAL SERVICES FOR THE CITY POLICE AND RECREATIONAL FACILITIES THIS Agreement is made and entered into by the City of El Centro ("City") and, ("Contractor") to provide janitorial and maintenance services at the El Centro Community Center, Adult Center, Old Post Office, and the El Centro Police Department. The City and Contractor jointly may be referred to as the Parties.
RECITALS
The City wishes to retain the services of a professional firm to provide janitorial and maintenance as defined in this Agreement; and
In consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:
ARTICLE I
JANITORIAL AND MAINTENANCE
The above-listed recitals are true and correct and are hereby incorporated by reference.
1.1 Scope of Services.
The scope of the work includes the routine, custodial scheduled maintenance of police and recreation facilities, restroom, as set out in Exhibit "A," attached and incorporated. The scope of work is limited to routine janitorial maintenance (such as washing, cleaning, dusting, and trash pickup) and does not include the repair, installation, construction or demolition of public facilities. Exhibit A also should contain the cost for each item of the scope of work/overall daily/weekly/monthly cost. The work would be for a term of two (2) years with (3) three (1) one-year extensions at the same price.
The City wishes to enter into an agreement with the successful Contractor as soon as the City approves an agreement.
1.2 Task Administrator.
The Community Services Director is the task administrator for this Agreement. The Contractor shall provide the janitorial and maintenance services under the direction of a designated representative of the office of the Community Services Director. The City's designated representative will communicate with the Contractor on all matters related to the administration of this Agreement and the Contractor's performance of the janitorial and maintenance services rendered hereunder.
When this Agreement refers to communications to or with the City, those communications will be with the designated representative, unless the designated representative or the Agreement specifies otherwise.
1.3 City Modification of Scope of Services.
The City may, without invalidating this Agreement, order changes in any task by altering, adding to, or deducting from the janitorial and maintenance services to be performed. The City may
22 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
also add or remove facilities from the contract at any time. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Contractor's cost of, or the time required for, the performance of any of the janitorial and maintenance services, the Contractor shall so notify the City. If appropriate, an equitable adjustment to the Contractor's compensation and time for performance may be made, provided that any adjustment must be approved by both Parties in writing.
1.4 Written Authorization.
Prior to performing any janitorial and maintenance services in connection with the task, the Contractor shall obtain from the City a written authorization to proceed. The Contractor shall advise the City in writing immediately of any anticipated change in any task, Fee Schedule, or Time Schedule, and shall obtain the City's written consent to the change prior to making any changes. In no event shall the City's consent be construed to relieve the Contractor from its duty to render all janitorial and maintenance services in accordance with applicable laws and accepted industry standards.
1.5 Confidentiality of Services.
All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor with the City's prior written authorization. The Contractor, its officers, employees or agents shall not without prior written authorization from the City Manager or his designee, or as requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
Contractor promptly shall notify City should Contractor, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party regarding this Agreement and the work performed hereunder, unless the City is a party to any lawsuit, arbitration or administrative proceeding connected to such discovery, or unless Contractor is prohibited by law from information the City of such discovery. City retains the right, but has not obligation to represent Contractor and/or to be present at any deposition, hearing or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration or administrative proceeding and is averse to Contractor in such proceeding, Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discover requests provided by Contractor. However, City's right to review any such response does not imply to mean the City's right to control, direct or rewrite such response.
All janitorial and maintenance services performed by the Contractor, including but not limited to daily activity logs and incident reports, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Contractor, at the time that it was disclosed to the Contractor by the City, (b) subsequently becomes publicly known through no act or omission by the Contractor, or (c) otherwise becomes known to the Contractor other than through disclosure by the City.
23 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
ARTICLE II
DURATION OF AGREEMENT
2.0 Term of Agreement.
This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement, and shall terminate two (2) years after the effective date or upon termination pursuant to Section 2.6-2.9 of this Agreement. The parties may by mutual written consent extend the term of this Agreement upon the same terms and conditions as set out herein.
2.1 Schedule.
The Contractor shall perform its services daily, but may be adjusted depending on various circumstances. The Contractor shall provide services in accordance with the schedule approved by the City based on operating conditions, hours of service, and special circumstances. The City reserves the right to change assignment duties, schedules, and locations. The approved shift schedule shall take into consideration hours of service, varying ridership patterns (i.e., peak vs. off- peak, special events, and emergencies), regular occurrences as pertains to local vehicular traffic activity, and incidents that affect operations. Such changes will be communicated to the Contractor in a manner that provides the Contractor with a reasonable amount of time to implement the requested changes.
2.2 Notification of Delay.
The Contractor shall immediately notify the City in writing of any delay in the completion of the janitorial and maintenance services. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If the delay affects a material part of the task, the City may exercise its rights under Sections 2.5-2.9 of this Agreement.
2.3 Delay.
If delays in the performance of the janitorial and maintenance services are caused by unforeseen events beyond the reasonable control of Contractor, such delay shall entitle Contractor to an equitable adjustment of its time for performance, fee, or both. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Contractor's work; inability to obtain materials, equipment or labor; required additional janitorial and maintenance services; or other specific reasons agreed to between the City and the Contractor; provided, however, that (a) this provision shall not apply and the Contractor shall not be entitled to an extension of time for a delay caused by the acts or omissions of the Contractor; and, (b) that a delay caused by the inability to obtain personnel shall not entitle the Contractor to an extension of time unless the Contractor furnishes the City, in a timely manner, documentary proof, to the City's satisfaction, of the inability to obtain personnel.
2.4 City's Right to Suspend for Convenience.
The City may, at its sole option and for its convenience, suspend all or any portion of the Contractor's performance of the janitorial and maintenance services, for a reasonable period of time not to exceed six (6) months. In accordance with the provisions of this Agreement, the City will give
24 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
written notice to the Contractor of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Contractor a sum equivalent to the reasonable value of the janitorial and maintenance services the Contractor has performed up to the date of suspension as determined pursuant to Exhibit A. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Contractor. The City may then require the Contractor to resume performance of the janitorial and maintenance services in compliance with the terms and conditions of this Agreement; provided, however, that the Contractor shall be entitled to an extension of time equal to the length of the suspension, unless otherwise agreed to in writing by the Parties.
2.5 City's Right to Terminate for Convenience.
The City may, at its sole option and for its convenience, terminate all or any portion of the janitorial and maintenance services agreed to pursuant to this Agreement by giving written notice of such termination to the Contractor. Such notice shall be delivered by certified mail with return receipt for delivery to the City. The termination of the janitorial and maintenance services shall be effective upon receipt of the notice by the Contractor. For services rendered in completing the work, the Contractor shall be entitled to payment for the janitorial and maintenance services performed by the Contractor before the effective date of termination as determined pursuant to Exhibit A.
2.6 Contractor's Right to Terminate for Convenience.
The Contractor may, at its sole option and for its convenience, terminate all or any portion of the janitorial and maintenance services agreed to pursuant to this Agreement by giving written notice of such termination to the City. Such notice shall be delivered by certified mail with return receipt for delivery to the Contractor. The termination of the janitorial and maintenance services shall be effective upon receipt of the notice by the City. After termination of this Agreement, the Contractor shall complete any and all additional work necessary for the orderly filing of documents and closing of the Contractor's janitorial and maintenance services under this Agreement. For services rendered in completing the work, the Contractor shall be entitled to payment for the janitorial and maintenance services performed by the Contractor before the effective date of termination as determined pursuant to Exhibit A. By accepting payment for completion, the Contractor discharges the City of all of the City's payment obligations and liabilities under this Agreement.
2.7 City's Right to Terminate for Default.
If the Contractor substantially fails to perform or adequately perform any material obligation required by this Agreement, the Contractor's failure constitutes a default. If the Contractor fails to satisfactorily cure a default within ten (10) calendar days of receiving written notice from the City specifying the nature of the default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right of the Contractor, and any person claiming any rights by or through the Contractor under this Agreement. The rights and remedies of the City enumerated in Section 2.8 are cumulative and shall not limit, waive, or deny any of the City's rights under any other provision of this Agreement. Nor does this Section otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Contractor.
25 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
2.8 City's Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.
If the Contractor files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to or demand upon the Contractor, immediately cancel and/or terminate this Agreement, and terminate each and every right of the Contractor, and any person claiming any rights by or through the Contractor. The rights and remedies of the City enumerated in Section 2.9 are cumulative and shall not limit, waive, or deny any of the City's rights under any other provision of this Agreement. Nor does this Section otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Contractor.
2.9 Unsatisfactory Work
If, at any time during the contract term, the service performed or work done by Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of the members of the community, Contractor shall, on being notified by the City, immediately correct such deficient service or work. In the event Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of Contractor.
ARTICLE III
COMPENSATION
3.1 General.
The City shall pay the Contractor for all the janitorial and maintenance services and all expenses related to performance under this Agreement, in an amount as set forth in the Fee Schedule attached and incorporated as Exhibit B. The Contractor shall be entitled to compensation for the janitorial and maintenance services under this Agreement, whether within the scope of work or as Additional Services, based on the Fee Schedule. Costs and fees shall be valid for at least the first year services are provided to the City and may be adjusted no more than annually thereafter as with the consent of the City.
3.2 Availability of Funds.
It is expressly understood and agreed that the obligation of the City to proceed under this Agreement is conditioned upon the appropriation of funds. If the funds anticipated for the continuing fulfillment of the Agreement are, at any time, not forthcoming or insufficient, the City shall have the right upon ten (10) working days written notice to Contractor, to terminate this Agreement without damage, penalty, cost or expenses to the City of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.
3.3 Manner of Payment.
The Contractor shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis. Contractor agrees to submit invoices to the City that contain a detailed account of each billing. Contractor is classified as an independent contractor and not a
26 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
contractual employee of the City. As such, any compensation due and payable to Contractor will be paid as gross amounts.
3.3.1 Payments.
The Contractor shall submit one invoice per calendar month for work performed in accordance with the Fee Schedule. Undisputed portions of invoices to the City must be in accordance with the Fee Schedule and generally will be payable if approved, within thirty calendar days of receipt.
3.4 Additional Services.
If the City requires additional janitorial and maintenance services beyond the task, the Contractor will be paid an additional fee. Additional Services shall be in accordance with the rates provided in the Fee Schedule. The City and the Contractor must agree in writing upon such fee prior to the Contractor beginning the Additional Services.
3.5 Eighty Percent Notification.
The Contractor shall promptly notify the City in writing of any potential cost overruns. Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services appears that it may be greater or less than the maximum compensation for this Agreement.
ARTICLE IV
CONTRACTOR'S OBLIGATIONS
4.1 Industry Standards.
In addition to the Contractor's covenants described in Article VI hereof, the Contractor agrees that the janitorial and maintenance services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional janitorial and maintenance firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California and in compliance with California law as to training for employees. Where approval by the City, the City Manager, or other representatives of the City is required, it is understood to be general approval only and does not relieve the Contractor of responsibility for complying with all applicable laws, codes, and good janitorial and maintenance practices.
4.1.1 Licenses.
At all times during the term of this Agreement and any extension thereof, Contractor shall have in full force and effect all licenses required of it by law for the performance of the services described in this Agreement.
27 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
4.2 Right to Audit.
4.2.1 Access. The City retains the right to review and audit, and the reasonable right of access to Contractor's premises to review and audit the Contractor's compliance with the provisions of this Agreement. The City's audit rights include but are not limited to the right to inspect and copy, and to retain copies, outside of the Contractor's premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by City in its sole discretion. This information shall be kept by the City in strictest confidence allowed by law.
4.2.2 Audit. The City's audit rights include the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Contractor is in compliance with all requirements under this Agreement.
4.2.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City's may examine books, records, documents, and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred.
4.2.2.1.1 Accounting Records. The Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the industry. The Contractor shall make available to the City for review and audit financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. These records shall be made available during the term of the contract. Upon the City's request, the Contractor shall submit exact duplicates of originals of all requested records to the City at Contractor's cost.
4.3 Insurance.
Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.
4.4 Non-Discrimination Requirements.
The Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of personnel, vendors or suppliers. The Contractor understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, or other sanctions. This language shall be in contracts between the Contractor and any employees, vendors and suppliers.
4.5 Drug-Free Workplace.
The Contractor agrees to ensure a drug free work place. The Contractor shall certify to the City that it will provide a drug-free workplace by submitting a Contractor Certification for a Drug-Free Workplace form.
4.5.1 Contractor's Notice to Employees. The Contractor shall publish a statement
28 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.
4.5.2 Drug-Free Awareness Program. The Contractor shall establish a drug-free awareness program to inform employees about all of the following:
4.5.2.1 The dangers of drug abuse in the work place.
4.5.2.2 The policy of maintaining a drug-free work place.
4.5.2.3 Available drug counseling, rehabilitation, and employee assistance programs.
4.5.2.4 The penalties that may be imposed upon employees for drug abuse violations.
4.5.3 Posting the Statement. In addition to Section 4.7.1 above, the Contractor shall post the drug-free policy in a prominent place.
4.6 Product Endorsement.
The Contractor acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.
4.7 Conflict of Interest.
The Contractor is subject to all applicable federal, state and local conflict of interest laws, regulations and policies applicable to its contract with the City and procurement practices related to such contract, including but not limited to California Government Code sections 1090, etc. seq. and 81000, et. seq. Contractor may be required to complete one or more statements of economic interest disclosing relevant financial interests as determined by Exhibit D, Contractor's Statement of Financial Interest, attached and incorporated as if fully set forth herein. City may amend Exhibit D from time to time. Upon the City's request, the Contractor shall submit the necessary supplementary documentation to the City.
4.7.1 The Contractor shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.
4.7.3 The Contractor's personnel shall not accept gratuities or any other favors from any members of the community that utilize the transit services.
4.7.4 If the Contractor violates any conflict of interest laws or any of these provisions in Section 4.10, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects the Contractor to liability to the City for attorney fees and all damages sustained as a result of the violation.
29 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
4.7.5 Contractor covenants that neither he/she nor any officer or principal of his/her firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed as an officer, employee, or agent.
4.7.6 Undue Influence. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this subsection shall be a material breach of the Agreement entitling the City to any and all remedies at law or in equity.
4.8 Mandatory Assistance.
If a third-party dispute or litigation, or both, arises out of, or relates in any way to the janitorial and maintenance services provided under this Agreement, upon the City's request, the Contractor, its agents, officers, and employees agree to assist in resolving the dispute or litigation. The Contractor's assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.
4.9 Compensation for Mandatory Assistance.
The City may compensate the Contractor for fees incurred for providing Mandatory Assistance as Additional Services under Section 3.3.
4.10 Attorney Fees related to Mandatory Assistance.
In providing the City with dispute or litigation assistance, the Contractor or its agents, officers, and employees may incur expenses and/or costs. The Contractor agrees that any attorney fees it may incur as a result of assistance provided under Section 4.11 are not reimbursable.
ARTICLE V
CITY'S OBLIGATIONS
5.1 Ownership of Documents.
Contractor shall maintain complete and accurate records relating to the performance of services under this Agreement. Contractor shall maintain records of services in sufficient detail to permit an evaluation of such services. This Section shall apply whether the Contractor's janitorial and maintenance services are terminated: (a) by the completion of the assignment, or (b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the Contractor shall have the right to make copies of all such records at Contractor's sole
30 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
expenses. All records and supporting documents shall be maintained by Contractor for a minimum of three (3) years after the date of final payment, and longer if requested by the provisions of applicable laws or regulations or as requested by the City.
Upon completion, termination or suspension of the Agreement, all original records and other documents prepared in the course of providing the janitorial and maintenance services pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without of the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.
5.2 Employment of City Staff.
This Agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Contractor employs an individual who, within the last twelve (12) months immediately preceding such employment did, in the individual's capacity as an officer or employee of the City, participate in, negotiate with, or otherwise have an influence on the recommendation made to the City Council or City Manager in connection with the selection of the Contractor.
ARTICLE VI
6.1 Indemnification
Contractor shall indemnify, defend, and hold harmless the City and its officers, employees and agents, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the VENDOR’s performance of its obligations under this AGREEMENT or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City indemnitees or at the City’s option, reimburse the City indemnities their costs of defense, including reasonable legal fees, incurred in defense of such claims.
Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between City and Contractor, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
6.2 General Indemnification Provisions.
Contractor shall obtain executed indemnity agreements with provisions identical to those set forth here in this Article from any person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the
31 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
MISCELLANEOUS
7.1 Notices.
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, first class, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the City shall be addressed to: 1275 Main Street El Centro, CA 92243 and notice to the Contractor shall be addressed to Adriana Nava, Community Services Director.
7.2 Headings.
All article headings are for convenience only and shall not affect the interpretation of this Agreement.
7.3 Non-Assignment.
The Contractor shall not assign the obligations under this Agreement, whether by express assignment or by sale of the Contractor, nor any monies due or to become due, without the City's prior written approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.
7.4 Independent Contractors.
The Contractor shall be and at all times remain independent contractors and not agents of the City. The personnel performing the services under this Agreement on behalf of the Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Any provisions of this Agreement that may appear to give the City any right to direct the Contractor concerning the details of performing the janitorial and maintenance services, or to exercise any control over such performance, shall mean only that the Contractor shall follow the direction of the City concerning the end results of the performance. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City or bind City in any manner. No employee benefits shall be available to Contractor in connect with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages or other compensation to Contractor for performing services hereunder for City.
City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
32 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
7.5 Contractor for Janitorial and Maintenance Services.
It is understood that this Agreement is for unique janitorial and maintenance services.
Retention of the Contractor's janitorial and maintenance services is based on the particular professional expertise of the individuals rendering the services set forth.
7.6 Covenants and Conditions.
All provisions of this Agreement expressed as either covenants or conditions on the part of the City or the Contractor shall be deemed to be both covenants and conditions.
7.7 Compliance with Controlling Law.
The Contractor shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or the performance of this Agreement. The Contractor shall at all times observe and comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement. In addition, the Contractor shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.
7.8 Jurisdiction, Venue, and Attorney Fees.
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of Imperial, State of California.
7.9 Successors in Interest.
This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party's successor in interest.
7.10 Integration.
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, or written pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force and effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by either Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.
33 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
7.11 Counterparts.
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.
7.12 No Waiver.
No failure of either the City or the Contractor to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
7.13 Severability.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.
7.14 Municipal Powers.
Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter city of the State of California.
7.15 Drafting Ambiguities.
The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
7.16 Signing Authority.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
34 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
7.17 Conflicts Between Terms.
If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through City Manager, pursuant to Resolution No. 25- , authorizing such execution, and by the Contractor.
THE CITY OF EL CENTRO
By: City Manager
Date:
I HEREBY CERTIFY I can legally bind that I have read all of this Agreement, this day of , 2025.
By:
Authorized Representative
Print Name
Title:
Date:
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of , 2025.
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
Date ___________
35 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
~~
,Qf);t (') - o 'I < . m .., ~
"F
...
r;;:
z
a,
G
C,
>
.;;
...
;!!
0 0
"'
C , i
I ~
! ji
t >
i;
B
•
• ;;
"
E
~
~ ,(,,
,~
"'
$ .,,
CITY OF EL CENTRO
POLICE STATION
150 N 11TH STREET, EL CENTRO, CA 92243
(')
~
{ ~
I
,.,
"EXHIBITC"
215sf 59sf 38sf 32sf 533sf 105sf 417sf 99sf 94sf 50sf82sf 152sf 85sf 102sf213sf 935sf 401sf 525sf 385sf
eee---
,.
~ " 0)- , . n
. 0
- o .• ~ ;'ii , ;: ~
....
..., . i;:
~
:;!!
@--- "'
"'
~
~ ~
"'
~
8 "'
~
' ~ ,.
I
I
5i ~ -
~ r
• l
--, ~l-~-1--..,C>.
~ ~
;
.
'
:
I
0 I
I r
------ ~----------·- ~
~
I
7,
.. ~~ ~ 11 ~~-=---l---=...:'----- --ill
...,
i,.
1-
~-I - ~l---' Hl____;_; li c..;......1 1 LU.J.. m·, ~ ..________ .......J ~ _ m ~;6 ~, • ; i CITY OF EL CENTRO ~.f POLICE STATION ~ I l, 1 1 1L 150 N 11TH STREET, EL CENTRO, CA 92243 ~ kD BJ e
e
/.
~ r ,
.$
'
€)
- @)
I
~,!
m ~ •• ~ ~! .
- ~
©
~
158sf 58sf 215sf 95sf 220sf 132sf 370sf 133sf
1-'-f
--,--'
I
I
I
I
I
I
I
f-!-1
I
I
I
--,----- '
I
I
- -~---
1 I
I
I
I
I
I
I
I
I
f-H
I
I I I
- --t---- - ----8
1 L -=__:__~ = ~~~-~~'.___J
+ !
'
I
I
I I
I : I :I I l - l ~l ~I ..;.;~
--+-----..::~.#1 ~~~
i . ~} i q>- ~
I
I
I
I
I
I
I
r . --=------!-----e
G ~
C .
I I
~ i
.
E ~ ; . B
• ~ !
i;;
"
fl
i
r
70sf 670sf 105sf 109sf 62sf 66sf 692sf 363sf63sf 218sf 660sf 438sf 178sf 178sf
~
•
' ' I
~-,---
1 I
ffi
----,--- '
I
'
I
'
I
I
I+!
I
'
I
'
I
I
' - -- 1----
i; ~
,6),
G , .
... .. ,.
~ r
.,,
~ z
!!l
~
6 0
':"
m
~
I
'
I
'
I
©
I
'
I
---,--------- ! ,; ; j 'r~
~I '
.)
~© ~ ~ .. ~j!
®' ~ a
Ii--
JI '
e 8
259sf 138sf 584sf997sf 125sf 164sf 185sf 38sf48sf
I
I
I
I
I
I
I
'
---+
I
I
,t ! Q.;) I
I
~ --4
,; ~ I I ..,
i; I I
I I
I
'
I .,, ' I
' .... I I 0
0 ' I
"'
1- ---,- ;., I '
I
'
- 1-- 1
I I I .. 1. ::-.C:- .. ' ., "" .. e
lq I? l
-i- : i i io-, ~ ~ii !~ ..
r ·1
2 ·~ ~! ;• .. -~ ~ j;: ~; ~ gg •" Ii " .~ • iii 0 ~~ -~ ~, .~ . ! ~~ • • !1 !:: ~~ i ~ ~·
.. :; • j~ .. ~ ~Ill -- • I i} ~ ;~
I ~ ~~
479sf 880sf 82sf 66sf 66sf 82sf 86sf 53sf 53sf 453sf 51sf 230sf 478sf 85sf 77sf 57sf 65sf128sf 122sf
'
I
' ---~ I
I
I
____ I
I
I
I
I
I
I
I
I
I
----1 t
I
~- ~
-~>~~ ~
n•·1 ij"'
Ir " I s- &!l • , ! ' ~
t~ j >- ~
' <> _..
~
} i' [i~i, "'
!l1
::,
·-···
m l
' ~ f
:tl
s"!
1 ! I(
I
•h
liH
·p
'
I
'
--+----e
I
'
0
356sf 330sf 223sf 55sf 57sf 261sf
z
"'
0 .,,
z
0 "'
"'
f;:,;
Im
I-<
("'Cl
,,...
,~
(Z
.. I
!I::
, I
I
I
I
I
Ai
•·
tt
Ii;
Z€
I
~
i
----- - 0
~
- - .. ~ :,
~
g ~
---,
I
~
---~
lq I? ;~: -~ , r
iO-, ~ ·
iff ~i ~~ ..
r 11
~ ~i: 5
hi •~ ~~ ~E • !lf ~; !il ~ !• g~ ~ ~ ri; ~~ £~ t•
::~ i~ j ;i'.: ~ t.- , . ;a .. f~i c~ ~~
i ;~ i~ ";~I i,l :'il~
-· Ju • •· I
~t
h i·, ; ! ~i r. ~ " e
§~m HP! ., □ CITYOFELCENTRO ~
:!ii ~l; ~·- ~!!·! ~;: l+i+H+,:,•Hi ' i. ________ P_O_LI_C_E_ST_A_TI_O_N ______ _, ; . •.I ~ -----~ --~'----'--' ~ . , 150 N 11TH STREET, EL CENTRO, CA 92243 PROJECT NO-299-2101
130sf 131sf 144sf 426sf 626sf 203sf 146sf 97sf 109sf 567sf 142sf 364sf 137sf121sf
&n.n l .\.l .. W
N
z
0 ;!J
0 0
"'
n
' II I II~ t
-~ -- --" -
--..,
•
~
!-~
-----@
105sf 105sf 45sf 64sf 173sf 230sf 153sf 134sf 342sf 1147sf 1010sf 231sf
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
1 | P a g e
EXHIBIT “C”
INSURANCE REQUIREMENTS
I. INSURANCE
A. The successful Contractor must be able to meet, at a minimum, the insurance requirements set out as Exhibit "C" to the sample form of Agreement and summarized as follows.
B. Insurance Requirements. Contractor shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a Best rating of no less than A:
VII. Contractor shall provide the following scope and limits of insurance:
(i) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as
broad as Insurance Services Office "occurrence" form
CG 0001.
(ii) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including Code
1 "any auto" and endorsement CA0025, or equivalent
forms subject to the written approval of the City.
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
2 | P a g e
(iii) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's
Liability insurance and covering all employees
providing services on behalf of the Contractor and all
risks to such persons under this Agreement.
(ii) Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(i) Commercial General Liability: Commercial General
Liability Insurance, with minimum limits of at least
$1,000,000 per occurrence, and if written with an
aggregate, the aggregate shall be double the per
occurrence limit. Defense costs shall be paid in
addition to the limits.
(ii) Automobile Liability: $1,000,000 combined single
limit per accident for bodily injury and property
damage.
(iii) Workers’ Compensation and Employer’s Liability:
Workers' Compensation as required by the Labor
Code of the State of California and Employers
Liability limits of $1,000,000 per accident.
(iii) Umbrella or Excess Liability Insurance.
A.CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits at least as broad as the commercial general liability coverage that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
3 | P a g e
coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; Policies shall "follow form" to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
B. Other Provisions. Insurance policies shall contain the following provisions:
(i) All Policies. No insurance policy shall be suspended, or canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City Clerk, City of El Centro, 1275 W. Main Street, El Centro CA 92243. Contractor agrees to provide City with thirty (30) days prior written notice of any
reduction in coverage or limits, and/or the suspension or voiding of any coverage required herein. Notice shall be sent pursuant to subsection (1) above.
(ii) General Liability and Automobile Liability Coverage's. (a) City, its officers, agents, and employees are to be covered as additional insured as respects: premises
owned, occupied or used by Contractor, or
automobiles owned, leased or hired or borrowed by
Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City, its officers, officials, or employees.
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
4 | P a g e
(b) Contractor's insurance coverage shall be primary
insurance as respect to City, its officers, officials, and employees. Any insurance maintained by City, its
officers, officials, or employees shall apply in excess of, and not in contribution with, Contractor's
insurance.
(c) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's
liability.
(d) Waiver of subrogation in favor of the City.
(iii) Workers' Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, and
employees for losses arising from work performed by
Contractor for City.
C. Other Requirements. The Contractor selected shall deposit with City, at or before the effective date of the Agreement, endorsed certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with.
The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its
5 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
behalf. City reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.
(i) Contractor shall furnish certificates and
endorsements from each sub-Contractor
identical to those Contractor provides.
(ii) Any deductibles or self-insured retentions must be declared to and approved by City.
(iii) City shall retain the right at any time to review the coverage, form, and amount of the insurance
required hereby. If, in the opinion of City, the
insurance provisions in this contract, form, and
amount are insufficient, an increase may be
required to provide adequate protection. City's
requirements shall be reasonable and based on
available insurance coverage, but shall be
designated to assure protection from and against
the kind and extent of the risks which exist at
the time a change in insurance is required.
(iv) The procurement of such required policy or
policies of insurance shall not be construed to
limit Contractor's liability hereunder or other
requirements of the Agreement.
D. Indemnification: In addition to liability insurance, the following indemnification is required:
6 | P a g e
03/2025/cdz/A25-0040/RFP/JanitorialSrvs
Contractor shall indemnify, protect, defend and hold
harmless the City and its officers, employees, agents,
and volunteers against any and all claims or actions
arising from any claim, demand or judgment for
personal injury, wrongful death and/or property
damage arising out of Contractor's alleged negligent
acts, errors or omissions and for any claim therefore,
including City's attorney fees. The provisions of this
section shall not be deemed satisfied by the
requirements of liability insurance required by the
Agreement.
Levine Act Statement
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $500 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.
This statement must be provided for the company and for each consultant who will work with the City.
City of El Centro Council Members as of the date of this RFP are as follows:
Sonia Carter
Sylvia Marroquin
Claudia Camarena
Marty Ellett
Michael Crankshaw
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City of El Centro Council Member in the 12 months preceding the date of the issuance of this RFP? YES NO
If yes, please identify the Council Member:
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $500 to any City of El Centro Council Member in the three months following the award of the contract? YES NO
If yes, please identify the Council Member:
Answering yes to either of the two questions above does not preclude City of El Centro from awarding a contract to your firm. It does, however, preclude the identified Council Member from participating in the contract award process for this contract.
DATE (SIGNATURE OF CONSULTANT)
Effective April 30, 2025
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-142)
Item: 20.
Meeting: 5/6/2025 4:00 PM
Department: City Manager
Category: Action Item
Prepared by: Cindy De Zilwa,
Management Assistant
Department Head: Daniel Paramo
DOC ID: 2025-142
Ratify Letter of Support - Guaranteed Income Pilot Program for Older Californians CITY MANAGER'S RECOMMENDATION:
Ratify letter of support request from Institute of Local Government (ILG) as they are working with Comite Civico del Valle (CCV) to submit an application for grant funding for a pilot program through the California Department of Social Services (CDSS).
FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
N/A
BACKGROUND:
The Guaranteed Income (GI) Pilot Program for Older Californians grant fund would provide low-income, vulnerable elderly residents with a monthly stipend of $750 for at least 12 months to help with essential needs such as housing and utilities. The pilot program is currently in the early planning stage, and gathering community input. This program will serve adults 60 or older, and are either eligible or enrolled in a means-tested benefit program, which means government assistance programs where eligibility is determined by individual or family income. Key challenges faced by older adults in California are:
• Housing insecurity and risk of homelessness
• Income insecurity and insufficient retirement savings • Physical and mental health challenges
• Loneliness and isolation
• Complex healthcare coordination
• Benefits Cliff (transitioning from Medicaid to Medicare) Guaranteed Income can provide financial support for a limited period to address immediate key challenges faced by older adults. CDSS intends for guaranteed income to be paired with optional supportive services to enable long-term stability, serving as a “bridge” to connect older adults to the broader social safety net.
DISCUSSION:
As part of the California Fiscal Year 2024-25 budget, an additional $5 million was approved to include older adults as a priority population. Prior to awarding of grant funds, the CDSS will engage in a series of listening sessions to benefit from feedback from community partners on the solicitation and evaluation.
A major strength of this application is Comite Civico del Valle's strong track record of serving the elderly in our region. From weekly distributions to targeted efforts during COVID, asthma mitigation, and extreme heat events, CCV has demonstrated its reach and trust within the senior community.
Interested organizations needed to respond to a competitive Request for Application (RFA) to the CDSS by April 18, 2025. Award announcements are expected on or around June 25, 2025.
CONCLUSION:
Ratify letter of support that was submitted to ILG by their requested deadline of April 17th, which the letter was part of their application submission.
ATTACHMENTS:
1. CDSS_GI_for_Older_Adults_Community_Listening_Session_Presentation_Nov._20,_2024
2. Letter of Support - Pilot Program
Katie Clarkin
CDSS, Program Director
Alyssa Stratton
CDSS, Program Manager
Community Listening Session on Guaranteed Income for Older Adults November 20th, 2024
California Department of Social Services
Guaranteed Income Pilot Program
Host will call on participants
with raised hands
Going off Mute
1. All participants will be automatically muted upon
entry.
2. You may freely use the "Q&A" feature throughout the
session for any questions that come up, which will be
answered during the Open Q&A.
3. To speak, please use the “Raise Hand” feature and wait for our team to “Unmute” you before speaking.
Closed-Captioning
1. We have enabled close-captioning in English for
everyone
2. In case it does not appear on your Zoom window -
and you would like to have close-captioning- please
enable it by selecting the CC symbol in the meeting
controls
Quick Tech Before We Get Started….
Welcome
The California Department of Social Services (CDSS) supports programs which serve more than eight million people across our state. This work provides stability, opportunity, and promotes wellness throughout California.
The Family Engagement and Empowerment Division (FEED) of CDSS provides critical financial, food, and education and training support to individuals and families. The Division consists of three branches, including the California Work Opportunity and Responsibility to Kids and Family Resiliency Branch, the CalFresh and Nutrition Branch, and the Child and Adult Care Food Program Branch. In addition to these programs, FEED also oversees crosscutting initiatives, including California’s Guaranteed Income Pilot Program.
Who We Are
Agenda
• Welcome and Introductions
• Overview of Guaranteed Income Pilot Program for Older Adults • Learnings to date: Highlights from a Landscape Analysis • Evaluation Outcomes of Interest
• Parameters of Potential GI Pilots for Older Adults
• Preview of Grantee Requirements
• Update on Benefits Waivers
• Preview Community Partner Survey
• Group Discussion
• Closeout
California Guaranteed Income (GI) Pilot Program Overview • The first state-funded California GI Pilot Program was part of the Fiscal Year 2021-22 budget agreed to by Governor Newsom and the Legislature, with a budget of $35 million over 5 years.
• GI provides unconditional and recurring cash payments intended to support the basic needs of the recipients.
• After a competitive Request for Application process, CDSS is funding seven pilots who are providing GI to nearly 2,000 former foster youth and pregnant people across all major California regions.
• As part of the Fiscal Year 2024-25 budget, an additional $5 million was approved to include older adults as a priority population.
Statute: Welfare and Institutions Code (WIC) section 18997
FY 2024/25 Budget Language
GI Expansion To Older Adults
• Budget of $5 million over 5 years
• Will serve adults 60 or older who are either
eligible for or receiving a means-tested benefit
• Currently CDSS is in the early stages of program
design and gathering community input
• Request For Information (RFI) to be released
Spring 2025 for eligible entities to apply for funds
• Benefits counseling is required
Preliminary Goals:
Connect participants
to the broader social
safety net
Focus on housing and
income security
Timeline of GI Program for Older Adults
• Today’s session is one of a broader series of listening sessions from the community that will inform the RFI process and provide an opportunity for community partners to learn more about the launch of this program.
• CDSS will provide more options for engagement, such as focus groups, interviews and online surveys.
2024 2030
Fall 2024 – Spring 2025
Community partner
engagement
Spring 2025
Request for Information
(RFI) release
Fall 2025
Grant(s) executed
Summer 2026
Enrollment
begins/payments
disbursed
Summer 2029
Latest
disbursements
conclude &
grant winddown
June 30, 2030
Program sunsets
and report due
We are here
Fall 2024
Community partner
survey launched
• Housing insecurity and risk of homelessness
• Income insecurity and insufficient retirement
savings
• Physical and mental health challenges
• Complex health care coordination
• Caregiving responsibilities and needs
• Loneliness and isolation
• Re-entry after justice involvement
• Benefits Cliff (i.e. Transitioning from Medicaid
to Medicare)
Initial Research on Older Adults
Key Challenges Faced By Older Adults in California Sample List of Public Benefits Available to Older Adults1
• Food Assistance (CalFresh, Senior Farmers’ Market
Nutrition Program, Commodity Supplemental Food
Program)
• Social Security (Retirement Insurance Benefit,
Supplemental Security Income)
• Healthcare (Medi-Cal, Medicare Savings Program)
• Housing Benefits (Section 811 Supportive Housing)
• Tribal Benefits (Food Distribution Program on
Indian Reservations)
Guiding Principles for Providing Guaranteed Income to Older Adults Guaranteed Income can provide financial support for a limited period to address immediate key challenges faced by older adults. CDSS intends for GI to be paired with optional supportive services to enable long-term stability, serving as a “bridge” to connect older adults to the broader social safety net.
1. 2024 research by the National Council on Aging and Urban Institute shows that 17+ million eligible Americans 65 and older are not enrolled in SNAP, SSI or Medicare Savings Program
Participant Outcomes for Consideration
1. Housing stability and reduced risk of homelessness
2. Income stability and reduced risk of poverty
3. Enhanced quality of life measures
4. Increased community engagement, and reduced sense of isolation
5. Improved access to healthcare services
6. Improved physical health and well-being
7. Improved mental health (such as reduced psychological stress)
8. Food security
During today's discussion, we welcome your input on potential outcomes that guaranteed income may have for older adults.
Parameters of GI Pilot for Older Adults
Applying for state funding:
o Prospective grantees must respond to an RFI
o Top prospects may be invited to interview; grant awards announced thereafter. o Grant award up to $4.75M, no minimum
o Funding match welcome, but not required
Eligibility to respond to RFI:
o Any public or private nonprofit entity in good standing and authorized to do business in California; tribal entity; local government entity; quasi-governmental entity; Area Agencies on Aging; or combination of these entities.
o Must have experience:
Serving low-income older adults aged 60+ for 3 years minimum OR Have provided direct cash assistance (e.g. GI) to older adults previously. o Must prove ability to directly reach priority population
Parameters for GI Pilot for Older Adults
Recommendations for payment amount and duration:
o $500 per month at minimum
o 6 months duration at minimum
o 200 participants per grantee at minimum – numbers served should correspond with grant amount requested
o Grantees may decide on cadence, e.g., lump sum, recurring or combination Supportive services
Pilots should demonstrate well-established and pre-existing ability to deliver key supportive services to older adults, including but not limited to, benefits counseling and connection, health care coordination, housing support, legal aid, and home based and community services.
Pilot Evaluation: CDSS would like to explore...
Funding an existing pilot with already-funded research component that can be expanded using CDSS-funded disbursements, or
Collaborating with a self-funded research partner that can evaluate the impact of CDSS disbursements
Eligibility Requirements for Organizations Seeking
Funding
For all entities:
• STD 204: Payee data record
• Be “Active” and in good standing
with:
• California Secretary of State (SOS)
• California Franchise Tax Board
(FTB)
• California Department of Tax and
Fee Administration (CDTFA)
• U.S. Department of Treasury -
Proof that they are not on the
Sanction List (in response to
Russian Aggression in Ukraine).
For nonprofits ONLY:
• Financial Statements:
• Submit a copy of the most recent and
complete audited annual financial
statement (within the past 12
months).
• Proof of 501(c)(3) or 501(c)(5) Status:
• Be current and in good standing and
provide proof of “Active” Legal
Business Status from:
• The California Secretary of State:
California Department of Justice
(DOJ)
• Internal Revenue Service (IRS)
Eligibility Requirements for Organizations Seeking
Funding 2
The following will be required in order to receive a grant from the CDSS:
• Proof of up-to-date insurance certificates:
• Commercial General Liability
• Limits not less than $1,000,000 per occurrence/ $2,000,000 annual policy aggregate. • Automobile Liability
• Limits not less than $1,000,000 combined single limit per accident. • Workers Compensation and Employers Liability
• Liability limit of $1,000,000 for all employees engaged in the performance of the grant. • Professional Liability
• Limits not less than $1,000,000 per occurrence/ $3,000,000 annual policy aggregate. • For Public Agencies ONLY:
• A copy of a Board Resolution or similar document authorizing the execution of grant between CDSS and the entity.
NOTE: Please see example “Terms and Conditions” on the CDSS website to understand terms and conditions for entering into grant agreements.
Benefits Waivers
• Supplemental Security Income (SSI)
o Social Security Administration has approved Assistance Based on Need (ABON) waiver
o Payments to recipients must be wholly-government funded, but the whole program does not have to be.
• CalFresh (Supplemental Nutrition Assistance Program i.e. SNAP) o Requires that a portion of the payments are non-government funded. • Public Housing through U.S. Department of Housing & Urban Development (HUD) Approval may vary by region based on HUD Guidance
• Other benefit programs may be protected under existing waivers and policy interpretations from the foster youth and pregnancy GI Pilot Program. CDSS will verify the policies that will remain in place for the duration of the Older Adults program.
• We will follow-up after this session with a comprehensive list of benefit programs and potential impact of GI.
• Let us know if there are other benefits that should be on this list.
Pilots should know:
Individual pilots will be
responsible for securing
local program waivers
For programs with both
government and nongovernment funding,
disbursement platforms
must be able to customize
the payment source based
on the benefits profile of
each recipient (i.e., if they
are receiving SSI or CalFresh,
the participant can choose
which to protect)
Pilots are expected to offer
benefits counseling to all
eligible applicants.
Community Partner Survey
• As part of its community engagement approach, CDSS welcomes all community partners to complete a GI Pilot Program for Older Adults survey (to be shared after this session).
• This survey is now live and will remain open until December 31, 2024. • We're interested in hearing from: Eligible entities; other Local government, Philanthropy, Community Based Organizations, Social Enterprises, Researchers and Evaluators, Members of a community of practice are welcome to respond. • Goals of the survey:
• Learn more about existing or planned pilots and evaluations focused on older adults.
• Gather feedback and insights on core needs of older adults, subpopulations with greater or specific needs, and key impact outcomes.
• Inform the design of the RFI process by which CDSS will select grantees.
Menti-poll Exercise
The goal of this exercise is to solicit your feedback on our early ideas and considerations as we design the RFI and establish guidelines for organizations that may apply for funding to deliver a GI pilot for older adults.
We wouldn’t just select one model to include in the RFI; but rather gather suggestions on • How to most effectively support low-income older adults in California with time-limited guaranteed income?
• What should we highlight as guidelines and scoring criteria when evaluating applications?
Join at menti.com
Enter the code 7246 2297 OR Scan Here
Open Q&A
What questions do you have for CDSS?
1. Please use the Q&A function on the bottom right corner to write questions for CDSS. Reminder that everyone will be able to see your question, but you may choose to ask anonymously.
2. Please use the “Raise Hand” feature first if you’d like to go off-mute to ask followup questions or respond to CDSS’s comments. The host will invite participants to unmute if their virtual hand is raised.
Check our GI Pilot Program website for updates
Keep in
touch!
Sign up for our
mailing list
• Slides and recording from today's session to
follow.
• Share your plans and feedback on the pilot
program for older adults by completing our
community partner survey by 12/31!
• More feedback for us? Feel free to email us at
[email protected]
Thank You
Katie Clarkin
Program Director
[email protected]
Alyssa Stratton
Program Manager
[email protected]
Office of Family Engagement & Empowerment Initiatives
California Department of Social Services
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-147)
Item: 21.
Meeting: 5/6/2025 4:00 PM
Department: City Manager
Category: Presentation
Prepared by: Gloria Garcia , Staff
Asssistant
Department Head: Mario Renteria
DOC ID: 2025-147
Mass Notification System Presentation
CITY MANAGER'S RECOMMENDATION:
Presentation Only.
FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
N/A
BACKGROUND:
N/A
DISCUSSION:
The City of El Centro's Mass Notification System is a vital communication tool designed to keep residents informed and safe. Through this system, the City can send real-time alerts and important updates directly to the public via text message, email, or phone call.
Notifications may include emergency situations, road closures, weather-related hazards, community events, and other critical information. The system ensures that residents receive timely and accurate updates, helping them stay aware and make informed decisions. This service is free and available to all residents who register.
CONCLUSION:
N/A
ATTACHMENTS:
None
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-144)
Item: 22.
Meeting: 5/6/2025 4:00 PM
Department: City Manager
Category: Action Item
Prepared by: Cindy De Zilwa,
Management Assistant
Department Head: Daniel Paramo
DOC ID: 2025-144
Ratify Letter of Support - SB 534 (Padilla): Salton Sea Region Green Empowerment Zone.
CITY MANAGER'S RECOMMENDATION:
Ratify letter of support request received from the Office of Senator Steve Padilla, for SB 534 - Salton Sea Region Green Empowerment Zone and Southwestern Desert Valleys.
FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
N/A
BACKGROUND:
SB 534 proposes the establishment of the Salton Sea Region Green Empowerment Zone, a bold step forward to attract investment and promote inclusive, coordinated, and sustainable economic development across Imperial County, the Eastern Coachella Valley, and the Palo Verde Valley. The proposal reflects recommendations made by the Lithium Valley Blue Ribbon Commission, and builds on ongoing regional and state-level efforts to uplift communities historically left behind.
SB 534 creates a designated Empowerment Zone to help attract and draw down public and private investment. It also supports workforce development, infrastructure, health access, and clean energy growth. It provides a coordinated structure for long-term regional economic success, as well as establishing a governing board to oversee the Zone's operations.
DISCUSSION:
The region faces historic economic challenges and systemic barriers to sustained, actionoriented collaboration. Ag Green Empowerment Zone provides a platform for collaborating on and leveraging other efforts that benefit the region. These efforts include the Lithium Valley Specific Plan. SB 534 is modeled after a previously established Green Empowerment Zone in Contra Costa, and would allow the region to develop increased capacity, redress disparities, and draw down economic opportunities needed to sustain economic development.
SB 534 would task the empowerment zone with various duties, including, among other things, identification of projects and programs that will best utilize public dollars, distribute