El Centro City Council
May 20, 2025

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, MAY 20, 2025
City Hall Regular Meeting 4:00 PM
City Hall
Council Chambers
1275 Main Street
El Centro, CA 92243
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by May 20, 2025.

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

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

Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=83052077463 Optional dial-in number: (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.

Mayor and Council Members may be reached at (760) 336-8989 Mayor:

Mayor Pro-Tem:

Council Members:

Sonia Carter
Marty Ellett
Sylvia Marroquin
Claudia Camarena
Michael Crankshaw
Interim City Manager: Daniel Paramo
City Attorney: Elizabeth Martyn Evans
City Clerk: Norma Wyles
4:00 PM CLOSED SESSION - CONFERENCE ROOM "A":

ROLL CALL:

CLOSED SESSION PUBLIC COMMENT:

Any member of the public wishing to address the City Council on any matter appearing in the closed session may do so at the time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comment will given during and at the end of the meeting.

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1415 Ross and associated property
City Negotiator: Eric Newsom and Megan Rooney, Sheppard Mullin Negotiating party: IVHD
Under negotiations: price and terms

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Govt. Code Section 54956,9(d)(2) and (3) Public Employee Employment /Appointment - Closed Session Pursuant to Govt. Code 54957(b):

Job Title: Interim City Manager
Conference with Labor Negotiators
Negotiating with: Intermin City Manager
Regarding monetary and related compensation
Public Employee Employment - Closed Session Pursuant to Govt. Code 549957(b) Job Title: City Manager
Conference with Labor Negotiators
Negotiating with Interim City Manager
Regarding monetary and related compensation

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record 6:00 OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY:

CALL TO ORDER:

ROLL CALL BY CITY CLERK:

PLEDGE OF ALLEGIANCE:

INVOCATION:

CITY ATTORNEY REPORT ON CLOSED SESSION:
(TIME MAY VARY) PUBLIC COMMENTS:

The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting.

Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the

Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Proclamation - National Public Works Week May 18-24, 2025

2. Proclamation - Mental Health Awareness Month, May 2025 CONSENT AGENDA (ITEMS 3-6 ):

3. Approve Warrant Registers for the Month of April 2025

4. Approval of Treasurer's Report for the Month of April 2025.

5. Approve Payroll Registers for the Month of April 2025.

6. Approval of City Council Minutes for April 15, 2025, and April 16, 2025.

PUBLIC HEARING:

7. Public hearing regarding an ordinance extending the moratorium on tobacco retail shops.

Presentation: Angel Hernandez, Community Development Director Recommendation:

Introduce Ordinance No. 25- , AN URGENCY ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EL CENTRO, CALIFORNIA, EXTENDING AN INTERIM MEASURE

IMPOSING A CITYWIDE MORATORIUM ON THE ESTABLISHMENT OF NEW AND

RELOCATION OR PHYSICAL EXPANSION OF EXISTING TOBACCO RETAIL SHOPS,

AND RENEWAL OR ISSUANCE OF NEW BUSINESS LICENSES FOR TOBACCO RETAIL SHOPS WITHIN THE CITY.

NEW BUSINESS:

8. RCAC Presentation - Water/Sewer Project Cross Road and Villa Ave Presentation: Abraham Campos, Public Works Director/City Engineer Recommendation:

Presentation only.

9. Discussion and related action regarding scholarships for discounted youth swim lessons and free public swim admission.

Presentation: Rebecca Corfman, Aquatics Supervisor, Adriana Nava, Community Services Director
Recommendation:

1. Adopt Resolution No. 25-____, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A FREE SWIM ADMISSION PROGRAM FOR YOUTH 17 YEARS OF AGE AND YOUNGER FOR SUMMER 2025 AND ESTABLISHING PROGRAM PARAMETERS.

and

2. Adopt Resolution No. 25-_____, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A FREE SWIM ADMISSION PROGRAM FOR YOUTH 17 YEARS OF AGE AND YOUNGER FOR SUMMER 2025 AND ESTABLISHING PROGRAM PARAMETERS.

10. Discussion and any necessary action regarding City Council Assignments/ Committee Appointments.

Presentation: Sonia Carter , Mayor
Recommendation:

Approve City Council Assignments- City Council Appointments.

11. Discussion and any necessary action regarding the appointments to the Personnel Appeals Board to fill three (3) scheduled vacancies.

Presentation: Sonia Carter , Mayor
Recommendation:

Mayor's Recommendation: Approve three (3) appointments to the Personnel Appeals Board with terms ending April 15, 2029.

LEGISLATIVE ACTION:

12. Letter of Support - SB 496, Advanced Clean Fleets
Presentation: Abraham Campos, Public Works Director/City Engineer Recommendation:

Approve to submit a letter of support for SB 496 (Hurtado), Advanced Clean Fleets, requested by Public Works Director/City Engineer, Abraham Campos.

TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:

CITY MANAGER REPORT:

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515.

Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

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

SUBMITTED
ACTION ITEM (ID # 2025-143)
Item: 1.

Meeting: 5/20/2025 4:00 PM
Department: City Manager
Category: Presentation
Prepared by: Gloria Garcia , Staff
Asssistant
Department Head:

DOC ID: 2025-143
Proclamation - National Public Works Week May 18-24, 2025 CITY MANAGER'S RECOMMENDATION:

N/A
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:

N/A
DISCUSSION:

N/A
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 # 2025-156)
Item: 2.

Meeting: 5/20/2025 4:00 PM
Department: City Manager
Category: Presentation
Prepared by: Gloria Garcia , Staff
Asssistant
Department Head:

DOC ID: 2025-156
Proclamation - Mental Health Awareness Month, May 2025
CITY MANAGER'S RECOMMENDATION:

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:

N/A
DISCUSSION:

N/A
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 # 2025-152)
Item: 3.

Meeting: 5/20/2025 4:00 PM
Department: Finance
Category: Action Item
Prepared by: Esmeralda Nunez,
Accounting Assistant
Department Head:

DOC ID: 2025-152
Approve Warrant Registers for the Month of April 2025
CITY MANAGER'S RECOMMENDATION:

FISCAL IMPACT:

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.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. April 2025

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

SUBMITTED
ACTION ITEM (ID # 2025-154)
Item: 4.

Meeting: 5/20/2025 4:00 PM
Department: Finance
Category: Informational Items
Prepared by: Nora Salas, Accountant
Department Head:

DOC ID: 2025-154
Approval of Treasurer's Report for the Month of April 2025.

CITY MANAGER'S RECOMMENDATION:

Approval of Treasurer's Report for the Month of April 2025.

FISCAL IMPACT:

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.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. Treasurer's Report April 2025

CITY OF EL CENTRO

TREASURER'S REPORT

SCHEDULE OF INVESTMENTS
APRIL 2025
Maturity Rate Market
Date Par tPcntl YTM Cost Value

GENERAL ACCOUNT
U.S. Savings and CD's
Subtotal
U.S. Government Obligations
Federal Home Loan Bks 3130AMQU9
Federal Home Loan Bks 3130AM2F8
Subtotal
06/16/25 $
04/29/26 $
750,000 0.625
750,000 1.125

0.630 $

1.160 $
750,000 $
750,000 $
747,188
729,953
1,500,000 1,500,000 1,477,140
Other Investments
Cash Equiv.

Local Agency Investment Fund
Subtotal
5,964,870
65,730,775

0.010 0.010 $ 5,964,870
65,730,775
$ 5,964,870
$ 4.313 4.313 $ 65,730,775
71,695,644 71,695,644 71,695,644
Subtotal 73,195,644 73,195,644 73,172,784
Bonds
Series B - 2007 Redevelopment
2021 Series A - Library Bond Project
2023 Series A - Police Station Project
$ 1,934,738
1,096,966
24,348,827

0.010

0.010

0.010

0.010 $ 1,934,738
1,096,966
24,348,827
$ 1,934,738
1,096,966
24,348,827
$ 0.010 $ $
$ 0.010 $ $
27,380,531 27380,531 27,380,531
Total 100,576,175 100,576,175 100,553,315

CITY OF EL CENTRO

TREASURER'S REPORT

SCHEDULE OF INVESTMENTS
APRIL 2025
Prior Fiscal
Year YTD
Same Period
This Fiscal
Month YTD
Interest Received
Other Investments
LAIF
Total
9,870 $
730.775
297,034 $
3,053,088
639,580
2,508,276
$ 740,644 3,350,121 3,147,856
Balance
03/31/25
Balance
Change 04/30/25
Monthly Activity
General Accounts
U.S. Savings and CD's
U.S. Corporate Obligations
U.S. Government Obligations
Cash Equiv. & Other Investments
LAIF
2,250,000
5,697,822
65,000,000
(750,000)
267,048
730,775
1,500,000
5,964,870
$ 65,730,775
72,947,822 247,823 73,195,644
Trustee Accounts
Series B - 2007 Redevelopment
Library 2021 Bond Project
El Centro Police 2023 Bond Project
1,928,593 $
1,096,962

38.783.237
41,808,791
6,145 1,934,738
1,096,966
24,348.827
27,380,531

4.21 (14,434,409)
(14,428,260)
Total S 114,756,613 $ 100,576,175
1 hereby certify that this report reflects the pooled investments of the City of El Centro and is in conformity with the Investment Policy of the City as adopted by the City Council on February 21,2001.

A copy of this Policy is available at the Office of the City Clerk. In the opinion of the undersigned, the City’s expenditure requirements for the following six months, can be met from projected revenues and maturities of Investments listed herein.

Elizabeth Fuchen
Interim Finance Director

Cityof El Centro
Treasurer's Report
Summary of Investments
as of 04/30/2025
Investment Unrealized
gain/loss Net increase
decrease
Market Value
end of Period
income
to-date
percent
Cost/Par (*)(**) of total
1 U.S. Savings and CD's 0%
2 U.S Corporate Obligations $ 0%
U.S. Government Obligati $ U500,000 $ (22,860) $ 1,477,140 2% 4 Cash Equiv. & Other Inve: $ 5,964,870 $ 5,964,870 8%
5 LAIF $ 65,730,775 $ 65,730,775 90%
1 Total S 73,195,644 $ (22,860) $ 73,172,784 100%
(*) Investments 1 through 5
Investments are held to maturity redemption is at cost rendering no loss.

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

SUBMITTED
ACTION ITEM (ID # 2025-160)
Item: 5.

Meeting: 5/20/2025 4:00 PM
Department: Finance
Category: Action Item
Prepared by: Cristhian Zambrano,
Payroll Specialist
Department Head: Elizabeth Fuchen
DOC ID: 2025-160
Approve Payroll Registers for the Month of April 2025.

CITY MANAGER'S RECOMMENDATION:

Approve Payroll Registers for the Month of April 2025.

FISCAL IMPACT:

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.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. PAYROLL REGISTERS APRIL 2025

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

SUBMITTED
ACTION ITEM (ID # 2025-161)
Item: 6.

Meeting: 5/20/2025 4:00 PM
Department: City Clerk
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Norma Wyles
DOC ID: 2025-161
Approval of City Council Minutes for April 15, 2025, and April 16, 2025.

CITY MANAGER'S RECOMMENDATION:

Approve City Council meeting minutes for April 15, 2025, and April 16, 2025.

FISCAL IMPACT:

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.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. 4-15-2025 Regular CC Minutes

2. 4-16-2025 Special Meeting CC Minutes

Book 37

REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, APRIL 15, 2025, 4:00 P.M.

The El Centro City Council met in a regular session on Tuesday, April 15, 2025 at 4:03 p.m. in Conference Room A, El Centro City Hall, 1275 W. Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Ellett, Carter, Marroquin, Camarena
City Clerk Wyles, Interim City Manager Paramo, City Attorney Martyn Evans ABSENT: None

CLOSED SESSION PUBLIC COMMENT
None

CITY COUNCIL CLOSED SESSION
Moved by Ellett, second by Camarena, to adjourn into closed session for:

REAL PROPERTY NEGOTIATORS PURSUANT TO GOVT. CODE SECTION 54956.8:

Property: 1415 Ross and associated residential property Agency Negotiators: Eric Newsom and Megan Rooney
Negotiating with: IVHD
Under Negotiation: Price and Terms

INITIATION OF LITIGATION BY THE CITY
Closed session pursuant to Govt. Code Section 54956.9 (d)(4) – initiation of litigation by the City – 1 case Motion carried.

Closed Session concluded at 5:40 p.m.

City Council recessed to 6:00 p.m.

OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, April 15, 2025, at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Ellett, Carter, Marroquin, Camarena
City Clerk Wyles, Interim City Manager Paramo, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Council Member Marroquin and Invocation was given by Council Member Ellett.

Book 37

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action.

PUBLIC COMMENTS
Public comment was received by Peter Rodriguez and Sophia Marroquin Hidalgo.

PRESENTATION AND ANNOUNCEMENTS BY MAYOR

1. Certificate of Recognition – IV Spelling Bee Winner, Madison Gray.

2. Retirement Plaque Presentation – Jose Romero, Parks & Recreation.

CONSENT AGENDA (ITEMS 3-9)
Moved by Marroquin, second by Ellett, approving consent items # 3-9.

3. Approval of Warrant Registers for the Month of March 2025.

4. Approval of Payroll Registers for the Month of March 2025.

5. Approval of the Treasurer’s Report for the Month of March 2025.

6. Approval of City Council meeting minutes of Special Meeting of April 1, 2025, and Regular meeting of April 1, 2025.

7. Acceptance of resignation from Ms. Mayra Soto, from the Building Board of Appeals, effective immediately with regrets, and authorize the City Clerk to advertise the vacancy.

8. Adoption of Resolution No. 25-12, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AN AGREEMENT WITH AMERINAT TO PROVIDE ESCROW AND LOAN SERVICING SERVICES FOR THE CITY OF EL CENTRO’S HOUSING PROGRAMS.

9. Adoption of Resolution No. 25-13, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A VENDOR AGREEMENT WITH D&H WATER SYSTEMS, INC. FOR THE PURCHASE OF EQUIPMENT FOR THE CITY’S WATER TREATMENT PLANT.

AYES: Ellett, Carter, Marroquin, Camarena
NOES: None
ABSENT: None
ABSTAINED: None

PUBLIC HEARING

10. This was the date and time set for a public hearing for the approval of the City of El Centro Community Development Block Grant (CDBG) Draft 2025-2026 One-Year Action Plan.

Public comment was received by Peter Rodriguez.

Nora Sarte, from Whole Person Care Clinic, introduced herself and spoke about the programs her program offers. Council member Ellet and Council member Marroquin asked a few questions regarding the program, which Ms. Sarte addressed.

Book 37

Moved by Marroquin, second by Camarena, adoption of Resolution No. 25-14, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE ONE-YEAR ACTION PLAN FOR THE 2025-2026 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

AYES: Ellett, Carter, Marroquin, Camarena
NOES: None
ABSENT: None
ABSTAINED: None

NEW BUSINESS

11. Motion by Ellett, second by Marroquin, to ratify a Letter of Support requested from Imperial Valley College (IVC) for a joint appropriations request of $2 million dollars that will be submitted to Senator Alex -Padilla’s office in collaboration with the San Diego and Imperial Counties Community Colleges Association (SDICCCA).

AYES: Ellett, Carter, Marroquin, Camarena
NOES: None
ABSENT: None
ABSTAINED: None

12. Presentation by Andy Heath, Interim Finance Director and Elizabeth Fuchen, Interim Finance Director, Fiscal Year 2024-2025 Budget Update /Fiscal Year 2025-2026 Preliminary Budget Workshop. Public comment was received from Pete Rodriguez. Council members had several questions regarding the budget. For discussion only.

13. Presentation by Abraham Campos, Public Works Director/City Engineer, discussion and any necessary action regarding the approval of an extension of the CR&R Franchise Agreement for solid waste handling and disposal. Council member Camarena asked if the trash collection vehicles were going to be electric vehicles aside from being natural gas vehicles. Mr. Campos replied that the vehicles were natural gas was a cleaner gas and were not going to be electric vehicles. Mr. Ruffridge explained that the vehicles were natural gas and also discussed where the new facility will be built. A speaker slip was received by Peter Sternberg, General Manager for Republic Services.

Mr. Campos explained what that with this extension, CR&R would include street sweeping. Council member Ellett asked if the new location was within city limit and Mr. Campos explained that it is within city limits. Council member Marroquin explained that she was not comfortable moving forward with this extension and asked if the city had received other proposals from other agencies.

Mr. Campos explained that changing companies would be a big overhaul. The city attorney explained that this contract was revised in 2022. Changes were made to meet the state requirements to meet state law and to bring the contract up to date. This contract is for five years. Council member Camarena asked about the status of the new facility and where the grant funding was coming from to complete the construction. Mr. Campos explained the CR&R is in the process of accepting bids for the construction of the new building. Mr. Dean Ruffridge explained that there are no grant funds, it is only private institutions investment and his bank has approved the construction project and all permits have been requested from the City of El Centro. Mr. Ruffridge explained the difference between electric trucks versus natural gas.

Book 37

Motion by Ellett, second by Camarena, adoption of Resolution No. 25-15, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO REGARDING AN EXTENSION OF THE CR&R

FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING AND DISPOSAL AND NOTICE TO THE CONTRACTOR THEREOF.

AYES: Ellett, Carter, Camarena
NOES: Marroquin
ABSENT: None
ABSTAINED: None

14. Motion by Ellett, second by Camarena, approval of community sponsorship request from Change Makers in the amount of $500.

AYES: Ellett, Marroquin, Camarena
NOES: None
ABSENT: None
ABSTAINED: Carter
LEGISLATIVE ACTION:
14a. Moved by Ellett, second by Marroquin – To add legislative letter of opposition SB634 (Perez) Homelessness: Civil and Criminal Penalties.

Motion by Ellett, second by Marroquin to Ratify Letter of Opposition – SB 634 (Perez) Homelessness:

Civil and Criminal Penalties
AYES: Ellett, Carter, Marroquin, Camarena
NOES: None
ABSENT: None
ABSTAINED: None
14b. Moved by Camarena, second by Carter – To add letter of support for San Diego State University to reject the Governor’s proposed budget cuts of 7.95 percent each to the California State University (CSU) and the University of California (UC) system.

Motion by Camarena, second by Carter to Ratify Letter of Support – San Diego State University to reject the Governor’s proposed budget cuts of 7.95 percent each to the California State University (CSU) and the University of California (UC) system.

AYES: Carter, Marroquin, Camarena
NOES: None
ABSENT: None
ABSTAINED: Ellett
INFORMATION ITEMS:

15. Received notice of Application Southern California Gas Company request to increase rates and revenues for the cost of Capital proceeding Application filing A.25-03-11.

TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Council Members reported on their activities since last City Council meeting and upcoming events.

Book 37

CITY MANAGER REPORT
Reported on recent activities.

ADJOURNMENT
With no further business the meeting was adjourned at 9:22 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sonia Carter, Mayor

Book 37

SPECIAL MEETING

EL CENTRO CITY COUNCIL

CITY HALL, CONFERENCE ROOM A
1275 MAIN STREET, EL CENTRO, CA
WEDNESDAY, APRIL 16, 2025, 5:30 P.M.

OPEN SESSION
The El Centro City Council met in a special meeting on Wednesday, April 16, 2025 at 5:30 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Ellett, Carter, Marroquin, Camarena
City Clerk Wyles, Interim City Manager Paramo, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Council Member Marroquin and Invocation was given by Council Member Ellett.

PUBLIC COMMENTS:

Speaker: Frances Beope.

NEW BUSINESS

1. Appointment Process to fill a City Council Vacancy was introduced and explained by Interim City Manager Daniel Paramo.

2. Conduct interviews of the City Council Candidate. Each candidate will be given three (3) minutes to provide his/her own statement or presentation.

Each City Council member asked the same question to the candidates. The questions were the following:

Mayor Pro-Tem Carter: What are the most pressing issues facing our city, and how would you approach them?
Council Member Camarena: The City of El Centro is a charter city operating under a councilCity Manager form of government, with the city council acting as the legislative body of the city. The City Council is the visionary policy maker and staff is responsible for the implementation of the council policies. What is your understanding of the Council – City Manager form of government and how would you ensure the roles are maintained and respected?
Sylvia Marroquin: City Council members often have to make difficult decisions that may not always be popular. How would you handle disagreements with constituents, fellow council members, or city staff? Marty Ellett: As a potential City Council member, how do you approach tough moral or ethical decisions? When you’re faced with competing interests or difficult choices, how do you decide what’s truly the right thing to do for the community?

Book 37

Mayor Pro-Tem announced that the candidates were terminated by drawing lots.

The candidates interviewed were: Michael Crankshaw
Raymond Loera
Carlos Ramirez
Edgard Garcia
Richard Lopez
David Dhillon
Jason Jackson
Mayor Pro-Tem thanked all the candidates, the city clerk, city attorney and city manager for all the work that it took to prepare for today’s meeting/interviews.

Mayor Pro-Tem Carter asked if anyone had a public comment and there were none.

City Council recessed at 7:18 pm and reconvened at 7:40 pm with all Council Members present.

Mayor Pro-Tem Carter asked all Council members who was their top candidate. Council member Marroquin top candidate was Raymond Loera. Council Members Camarena top choice was Richard Lopez. Council Member Ellett top choice was Michael Crankshaw. Mayor Pro-Tem Carter’s top choice was Michael Crankshaw.

Council members deliberated regarding their top candidates and discussed why the candidate was their top choice.

MOTION FOR APPOINTMENT:

Motion by Ellett, second by Camarena, to appoint Michael Crankshaw as a City Council member.

AYES: Ellett, Carter, Marroquin, Camarena
NOES: None
ABSENT: None
ASTAINED: None

ADJOURNMENT
With no further business the meeting was adjourned at 7:58 p.m. ____________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Sonia Carter, Mayor Pro-Tem

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

SUBMITTED
ACTION ITEM (ID # 2025-116)
Item: 7.

Meeting: 5/20/2025 4:00 PM
Department: Community Development
Category: Ordinance
Prepared by: Angel Hernandez,
Community Development Director
Department Head: Angel Hernandez
DOC ID: 2025-116
Public hearing regarding an ordinance extending the moratorium on tobacco retail shops.

CITY MANAGER'S RECOMMENDATION:

Introduce Ordinance No. 25- , AN URGENCY ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EL CENTRO, CALIFORNIA, EXTENDING AN INTERIM MEASURE

IMPOSING A CITYWIDE MORATORIUM ON THE ESTABLISHMENT OF NEW AND

RELOCATION OR PHYSICAL EXPANSION OF EXISTING TOBACCO RETAIL SHOPS,

AND RENEWAL OR ISSUANCE OF NEW BUSINESS LICENSES FOR TOBACCO RETAIL SHOPS WITHIN THE CITY.

FISCAL IMPACT:

There is no direct fiscal impact associated with this Ordinance. Indirectly, a moratorium may prevent additional strain on code enforcement, police resources, and neighborhood services by halting new or expanded uses linked to frequent enforcement needs and could reduce minimal business license tax revenue.

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.:

Not Applicable
BACKGROUND:

On April 8, 2025, the City Council adopted Urgency Ordinance No. 25-02, establishing a citywide moratorium on the opening or expansion of tobacco retail shops. The moratorium was adopted in response to community concerns regarding thier apparent connection to criminal activity, public nuisance conditions, and the degradation of neighborhood quality.

Additional background information is provided in the staff report attached as Exhibit A – 4- 8-2025 Staff Report.

DISCUSSION:

The urgency ordinance initially established a 45-day moratorium. The City Council may extend the moratorium for an additional 10 months and 15 days. Before the conclusion of this first extension, the Council may also approve a second and final extension for up to one additional year. Each extension requires a four-fifths vote of the City Council.

The proposed extension period will allow City staff time to study the impact of tobacco

retail shops and consider comprehensive zoning and regulatory measures to address their effects on the community. An ordinance extending the current moratorium for an additional 10 months and 15 days is attached as Exhibit B – Ordinance.

CONCLUSION:

Introduce Ordinance No. 25- , AN URGENCY ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EL CENTRO, CALIFORNIA, EXTENDING AN INTERIM MEASURE

IMPOSING A CITYWIDE MORATORIUM ON THE ESTABLISHMENT OF NEW AND

RELOCATION OR PHYSICAL EXPANSION OF EXISTING TOBACCO RETAIL SHOPS,

AND RENEWAL OR ISSUANCE OF NEW BUSINESS LICENSES FOR TOBACCO RETAIL SHOPS WITHIN THE CITY.

ATTACHMENTS:

1. Exhibit A - 4-8-2025 Staff Report

2. Exhibit B - Ordinance

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

SUBMITTED
ACTION ITEM (ID # 2025-96)
Item: 2.

Meeting: 4/8/2025 3:30 PM
Department: Community Development
Category: Ordinance
Prepared by: Angel Hernandez,
Community Development Director
Department Head: Elizabeth Martyn,
Angel Hernandez
DOC ID: 2025-96
Discussion and any necessary action regarding an urgency ordinance of the City Council of the City of El Centro, California, adopting an interim measure imposing a citywide moratorium on the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops within the City.

CITY MANAGER'S RECOMMENDATION:

Adopt Urgency Ordinance No. 25- , ESTABLISHING A TEMPORARY 45-DAY

MORATORIUM ON THE ESTABLISHMENT, EXPANSION, REESTABLISHMENT, OR

RELOCATION OF TOBACCO RETAIL SHOPS AND THE ISSUANCE OR RENEWAL OF

BUSINESS LICENSES FOR SUCH BUSINESSES WITHIN THE CITY, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858(a).

FISCAL IMPACT:

There is no direct fiscal impact associated with this Ordinance. Indirectly, a moratorium may prevent additional strain on code enforcement, police resources, and neighborhood services by halting new or expanded uses linked to frequent enforcement needs and could reduce minimal business license tax revenue.

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.:

Not Applicable
BACKGROUND:

In recent years, the City has experienced a proliferation in tobacco retail shops, including near residential neighborhoods, parks, and the Downtown area. Many of these businesses sell tobacco products, electronic cigarettes, vaping devices, and related paraphernalia. As shown on Exhibit A - Site Photographs, these businesses have become a source of growing concern among residents and business owners due to their apparent connection to criminal activity, public nuisance conditions, and the deterioration of neighborhood quality.

City staff and law enforcement have documented recurring calls for service to several of these locations, including incidents involving theft, loitering, vandalism, and drug-related offenses (see Exhibit B - PD Call Logs). Additionally, many of these businesses have become informal gathering spots for transient individuals, further contributing to safety concerns and visible signs of blight (see Exhibit A - Site Photographs).

EXHIBIT A - 4-8-2025 STAFF REPORT

The City’s current zoning and licensing regulations are not equipped to effectively regulate the siting, density, or operational impacts of tobacco retail shops. Without interim restrictions, there is a significant risk that more of these businesses will open, relocate, or expand, compounding existing problems and undermining the City’s ability to develop a comprehensive and effective policy response. Tobacco retails shops are a permitted use by right in the CD-Downtown Commercial Zone, CG-General Commercial Zone, and CHHeavy Commercial Zone. This allows them to operate without special review or approval, such as a conditional use permit, as long as they comply with the zoning ordinance and other applicable regulations.

DISCUSSION:

The proposed urgency ordinance, adopted pursuant to Government Code § 65858, would impose a temporary, citywide moratorium on the establishment, expansion, reestablishment, or relocation of tobacco retail shops and on the issuance or renewal of business licenses for such uses. The moratorium would apply across all zoning districts and would remain in effect for 45 calendar days unless extended. At the end of the initial 45-day period, the ordinance may be extended by the City Council for an additional 10 months and 15 days, and subsequently for one more year, provided that each extension is preceded by public notice, a public hearing, and adopted by a four-fifths vote.

Alternatively, the Council may adopt a single extension of up to 22 months and 15 days following the initial 45-day period, also requiring public notice, a hearing, and a four-fifths vote.

The Ordinance contains the following key components:
• Prohibits new applications, approvals, or the issuance of business licenses for tobacco retail shops.
• Freezes any expansion or relocation of existing tobacco retail shops not lawfully operating as of the date of adoption.
• Exempts tobacco retail shops that are currently and lawfully operating with an active City business license or that have made tenant improvements or made substantial financial commitments.
• Directs staff to conduct a study analyzing the land use and public safety impacts of tobacco retailers and to consider zoning amendments, development standards, or business license regulations to address the negative impacts of such businesses, including potential zoning changes.

This urgency ordinance is necessary to preserve the status quo while the City evaluates appropriate long-term land use and regulatory responses to community concerns. Absent this temporary moratorium, an unchecked increase in tobacco retail shops could worsen the already observed impacts.

CONCLUSION:

Adopt Urgency Ordinance No. 25- , establishing a temporary 45-day moratorium on the establishment, expansion, reestablishment, or relocation of tobacco retail shops and the issuance or renewal of business licenses for such businesses within the City, pursuant to California Government Code Section 65858(a).

ATTACHMENTS:

1. Exhibit A - Photographs

EXHIBIT A - 4-8-2025 STAFF REPORT

2. Exhibit B - Call Logs

3. Exhibit C - Ordinance 25- 02 Urgency Ordinance Moratorium on Tobacco Retail Shops Final

EXHIBIT A - 4-8-2025 STAFF REPORT

541 W Main St.—Piecekeeker Glass Shop
Site Photographs
690 W Main St. - Deluxe Vapes

EXHIBIT A - 4-8-2025 STAFF REPORT

201 S 5th St. - Good Times Smoke Shop
Site Photographs
425 W Main St.— Main St. Smoke

EXHIBIT A - 4-8-2025 STAFF REPORT

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EXHIBIT A - 4-8-2025 STAFF REPORT

04/2025/cdz/Ordinance/CityWideMoratoriumTobacco
RetailShops 1
ORDINANCE NO. 25-___

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO, CALIFORNIA, ADOPTING AN INTERIM

MEASURE IMPOSING A CITYWIDE MORATORIUM ON THE

ESTABLISHMENT OF NEW AND RELOCATION OR PHYSICAL

EXPANSION OF EXISTING TOBACCO RETAIL SHOPS, AND

RENEWAL OR ISSUANCE OF NEW BUSINESS LICENSES FOR

TOBACCO RETAIL SHOPS WITHIN THE CITY
WHEREAS, the City of El Centro (“City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to the City’s police power, the City Council of the City of El Centro (“City Council”) has the authority to enact and enforce ordinances and regulations to protect the public health, safety, and general welfare of the community; and WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, as an urgency measure, an interim ordinance that prohibits uses which may conflict with a contemplated general plan, specific plan, or zoning proposals that is being considered by the City Council, Planning Commission, or planning staff; and
WHEREAS, the City has received increasing community complaints regarding the proliferation of tobacco retail shops throughout the City and their negative impacts, including the attraction of transient activity, increased criminal incidents in and around such establishments, and deteriorating neighborhood character; and
WHEREAS, the City Council finds that the current overconcentration of tobacco retail shops within the City may contribute to public nuisances and quality-of-life issues that disproportionately impact vulnerable neighborhoods and burden law enforcement and code enforcement resources; and
WHEREAS, the City Council is further concerned that new tobacco retail establishments, expanding existing establishments and those seeking to reestablish operations after a lapse in business activity or to obtain business license renewals, may exacerbate these issues, absent a thorough policy review and regulatory framework; and
WHEREAS, in light of these concerns, the City Council finds it necessary to conduct a study on the impacts of tobacco retail shops and consider comprehensive zoning and regulatory measures to address their potential effects on the community; and WHEREAS, to preserve the public peace, health, safety, and welfare during this study period, the City Council desires to adopt a temporary, citywide moratorium on the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops within the City;

EXHIBIT A - 4-8-2025 STAFF REPORT

04/2025/cdz/Ordinance/CityWideMoratoriumTobacco
RetailShops 2
WHEREAS, during the moratorium period, as that may be extended by law, City staff will conduct a study on the impacts of tobacco retail shops and consider comprehensive zoning and regulatory measures to address their potential effects on the community; WHEREAS, if necessary, this moratorium may be extended as provided by law; WHEREAS, this Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858 and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are:

1. The City is concerned with the public nuisance and negative secondary impacts caused by the overconcentration and continued proliferation of tobacco retail shops within City, involving the following:
a. Over the past several years, the City has experienced a noticeable increase in applications for new tobacco retail establishments, as well as efforts to reopen previously closed or non-operational tobacco retail shops or to in accurate recharacterize such tobacco retail shops as other uses; b. City staff and law enforcement have observed that certain tobacco retail shops are frequently associated with increased calls for service related to theft, loitering, vandalism, and other criminal activity;
c. Several tobacco retail establishments have become gathering places for transient individuals, contributing to blight, public nuisance conditions, and negative impacts on surrounding neighborhoods and businesses;
d. The concentration of tobacco retail shops in certain areas of the City has raised significant concerns from community members, particularly regarding the potential sale of illegal paraphernalia, and the general decline in community character; e. The City currently lacks comprehensive zoning or regulatory mechanisms specifically tailored to address the siting, density, and operation of tobacco retail businesses, which impedes the City’s ability to proactively manage the associated impacts.

2. The City Council desires to investigate and study the land use and public safety impacts of tobacco retail shops and to develop potential zoning, business licensing, or other regulatory tools to address community concerns; and

3. Absent the adoption of this Ordinance, the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops within the city, may pose a serious threat to the public health, safety, and welfare; and

4. As a result, it is necessary to establish a temporary, forty-five (45) calendar day moratorium on the establishment of new and relocation or physical expansion of existing tobacco retail

EXHIBIT A - 4-8-2025 STAFF REPORT

04/2025/cdz/Ordinance/CityWideMoratoriumTobacco
RetailShops 3
shops, and renewal or issuance of new business licenses for tobacco retail shops within the City, pending the completion of the City’s study; and

5. In addition, it is necessary to prohibit, as a public nuisance, the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops for the duration of this Ordinance, or any extension thereof; and
WHEREAS, the City Council determines, by a four-fifths (4/5) vote, that this urgency ordinance is a matter of citywide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety, or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.

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

Section 1. Incorporation.

The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code.

Accordingly, this Ordinance shall become effective immediately upon adoption.

Section 2. CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review.

Section 3. Direction; Definition.

It is necessary to establish a temporary, forty-five (45) calendar day moratorium on the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops within the City, pending completion of the City’s study of the potential impacts and regulation of such uses, and possible amendments to the City’s zoning ordinance and related provisions of the City Municipal Code to ensure that adequate land use controls and business regulations are in place prior to permitting additional tobacco retail shops within the City. To that end, the City Manager is directed to analyze the appropriateness of allowing new or reestablished tobacco retail shops in the City, including but

EXHIBIT A - 4-8-2025 STAFF REPORT

04/2025/cdz/Ordinance/CityWideMoratoriumTobacco
RetailShops 4
not limited to, the desirability, concentration, proximity to sensitive land uses, and effectiveness of potential development standards and regulatory controls.

For purposes of this Ordinance:

Tobacco Retail Shop shall mean any retail establishment that sells, offers for sale, or distributes tobacco, tobacco products, electronic cigarettes or vaping products, smoking paraphernalia, or any component, part, or accessory of a tobacco product, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, rolling papers, pipes, hookahs, e-cigarettes, vape pens, or cartridges.

This moratorium shall not be interpreted as affecting the operation of any:

1. Legally established and currently operating tobacco retail shops that maintain a valid and active business license with the City; or

2. Tobacco retail shops for which a business license has already been issued, and in good faith reliance on such issuance, substantial preparations toward opening have occurred, including but not limited to tenant improvements or substantial financial commitments.

Section 4. Moratorium Established.

In accordance with the authority granted to the City by California Government Code Section 65858, and for the reasons set forth hereinabove, commencing as of the effective date of this Ordinance and continuing thereafter for a period of forty-five (45) calendar days, no approvals may be made or issued by the City, its officers, or employees for any applications for the establishment, expansion or reestablishment of tobacco retail shops, or the issuance or renewal of any business license permits within City limits. For the duration of this Ordinance, or any extension thereof, tobacco retail shops as defined herein shall be considered a prohibited use in all zoning districts of the City, and neither the City Council nor City staff shall approve any related zoning, licensing, or permitting requests for such uses.

Section 5. Prohibition.

No person shall commence the establishment, expansion, relocation or reestablishment of a tobacco retail shop, or apply for or obtain the issuance or renewal of a business license for a tobacco retail shop, within the City limits during the period this Ordinance is in effect, unless otherwise expressly exempted by this Ordinance.

Section 6. Violation as a Public Nuisance.

The establishment, expansion, relocation or reestablishment of a tobacco retail shop, or the issuance or renewal of a business license for such use, within the City during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety, and welfare. A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief, as well as any other available civil remedies. Additionally, any

EXHIBIT A - 4-8-2025 STAFF REPORT

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RetailShops 5
person that violates this Ordinance may be subject to the City’s applicable general penalties and administrative remedies.

Section 7. Severability.

The City Council hereby declares that should any section, paragraph, sentence, phrase, term, or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections or provisions had been declared invalid or unconstitutional.

Section 8. Report.

The City Manager is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858, describing the measures taken to alleviate the condition which led to adoption of this Ordinance, for presentation to the City Council no later than ten (10) days prior to the expiration of this Ordinance.

Section 9. Effective Date; Four-Fifths Vote Required.

This Ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths (4/5) vote of the total membership of the City Council and shall remain in effect for forty-five (45) days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858.

Section 10. Publication.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City.

INTRODUCED , PASSED AND ADOPTED by the City Council as an urgency ordinance at a special meeting of the City Council of the City of El Centro, California, held on the 8th day of April, 2025.

By______________________________
Sonia Carter, Mayor Pro-Tem

EXHIBIT A - 4-8-2025 STAFF REPORT

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RetailShops 6
ATTEST:

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

Office of the City Attorney
By ___________________________
Elizabeth Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Urgency Ordinance No. 25- was duly and regularly adopted at a special meeting of the City Council of the City of El Centro, California, held on the 8th day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

EXHIBIT A - 4-8-2025 STAFF REPORT

EXHIBIT B - ORDINANCE
05/2025/Ordinance/ExterndingInterimCitywide
TobaccoMoratorium 1
ORDINANCE NO. 25-02

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO, CALIFORNIA, EXTENDING AN INTERIM

MEASURE IMPOSING A CITYWIDE MORATORIUM ON THE

ESTABLISHMENT OF NEW AND RELOCATION OR PHYSICAL

EXPANSION OF EXISTING TOBACCO RETAIL SHOPS, AND

RENEWAL OR ISSUANCE OF NEW BUSINESS LICENSES FOR

TOBACCO RETAIL SHOPS WITHIN THE CITY
WHEREAS, the City of El Centro (“City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to the City’s police power, the City Council of the City of El Centro (“City Council”) has the authority to enact and enforce ordinances and regulations to protect the public health, safety, and general welfare of the community; and WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, as an urgency measure, an interim ordinance that prohibits uses which may conflict with a contemplated general plan, specific plan, or zoning proposals that is being considered by the City Council, Planning Commission, or planning staff and thereafter to extend the moratorium for an additional ten months and 45 days for up to a total of one year; and WHEREAS, the City continues to receive community complaints regarding the proliferation of tobacco retail shops throughout the City and their negative impacts, including the attraction of transient activity, increased criminal incidents in and around such establishments, and deteriorating neighborhood character; and
WHEREAS, the City Council finds that the current overconcentration of tobacco retail shops within the City contributes to public nuisances and quality-of-life issues that disproportionately impact vulnerable neighborhoods and burden law enforcement and code enforcement resources; and
WHEREAS, the City Council remains concerned that new tobacco retail establishments, expanding existing establishments and those seeking to reestablish operations after a lapse in business activity or to obtain business license renewals, may exacerbate these issues, absent a thorough policy review and regulatory framework; and
WHEREAS, in light of these concerns, the City Council finds it necessary to consider comprehensive zoning and regulatory measures to address the impacts of retail tobacco shops and their potential effects on the community; and
WHEREAS, to preserve the public peace, health, safety, and welfare during this study period, the City Council now desires to extend the citywide moratorium on the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops within the City; and

EXHIBIT B - ORDINANCE
05/2025/Ordinance/ExterndingInterimCitywide
TobaccoMoratorium 2
WHEREAS, during the extended period, City staff will continue to conduct a study on the impacts of tobacco retail shops and consider comprehensive zoning and regulatory measures to address their potential effects on the community; and
WHEREAS, California Government Code section 65858, subsection (a) provides that, after notice pursuant to Government Code section 65090 and public hearing, the City Council may extend urgency Ordinance no. 25-02 for ten (10) months and fifteen (15) days and subsequently extend Ordinance 25-02 for one (1) year. Pursuant to Government Code section 65858, any extension requires a four-fifths vote for adoption and no more than two (2) extensions may be adopted; and
WHEREAS, this Ordinance is such extension of Ordinance 25-02 ordinance adopted on pursuant to the authority granted to the City by Government Code Section 65858 for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are:

1. The City is concerned with the public nuisance and negative secondary impacts caused by the overconcentration and continued proliferation of tobacco retail shops within City, involving the following:
a. Over the past several years, the City has experienced a noticeable increase in applications for new tobacco retail establishments, as well as efforts to reopen previously closed or non-operational tobacco retail shops or to in accurate recharacterize such tobacco retail shops as other uses; b. City staff and law enforcement have observed that certain tobacco retail shops are frequently associated with increased calls for service related to theft, loitering, vandalism, and other criminal activity;
c. Several tobacco retail establishments have become gathering places for transient individuals, contributing to blight, public nuisance conditions, and negative impacts on surrounding neighborhoods and businesses;
d. The concentration of tobacco retail shops in certain areas of the City has raised significant concerns from community members, particularly regarding the potential sale of illegal paraphernalia, and the general decline in community character; e. The City currently lacks comprehensive zoning or regulatory mechanisms specifically tailored to address the siting, density, and operation of tobacco retail businesses, which impedes the City’s ability to proactively manage the associated impacts.

2. The City Council desires to continue to investigate and study the land use and public safety impacts of tobacco retail shops and to develop potential zoning, business licensing, or other regulatory tools to address community concerns; and

EXHIBIT B - ORDINANCE
05/2025/Ordinance/ExterndingInterimCitywide
TobaccoMoratorium 3

3. Absent the adoption of this Ordinance, the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops within the city, may pose a serious threat to the public health, safety, and welfare; and

4. As a result, it is necessary to establish a temporary, forty-five (45) calendar day moratorium on the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops within the City, and

5. In addition, it is necessary to prohibit, as a public nuisance, the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business licenses for tobacco retail shops for the duration of this Ordinance, or any extension thereof; and
WHEREAS, the City Council determines, by a four-fifths (4/5) vote, that this urgency ordinance is a matter of citywide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety, or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.

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

Section 1. Incorporation.

The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code.

Accordingly, this Ordinance shall become effective immediately upon adoption.

Section 2. CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review.

Section 3. Direction; Definition.

It is necessary to establish a moratorium on the establishment of new and relocation or physical expansion of existing tobacco retail shops, and renewal or issuance of new business

EXHIBIT B - ORDINANCE
05/2025/Ordinance/ExterndingInterimCitywide
TobaccoMoratorium 4
licenses for tobacco retail shops within the City, pending completion of the City’s study of the potential impacts and regulation of such uses, and possible amendments to the City’s zoning ordinance and related provisions of the City Municipal Code to ensure that adequate land use controls and business regulations are in place prior to permitting additional tobacco retail shops within the City. To that end, the City Manager is directed to analyze the appropriateness of allowing new or reestablished tobacco retail shops in the City, including but not limited to, the desirability, concentration, proximity to sensitive land uses, and effectiveness of potential development standards and regulatory controls.

For purposes of this Ordinance:

Tobacco Retail Shop shall mean any retail establishment that sells, offers for sale, or distributes tobacco, tobacco products, electronic cigarettes or vaping products, smoking paraphernalia, or any component, part, or accessory of a tobacco product, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, rolling papers, pipes, hookahs, e-cigarettes, vape pens, or cartridges.

This moratorium shall not be interpreted as affecting the operation of any:

1. Legally established and currently operating tobacco retail shops that maintain a valid and active business license with the City; or

2. Tobacco retail shops for which a business license has already been issued, and in good faith reliance on such issuance, substantial preparations toward opening have occurred, including but not limited to tenant improvements or substantial financial commitments.

Section 4. Moratorium Established.

In accordance with the authority granted to the City by California Government Code Section 65858, and for the reasons set forth hereinabove, commencing as of the effective date of this Ordinance and continuing thereafter for a period of ten months and forty-five calendar days, and thereafter for one year, no approvals may be made or issued by the City, its officers, or employees for any applications for the establishment, expansion or reestablishment of tobacco retail shops, or the issuance or renewal of any business license permits within City limits. For the duration of this Ordinance, or any extension thereof, tobacco retail shops as defined herein shall be considered a prohibited use in all zoning districts of the City, and neither the City Council nor City staff shall approve any related zoning, licensing, or permitting requests for such uses.

Section 5. Prohibition.

No person shall commence the establishment, expansion, relocation or reestablishment of a tobacco retail shop, or apply for or obtain the issuance or renewal of a business license for a tobacco retail shop, within the City limits during the period this Ordinance is in effect, unless otherwise expressly exempted by this Ordinance.

Section 6. Violation as a Public Nuisance.

EXHIBIT B - ORDINANCE
05/2025/Ordinance/ExterndingInterimCitywide
TobaccoMoratorium 5
The establishment, expansion, relocation or reestablishment of a tobacco retail shop, or the issuance or renewal of a business license for such use, within the City during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety, and welfare. A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief, as well as any other available civil remedies. Additionally, any person that violates this Ordinance may be subject to the City’s applicable general penalties and administrative remedies.

Section 7. Severability.

The City Council hereby declares that should any section, paragraph, sentence, phrase, term, or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections or provisions had been declared invalid or unconstitutional.

Section 8. Report.

The Interim City Manager is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858, describing the measures taken to alleviate the condition which led to adoption of this Ordinance, for presentation to the City Council no later than ten (10) days prior to the expiration of this Ordinance.

Section 9. Effective Date; Four-Fifths Vote Required.

This Ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths (4/5) vote of the total membership of the City Council and shall remain in effect for the time set out above.

Section 10. Publication.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City.

INTRODUCED, PASSED, AND ADOPTED by the City Council as an urgency ordinance at a special meeting of the City Council of the City of El Centro, California, held on the 20th day of May, 2025.

EXHIBIT B - ORDINANCE
05/2025/Ordinance/ExterndingInterimCitywide
TobaccoMoratorium 6

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 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 Urgency Ordinance No. 25-02 was duly and regularly adopted at a special meeting of the City Council of the City of El Centro, California, held on the 20th day of May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

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 # 2025-157)
Item: 8.

Meeting: 5/20/2025 4:00 PM
Department: Public Works
Category: Presentation
Prepared by: Elizabeth Zarate, Analyst
Department Head: Abraham Campos
DOC ID: 2025-157
RCAC Presentation - Water/Sewer Project Cross Road and Villa Ave CITY MANAGER'S RECOMMENDATION:

Presentation only.

FISCAL IMPACT:

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.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. Cross Road Villa Ave Project_El Centro City - Presentation

Cross Road & Villa Ave Water and Sewer Project
El Centro City Council Information Item
May 20, 2025

Today’s Presenters
Abilene Runyan
Small Utility Project Manager
[email protected]
(805) 856-8725
2 Itzel Vasquez-Rodriguez
Small Utility Project Manager
[email protected]
(562) 896-6171

3

RCAC Programs
Affordable housing
Community facilities
Lending opportunities (Loan Fund)
Classroom and online training
On-site technical assistance
Median Household Income (MHI) surveys
4

Project Background
5 Cross Road & Villa Ave Community
• Located along the northern edge
of the City of El Centro at the
corners of Cross Rd and Villa Ave
in unincorporated Imperial
County
• 30 residential parcels, about 126
residents
• 3 vacant lots; 3 vacant homes
• MHI: $28,478 per 2023 income
survey City of El Centro boundary outlined in red.

Approximate project area circled in black dash.

City of El Centro Development Map
Project area

Project Background
6 Project area outlined in blue. City of El Centro boundary outlined by red dash line.

Photo provided by NV5 Engineering
Project area
City of El Centro (approx)

Project Background
7 Drinking Water
• Receives non-potable and untreated canal
water from the Imperial Irrigation District
• Lack of water has caused property
abandonment
• Raw water leaks from private canal blockages
• Residents experiencing skin rashes after
bathing
Wastewater
• Residents are on aging, failing, and collapsing
septic systems
Example of debris in private canals.

Photo provided by Dania Jimmerson, 2022

Project Background
8 Abandoned building on Villa Ave due
to lack of water supply. RCAC 2025
Abandoned water storage tank
due to lack of water supply on Villa
Ave. RCAC 2025
Failed septic system on Cross Rd and Villa
Ave. RCAC 2025

Past Technical Assistance
9 2022 2023 2023

DWSRF/CWSRF Project & Funding Process
10 Initial outreach &
Median Household
Income Survey
Engineering Planning & Design
/ DWSRF Project Application
Packages
Submit
DWSRF
Application
to the State
Construction New
Service
2023 2024 2025 2026 2027 2028 2029 2030
Under RCAC Technical Assistance
Workplan
• Funded by SAFER & Septic2Sewer
work plans; no cost to El Centro
Under Funding Agreement with the
City of El Centro
• Staff time can be reimbursed
• Grant funds provided on
reimbursement basis
• RCAC can provide bridge loans if
necessary
SWRCB Division of
Financial Assistance
review - 9-18 months
*Timeline is preliminary and subject to change

Project Outcomes
• The City of El Centro may receive incentive or additional funding in the grant process for the City’s capital improvement needs
• Increased customer base for the City
• Ensure reliable drinking water and wastewater systems for a community in need • Reduces potential failures of septic systems in the area • Increases property value in the community
• Community is in the City of El Centro's sphere of influence 11 The Cross Road & Villa Ave Community is interested in obtaining drinking water and sewer services from the City of El Centro

City of El Centro City Council Involvement
• Lead applicant for project
application
• Application packages
require a resolution
• Monthly project meetings
12 Image from: El Centro City Council | Meet the El Centro City Council

Upcoming Project Events
• Monthly Meetings: 1
st Thursdays 1-
2pm on Microsoft Teams
• Community Meeting: June 30th, 4pm
in-person and via zoom
• Contact: Itzel Vasquez-Rodriguez,
[email protected]
(562) 896-6171
13

Thank you!
Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. 14

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

SUBMITTED
ACTION ITEM (ID # 2025-120)
Item: 9.

Meeting: 5/20/2025 4:00 PM
Department: Community Services
Category: Resolution
Prepared by: Adriana Nava,
Community Services Director
Department Head: Rebecca Corfman,
Adriana Nava
DOC ID: 2025-120
Discussion and related action regarding scholarships for discounted youth swim lessons and free public swim admission.

CITY MANAGER'S RECOMMENDATION:

1. Adopt Resolution No. 25-____, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A FREE SWIM ADMISSION PROGRAM FOR YOUTH 17 YEARS OF AGE AND YOUNGER FOR SUMMER 2025 AND ESTABLISHING PROGRAM PARAMETERS.
and

2. Adopt Resolution No. 25-_____, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A FREE SWIM ADMISSION PROGRAM FOR YOUTH 17 YEARS OF AGE AND YOUNGER FOR SUMMER 2025 AND ESTABLISHING PROGRAM PARAMETERS.

FISCAL IMPACT:

Staff has applied for and received an LA84 grant in the amount of $60,000. A total of $17,500 was granted for learn to swim scholarships and $42,500 for lifeguard personnel.

An additional grant has been sought by Staff through the Red Cross and has been granted in the amount of $17,500 for learn to swim scholarships. Lastly, it is anticipated the IID will be granting $5,000 for aquatic activities.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Recreation & Lifelong Learning
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:

The City of El Centro strives to provide equitable and accessible recreational opportunities for all residents, especially youth. Promoting youth participation in aquatic programs encourages health, safety, and community engagement.

The City has secured grant funding that enables the implementation of a Free Swim Admission Program at the El Centro Aquatic Center during the 2025 summer season.

The Free Swim Admission Program is intended to assist families who may experience financial barriers to recreational participation. Based on poverty levels, unemployment rates, and participation in public assistance programs within the City of El Centro, this program will prioritize access for low-income and underserved youth.

Eligible participants will be allowed free admission to general public swim sessions at the Aquatic Center from Memorial Day (May 26, 2025) through Labor Day (September 2, 2025).

DISCUSSION:

To ensure the program is implemented in an orderly and effective manner, staff recommends the following program parameters. However, the City Council retains the discretion to suggest and adopt alternative recommendations.

PROGRAM PARAMETERS:

Eligibility Requirements:

Youth aged 17 and younger.

Proof of household eligibility through participation in programs such as Free/ReducedPrice School Lunch, CalFresh (SNAP), Medi-Cal, TANF, Section 8 Housing Assistance, or household income at or below 80% of the Area Median Income (AMI).

Proof of El Centro residency or enrollment in an El Centro school.

Application Process:

Applicants must submit a completed Free Swim Application Form, attached for reference.

Applications will be reviewed on a first-come, first-served basis.

Free swim admission awards are contingent upon available grant funding.

Awarded admissions are non-transferable and non-exchangeable.

Program Limitations:

Valid only for public swim sessions which are Thursday through Sunday.

Does not apply to special events, private rentals, or swim lesson enrollments unless otherwise designated.

The City reserves the right to adjust or discontinue the program if funding becomes unavailable.

Program Administration:

The City Manager or designee is authorized to oversee program administration and make necessary operational adjustments.

CONCLUSION:

Adopt Resolution No. 25-____, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A FREE SWIM ADMISSION PROGRAM FOR YOUTH 17 YEARS OF AGE AND YOUNGER FOR SUMMER 2025 AND ESTABLISHING PROGRAM PARAMETERS.
and

2. Adopt Resolution No. 25-_____, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A FREE SWIM ADMISSION PROGRAM FOR YOUTH 17 YEARS OF AGE AND YOUNGER FOR SUMMER 2025 AND ESTABLISHING PROGRAM PARAMETERS.

ATTACHMENTS:

1. Resolution_Swim Lesson Discount

2. Resolution_SwimAdmission

3. 2025 Aquatic Free or Reduced Swim Application

05/2025/A25-0074/Reso/ReducedCostSwimLessonProg 1
RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING THE REDUCED-COST SWIM LESSON
PROGRAM AND ESTABLISHING PROGRAM PARAMETERS.

WHEREAS, the City of El Centro is committed to promoting access to swim instruction as a critical life skill and public safety resource for all youth; and WHEREAS, encouraging participation in swim lessons supports the City’s goals of Recreation and Lifelong Learning, enhancing community health, safety, and well-being; and WHERAS, the City recognizes that financial limitations can prevent participants in enrolling themselves or children in swim lessons, and desires to establish a Reduced-Cost Swim Lesson Program for eligible youth ages 17 and under during the Summer 2025 season; and WHEREAS, it is the intent of the City to implement fair and accessible eligibility criteria to prioritize participation among low-income and underserved populations; and WHEREAS, funding for Reduced Swim Lessons will be made available through grant contributions from the LA84 Foundation and American Red Cross Centennial Campaign, and any other funding available for scholarships; and
WHEREAS, the City has developed an application process to determine eligibility, based on the criteria including, but not limited to:
• Participation in public assistance programs such as CalFresh (SNAP), Medi-Cal, Section 8 Housing, or TANF (Temporary Assistance for Needy Families.) • Total household income at or below $52,600 annually

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

1. That the City Council hereby approves the establishment of a Reduced-Cost Swim Lesson Program for enrolled participants at the El Centro Aquatic Center for the Summer 2025 season.

2. That the swim lesson program will offer eligible families a discounted registration rate, with $35 of the $45 lesson fee subsidized through grant funding, and a $10 fee required from the participant.

3. That City staff are authorized to administer a formal application process to determine eligibility based on the approved criteria outlined above.

4. That scholarships shall be awarded on a first-come, first-served basis, contingent upon the availability of funding.

5. That scholarships are non-transferable and may not be exchanged for cash value

05/2025/A25-0074/Reso/ReducedCostSwimLessonProg 2
credit toward other programs, or applied retroactively.

6. That City staff are authorized to make minor administrative adjustments to the program or eligibility requirements as necessary to ensure effective implementation, subject to availability of funds.

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 the 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

05/2025/cdz/A25-0074/Reso/FreeSwimAdmissionProgSummer25 1 RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A FREE SWIM ADMISSION PROGRAM FOR
YOUTH 17 YEARS OF AGE AND YOUNGER FOR SUMMER 2025
AND ESTABLISHING PROGRAM PARAMETERS.

WHEREAS, the City of El Centro is committed to providing accessible aquatic recreational opportunities for all El Centro youth residents; and WHEREAS, promoting youth participation in aquatic activities supports Recreation and Lifelong Learning, in health, safety and well-being; and WHERAS, the City recognizes that financial barriers can prevent youth from participating in public swim and desires to establish a Free Swim Program for eligible youth ages 17 and under during the Summer 2025 season; and
WHEREAS, it is the desire of the City to implement eligibility guidelines to prioritize access for low-income families and underserved youth populations; and WHEREAS, funding for the Free Swim Program will be made available through monies collected from the Friends of El Centro, El Centro Kiwanis Group and the Imperial Irrigation District – Dippy Duck Grant, and any other funding available for scholarships; and WHEREAS, the City has developed an application process to determine eligibility, based on the criteria including, but not limited to:
• Proof of El Centro residency with an El Centro Water Bill or; • Current enrollment in an El Centro Elementary or Central Union High School District;
• Participation in public assistance programs such as CalFresh (SNAP), Medi-Cal, Section 8 Housing, or TANF (Temporary Assistance for Needy Families.) • Total household income at or below $52,600 annually
• Age verification for youth 17 years and under

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

1. That the City Council hereby approves the establishment of the Free Swim Program for Youth Ages 17 and Under for the Summer 2025 season at the El Centro Aquatic Center.

2. That the City Council authorizes the use of a formal application process, to be administered by City staff, to determine eligibility based on approved parameters.

3. That scholarships shall be awarded on a first-come, first-serve basis contingent upon the availability of funding.

05/2025/cdz/A25-0074/Reso/FreeSwimAdmissionProgSummer25 2

4. That approved scholarships will cover the daily swim admission fee for up to 14 visits per eligible youth designated public swim hours throughout the Summer 2025 Season, May 26 to September 7.

5. That scholarships are non-transferable and cannot be exchanged for other programs, services, or financial reimbursement and that admission through this program applies to general public swim hours only, Thursday – Sunday and during the scheduled Summer Movie Night Series.

6. City staff are authorized to make minor modifications to the application and eligibility process as necessary to administer the program efficiently, subject to availability of funds.

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. 20- was duly and regularly adopted at the 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

2025 Aquatic Activities Application
This form must be completed to be considered for Youth Free Swim Admission and/or Reduced-Cost Swim Lessons.

Please submit one application per participant.

Please select the following program you would like to be approved for. * Youth Free Summer Swim Admission - Youth Ages 17 and younger only Reduced - Cost Swim Lesson for Youth 6 months - 17 years Reduced - Cost Swim Lesson for Adults 18+
Participants Name *
First Name Last Name
Participants Age *
Participants Birthdate *
Month Day Year
Parent/Guardian Name (If over the age of 18, please put N/A): * Contact Number: *
Please enter a valid phone number.

Email Address (for confirmation): *
1

Residential Address *
Street Address
Street Address Line 2
City State / Province
Postal / Zip Code
Section #2: Eligibility Criteria
Please select all that apply. Proof may be requested upon approval. *
We receive CalFresh (SNAP), Medi-Cal, or TANF benefits (Temporary Assistance for Needy Families) We are enrolled in the Section 8 Housing Voucher Program Our total household income is at or below $52,600
Section #3: Documentation Upload
Section #4: Consent & Certification
*
I certify that the information provided is true and accurate to the best of my knowledge. I understand that submitting this application does not guarantee free swim admission and that eligibility will be confirmed by City of El Centro staff.
*
I understand that if awarded, this scholarship is non-transferable and cannot be exchanged or replaced for other programs or individuals.
2

*
I acknowledge that applications are reviewed on a first-come, first-served basis contingent upon the availability of funding.

Date *
Month Day Year
3

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

SUBMITTED
ACTION ITEM (ID # 2025-126)
Item: 10.

Meeting: 5/20/2025 4:00 PM
Department: City Clerk
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Sonia Carter
DOC ID: 2025-126
Discussion and any necessary action regarding City Council Assignments/ Committee Appointments.

CITY MANAGER'S RECOMMENDATION:

Approve City Council Assignments- City Council Appointments.

FISCAL IMPACT:

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.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. City Council Committees - Assignments

1 CITY COUNCIL COMMITTEES/ASSIGNMENTS
AGENDA ITEM WILL BE ADDRESSED AT THE COUNCIL MEETING.

2 CITY COUNCIL COMMITTEES/ASSIGNMENTS
AGENDA ITEM WILL BE ADDRESSED AT THE COUNCIL MEETING.

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

SUBMITTED
ACTION ITEM (ID # 2025-159)
Item: 11.

Meeting: 5/20/2025 4:00 PM
Department: City Clerk
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Sonia Carter
DOC ID: 2025-159
Discussion and any necessary action regarding the appointments to the Personnel Appeals Board to fill three (3) scheduled vacancies.

CITY MANAGER'S RECOMMENDATION:

Mayor's Recommendation: Approve three (3) appointments to the Personnel Appeals Board with terms ending April 15, 2029.

FISCAL IMPACT:

None
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.:

None
BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. Memo

2. Jerrod Sweet_Redacted

3. Rosalind P. Guerrero_Redacted

M E M O R A N D U M
TO: Sonia Carter, Mayor & City Council
FROM: Norma Wyles, City Clerk
RE: Personnel Appeals Board Vacancies
DATE: May 20, 2025
PERSONNEL APPEALS BOARD:

There are three (3) scheduled vacancies with new term expiring on April 15, 2029.

The following individual would like to be considered for re-appointment to this board:

1. Angie Peña

2. Elizabeth Cardenas
The following individuals would like to be considered for appointment:

1. Rosalind P. Guerrero

2. Jerrod Sweet

Education Background:

C'enb.\ Union High.

C \asses O TVC
� 1
+a '.Develop Sk'i\ls
Please list any special skills, civic or community involvement or memberships, interests, past El Centro Citizen Commissions you have served on, etc: (Use additional pages, if you desire.) MGM� '::t1ea.rs �o-l-h bM:Llcrz. r;:) Nel,.,.,) bcsi:o➔ J>nt"2= :CNS bek""41or-. Cc::-10kr (€.l CebHb ti C'AJeg,.'co) Additional comments: (Use addttional pages, if you desire) Please list three local references:

1. 1?a.�"' Gonzg..Les

2. :r�se -h-1.on-ha.no

3. Q{cu,d,"' c�veng.

NO NEGATIVE NOTIFICATION WILL BE MADE, AS VACANCIES ON COMMISSIONS ARE NOT PREDICTABLE AND THE CITY COUNCIL WOULD LIKE TO BE ABLE TO KEEP YOUR APPLICATION ON FILE FOR CONSIDERATION IN THE FUTURE. YOUR APPLICATION WILL BE RETAINED ON FILE FOR TWO (2) YEARS.

I am willing to fulfill all requirements of a Citizen Commissioner or Board Member. • I am willing to file financial disclosure statement (Form 700) a public record, as required by the State and the City's Conflict of Interest Code.
• I am willing to attend/complete the required two hours of State mandated Ethics training every two years. • I understand continued absences or failure to file a Statement of Economic Interest may be grounds for dismissal/automatic removal from office (Sec. 2-3, Code of the City of El Centro).

I hereby certify under penalty of disqualification and termination that I agree to all requirements mentioned above, and have provided correct and truthful information on this application.

Signatu� - Date:

PLEASE NOTE: Any information appearing on this application will be of public record and your application may appear on the City of El Centro website (Internet). If you do not wish for your application to be placed on the website (internet), please notify the City Clerk's Office.

Please return this application along with any supplemental sheets to the Office of the City Clerk, City Hall, 1275 Main Street, El Centro, CA 92243. Any questions, related to the application, please contact City Clerk's Office at 760-337-4515.

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

SUBMITTED
ACTION ITEM (ID # 2025-162)
Item: 12.

Meeting: 5/20/2025 4:00 PM
Department: City Manager
Category: Action Item
Prepared by: Cindy De Zilwa,
Management Assistant
Department Head: Abraham Campos
DOC ID: 2025-162
Letter of Support - SB 496, Advanced Clean Fleets
CITY MANAGER'S RECOMMENDATION:

Approve to submit a letter of support for SB 496 (Hurtado), Advanced Clean Fleets, requested by Public Works Director/City Engineer, Abraham Campos.

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:

On October 2023, CARB’s (California Air Resources Board) Advanced Clean Fleets (ACF) regulation took effect. This mandate, among other things, generally required a phased transition of medium-and heavy-duty fleets from internal combustion engines (ICEs) to zero-emission vehicles (ZEVs) by 2045. These regulations are having a significant effect on state and local government agencies, by increasing the amount of reporting required annually for all vehicles added to and removed from the state or local government agency’s fleet, and the development of the infrastructure needed to service these new technologies, while still meeting the same performance as current technologies.

Local agencies like ours continue to do our part in achieving the State’s climate and emissions goals. SB 496 will enable us to better meet this challenge and effectively navigate the current Advanced Clean Fleets (ACF) mandates and their associated ambitious compliance deadlines. SB 496 will provide some relief to local agencies by establishing an Appeals Advisory Committee, by which local agencies may request a review of exemption request denials. This ensures transparency while protecting due process for those seeking further review. SB 496 would update the emergency vehicle exemption, allowing those vehicles that respond to and support critical operations related to emergencies and disasters, often under austere conditions, to continue to protect our communities.

DISCUSSION:

This bill would require the state board to establish the Advanced Clean Fleets Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation.

SB 496 also promotes affordability amid rapid cost pressures on essential local services by

averting the costly acquisition of ZEVs before it is possible to install the infrastructure required to use them.

These improvements to the ACF will protect the health and safety of Californians, avoid unnecessary costs detrimental to our shared long-term goals, and ensure that local agencies can continue to work diligently to decarbonize their fleet operations and comply with the ACF without being penalized for factors beyond their control. These fleets provide the critical public services Americans rely on, including school buses, ambulances, fire trucks, police, mail delivery, public transit and road maintenance. A quarter of all the vehicles on the road nationally are in public and private fleets.

CONCLUSION:

Approve letter of support to be submitted in support of SB 496.

ATTACHMENTS:

1. Draft - Letter of Supprt SB 496

2. SB 496 Bill

May 20, 2025
The Honorable Catherine Blakespear, Chair
Senate Environmental Quality Committee
1021 O Street, Suite 7720
Sacramento, CA 95814
RE: SB 496 (Hurtado) – Advanced Clean Fleets
Dear Senator Blakespear:

On behalf of the City of El Centro, I am pleased to express our strong support for SB 496, introduced by Senator Melissa Hurtado. This bill represents a pragmatic and much-needed refinement to the California Air Resources Board’s (CARB) Advanced Clean Fleets (ACF) regulation.

El Centro and other cities across California are committed to the state’s environmental goals, including the transition to Zero Emission Vehicles (ZEVs). However, the current ACF regulation presents challenges for communities — particularly rural and underserved areas — that face infrastructure limitations, high vehicle costs, and unique service delivery needs during emergencies.

SB 496 helps address these concerns by establishing an Appeals Advisory Committee to allow local agencies to seek fair and transparent reviews of exemption denials. It also improves the Emergency Vehicle Exemption to ensure public safety personnel have access to reliable vehicles during disasters, while allowing for realistic timelines to develop the infrastructure necessary to support ZEVs.

These improvements will allow cities like ours to comply with state mandates while continuing to deliver essential services and respond effectively in times of crisis. SB 496 strikes an important balance between climate progress and public safety.

For these reasons, the City of El Centro is pleased to support SB 496, and urges its passage. For any questions, please contact Public Works Director/City Engineer, Abraham Campos, [email protected], or (760) 337-4505.

Sincerely,
Sonia Carter
Mayor

AMENDED IN SENATE APRIL 7, 2025
SENATE BILL No. 496
Introduced by Senator Hurtado
(Coauthors: Senators Archuleta and Niello)
(Coauthor: Assembly Member Alanis)
February 19, 2025
An act to add Article 6 (commencing with Section 43850) and Article

6.2 (commencing with Section 43860) to Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, relating to air resources. legislative counsel’s digest
SB 496, as amended, Hurtado. Advanced Clean Fleets Regulation:
appeals advisory committee: exemptions.

Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources.

Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced

98

Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances.

This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified governmental and nongovernmental entities. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board’s internet website. The bill would require the committee to consider, and make a recommendation on, an appeal of an exemption request denial no later than 60 days after the appeal is made. The bill would require specified information relating to the committee’s consideration of an appeal to be made publicly available on the state board’s internet website. The bill would require the state board to consider a recommendation of the committee at a public meeting no later than 60 days after the recommendation is made.

This bill would expand the emergency vehicle exemption under exempt from the Advanced Clean Fleets Regulation or any similar regulation, as specified. The bill, with respect to requirements applicable to state and local government fleets under the Advanced Clean Fleets Regulation, would modify the requirements of the daily usage exemption and regulation vehicles reasonably anticipated to respond to emergency situations, or that support those efforts. The bill would prohibit the state board from requiring the a state or local government fleet owner to provide documentation showing the an executed zero-emissions vehicle purchase agreement in order to qualify for a specified extension to comply with certain requirements of the regulation. count an internal combustion engine vehicle as a zero-emissions vehicle purchase for purposes of postponing a zero-emissions vehicle transition mandate in the Advanced Clean Fleets Regulation.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Article 6 (commencing with Section 43850) is line 2 added to Chapter 4 of Part 5 of Division 26 of the Health and Safety line 3 Code, to read:
98 SB 496 — 2 —

line 1 Article 6. Advanced Clean Fleets Regulation Appeals Advisory line 2 Committee
line 3
line 4 43850. For purposes of this article, the following definitions line 5 apply:
line 6 (a)  “Advanced Clean Fleets Regulation” means Article 3.2 line 7 (commencing with Section 2013) of, Article 3.3 (commencing line 8 with Section 2014) of, Article 3.4 (commencing with Section 2015) line 9 of, and Article 3.5 (commencing with Section 2016) of, Chapter line 10 1 of Division 3 of Title 13 of the California Code of Regulations. line 11 (b)  “Committee” means the Advanced Clean Fleets Regulation line 12 Appeals Advisory Committee established pursuant to Section line 13 43851.
line 14 (c)  “Electrical corporation” has the same meaning as defined line 15 in Section 218 of the Public Utilities Code.
line 16 43851. (a)  (1)  On or before ____, the state board shall line 17 establish the Advanced Clean Fleets Regulation Appeals Advisory line 18 Committee.
line 19 (2)  The committee shall review appeals of denied requests for line 20 exemptions or time extensions from the requirements of the line 21 Advanced Clean Fleets Regulation and make recommendations line 22 to the state board with respect to the denial of the exemption or line 23 time extension request.
line 24 (b)  The committee shall be composed of all of the following:
line 25 (1)  One representative of the state board who is appointed by line 26 the state board.
line 27 (2)  One representative of the Public Utilities Commission who line 28 is appointed by the Public Utilities Commission. line 29 (3)  One representative of the State Energy Resources line 30 Conservation and Development Commission who is appointed by line 31 the State Energy Resources Conservation and Development line 32 Commission.
line 33 (4)  One representative of the Department of General Services line 34 who is appointed by the Director of General Services. line 35 (5)  One representative of the Department of Transportation who line 36 is appointed by the Director of Transportation. line 37 (6)  One representative of a transit agency who is appointed by line 38 the state board.
line 39 (7)  One representative of a regional transportation agency who line 40 is appointed by the state board.
98 — 3 — SB 496

line 1 (8)  (A)  No fewer than 13 and no more than 21 members selected line 2 by the state board from any of the following categories:
line 3 (i)  (I)  Private fleet owners.
line 4 (II)  No less than 25 percent of the members appointed pursuant line 5 to this paragraph shall be private fleet owners. line 6 (ii)  (I)  State and local government representatives with expertise line 7 relating to government fleets.
line 8 (II)  No less than 25 percent of the members appointed pursuant line 9 to this paragraph shall be public fleet managers. line 10 (iii)  Representatives of electrical corporations. line 11 (iv)  Electric vehicle manufacturing industry experts. line 12 (v)  Representatives of environmental and environmental justice line 13 groups.
line 14 (vi)  Representatives of labor groups.
line 15 (B)  Members appointed pursuant to this paragraph shall serve line 16 on the committee for a minimum of one year and a maximum of line 17 three years.
line 18 43852. (a)  The committee shall meet monthly on an evenly line 19 spaced schedule.
line 20 (b)  (1)  Meetings of the committee shall be open to the public line 21 in accordance with the requirements of the Bagley-Keene Open line 22 Meeting Act (Article 9 (commencing with Section 11120) of line 23 Chapter 1 of Part 1 of Division 3 of Title 2 of the Government line 24 Code).
line 25 (2)  Meetings of the committee shall be recorded and the line 26 recording of each meeting shall be made publicly available on the line 27 state board’s internet website.
line 28 (3)  It is the intent of the Legislature that members of the line 29 committee review materials relating to committee meetings and line 30 engage in constructive dialogue in all meetings. line 31 (c)  The representative of the state board shall be the nonvoting line 32 chair of the committee.
line 33 (d)  A quorum shall consist of a majority of the voting members line 34 appointed to the committee at the time of a meeting. Any action line 35 requires a majority vote of the members present at a meeting at line 36 which there is a quorum.
line 37 43853. (a)  If the state board denies an application for an line 38 exemption or time extension from any requirement of the Advanced line 39 Clean Fleets Regulation, the applicant may appeal the denial to line 40 the committee.
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line 1 (b)  No later than 60 days after the applicant appeals the denial line 2 of the exemption or time extension request to the committee, the line 3 committee shall consider the appeal at a meeting and make a line 4 recommendation to the state board regarding whether the line 5 exemption or time extension request should have been denied. line 6 (c)  The chair of the committee shall serve as the liaison between line 7 the committee and the state board, and shall report the actions and line 8 recommendations of the committee to the state board. line 9 (d)  For each appeal to the committee, all of the following line 10 information shall be made publicly available on the state board’s line 11 internet website:
line 12 (1)  The applicant’s original request for an exemption or time line 13 extension from any requirement of the Advanced Clean Fleets line 14 Regulation and any accompanying information submitted by the line 15 applicant.
line 16 (2)  All materials of the state board relating to the denial of the line 17 exemption or time extension request.
line 18 (3)  The appeal and any accompanying information submitted line 19 by the applicant.
line 20 (4)  The minutes of the meeting during which the appeal was line 21 considered.
line 22 (e)  No later than 60 days after the committee makes a line 23 recommendation pursuant to subdivision (b), the state board shall line 24 consider the recommendation at a public meeting of the state board. line 25 SEC. 2. Article 6.2 (commencing with Section 43860) is added line 26 to Chapter 4 of Part 5 of Division 26 of the Health and Safety line 27 Code, to read:
line 28
line 29 Article 6.2. Advanced Clean Fleets Regulation
line 30
line 31 43860. For purposes of this article, “Advanced Clean Fleets line 32 Regulation” means Article 3.2 (commencing with Section 2013) line 33 of, Article 3.3 (commencing with Section 2014) of, Article 3.4 line 34 (commencing with Section 2015) of, and Article 3.5 (commencing line 35 with Section 2016) of, Chapter 1 of Division 3 of Title 13 of the line 36 California Code of Regulations.
line 37 43861. For purposes of the Advanced Clean Fleets Regulation, line 38 or a similar regulation adopted by the state board, vehicles line 39 reasonably anticipated to respond to emergency situations, or that line 40 support those efforts, and vehicles reasonably anticipated to be 98 — 5 — SB 496

line 1 used by disaster services workers, as described in Section 3100 of line 2 the Government Code, for purposes of responding to the disaster line 3 for which they have been activated, are exempt to the same extent line 4 as authorized emergency vehicles as defined in Section 165 of the line 5 Vehicle Code.
line 6 43862. For purposes of the extension authorized in paragraph line 7 (3) of subdivision (n) of Section 2013, and subdivision (c) of line 8 Section 2013.1, of Title 13 of the California Code of Regulations, line 9 the state board shall not require a fleet owner to submit line 10 documentation showing the executed zero-emissions vehicle line 11 purchase agreement in order to qualify for that extension. line 12 43863. (a)  The state board shall not administer the daily usage line 13 exemption established pursuant to subdivision (b) of Section 2013.1 line 14 of Title 13 of the California Code of Regulations in accordance line 15 with the criteria set forth in that subdivision. Instead, the state line 16 board shall administer the daily usage exemption established line 17 pursuant to that subdivision in accordance with the criteria set line 18 forth in subdivision (b).
line 19 (b)  Fleet owners may request an exemption as specified in line 20 paragraph (2) of subdivision (n) of Section 2013 of Title 13 of the line 21 California Code of Regulations to purchase a new internal line 22 combustion engine (ICE) vehicle of the same configuration as an line 23 ICE vehicle being replaced as specified in paragraph (1) of line 24 subdivision (b) of Section 2013.1 of Title 13 of the California Code line 25 of Regulations if no new battery-electric vehicle (BEV) is available line 26 to purchase that can meet the demonstrated daily usage needs of line 27 any existing vehicles of the same configuration in the fleet, as line 28 determined by the criteria specified in paragraphs (2) to (5), line 29 inclusive, of subdivision (b) of Section 2013.1 of Title 13 of the line 30 California Code of Regulations. If approved, fleet owners shall line 31 place their new ICE vehicle orders within one year from the date line 32 the exemption is granted. The executive officer of the state board line 33 shall not approve exemption requests for a vehicle configuration line 34 that is available to purchase as a near-zero-emissions vehicle. The line 35 fleet owner shall submit the following information by email to line 36 [email protected] to apply:
line 37 (1)  The make, model, weight class, configuration, and a line 38 photograph of the ICE vehicle to be replaced.
line 39 (2)  The BEV that is available to purchase in the same weight line 40 class and configuration with the highest rated energy capacity 98 SB 496 — 6 —

line 1 available. The fleet owner shall submit the make, model, weight line 2 class, configuration, and rated energy capacity of the identified line 3 BEV.
line 4 (3)  (A)  The BEV manufacturer’s available full state of charge line 5 minimum and maximum range specifications in ideal and line 6 less-than-ideal conditions, including when operated in ambient line 7 temperatures below 45 and above 90 degrees Fahrenheit and when line 8 operated under maximum towing capacity loads and climbing road line 9 grades with a minimum 5-percent grade for four miles. If this line 10 information is not available from the BEV manufacturer, a line 11 20-percent reduction in maximum range shall be used for a range line 12 comparison to an ICE vehicle’s range data. For vehicles that line 13 operate truck-mounted or integrated equipment while stationary, line 14 in lieu of supplying the BEV manufacturer’s range specifications line 15 based on vehicle miles traveled, the needed rated energy capacity line 16 is the same as the measured BEV energy use specified in line 17 subparagraph (B). The fleet owner shall submit the calculation and line 18 results.
line 19 (B)  In lieu of providing BEV manufacturer minimum and line 20 maximum range specifications as specified in subparagraph (A), line 21 fleet owners may instead submit measured fuel burn rate data from line 22 ICE vehicles of the same configuration already operated on similar line 23 daily assignments to substantiate their exemption request. line 24 Information shall include vehicle loading and weight data, route line 25 grade, low and high ambient temperatures, and vehicle miles line 26 traveled per day, for three consecutive business days. For vehicles line 27 that operate truck-mounted or integrated equipment while line 28 stationary, the fuel burn rate data shall also include fuel used while line 29 stationary truck-mounted or integrated equipment is operated each line 30 day.
line 31 (4)  A description of the daily assignments or routes used by line 32 existing vehicle configurations with an explanation as to why no line 33 new BEVs available to purchase of the same weight class and line 34 configuration can be charged or refueled during the workday at line 35 the depot, within one mile of the routes, or where ZEV fueling line 36 infrastructure is available. The explanation shall include a line 37 description of why charging could not be managed during driver line 38 rest periods or breaks during the workday.
line 39 (5)  In granting or denying the exemption request, the executive line 40 officer of the state board shall rely on the information submitted 98 — 7 — SB 496

line 1 by the applicant and use their good engineering judgment to line 2 determine whether the information meets the criteria specified in line 3 this subdivision. The executive officer shall include information line 4 regarding their years of related vehicle engineering experience, line 5 certifications, and any professional engineering licenses they have line 6 with a denied exemption request.

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98 SB 496 — 8 —