CC AGENDA / 03/16/2022 1
AGENDA
REGULAR MEETING OF THE CITY COUNCIL
CITY OF IMPERIAL
200 WEST 9TH STREET
IMPERIAL, CA 92251-1637
MARCH 16, 2022
CLOSED SESSION 6:30 PM
OPEN SESSION 7:00 PM
The Imperial City Council meetings, including public comments, are being Livestreamed on the City’s social media pages. By remaining in the room, you are giving your permission to be recorded.
1. You are encouraged to observe the City Council meetings via Livestream at the City of Imperial Facebook page.
2. Email public comments to [email protected] by 5:00 pm on Wednesday, March 16, 2022. Comments received by 5:00 pm will be read into the record during the regular meeting.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT (760) 355-4373. NOTIFICATION 48
HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28CFR 35.102-35.104 ADA TITLE II] A. CITY COUNCIL CONVENES TO CLOSED SESSION AT 6:30 PM.
This is a CLOSED SESSION in which the COUNCIL discusses matters in closed as opposed to open session.
Only those matters authorized by the Brown Act as permissible CLOSED SESSION subjects will be discussed.
They are as follows:
A-1. SUBJECT: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION.
(Significant Exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9) One (1) potential case A-2. SUBJECT: PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)(1)
Title: City Attorney
CITY COUNCIL ADJOURNS CLOSED SESSION
B. CITY COUNCIL RE-CONVENES TO OPEN SESSION AT 7:00 P.M.
ROLL CALL
PLEDGE OF ALLEGIANCE
ADJUSTMENTS TO THIS AGENDA
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
C. PUBLIC APPEARANCES:
C-1. Matters not appearing on the agenda. If you wish to address the COUNCIL concerning any item within the COUNCIL’S jurisdiction, please raise your hand and be acknowledged by the MAYOR, and at that time state your name and address for the record. The MAYOR reserves the right to place a time limit on each person’s presentation of three (3) minutes. It is requested that longer presentations be submitted to the Council in writing.
CC AGENDA / 03/16/2022 2
C-2. Matters appearing on the agenda. If you wish to address the COUNCIL concerning any item appearing on the agenda, please raise your hand and be acknowledged by the MAYOR, and at that time state your name and address for the record. The MAYOR reserves the right to place a time limit on each person’s presentation of three (3) minutes.
D. SPECIAL PRESENTATIONS:
D-1. PROCLAMATION – APRIL 2022 AUTISM AWARENESS MONTH
E. CONSENT AGENDA:
All items appearing under “Consent Agenda” will be acted upon by the City Council by one motion without discussion.
Should any Council member or other person request that any item be considered separately that item will then be taken up at the time as determined by the MAYOR
E-1. Approval of Minutes from Regular Meeting March 02, 2022 E-2. Claims & Warrants Report
F. ACTION ITEMS: (DISCUSSION/ACTION – APPROVE-DISAPPROVE) F-1. SUBJECT: DISCUSSION/ACTION: CITY ATTORNEY APPOINTMENT
1. APPOINTMENT OF KATHERINE TURNER AS CITY ATTORNEY FOR CITY OF
IMPERIAL
2. APPROVAL OF AGREEMENT BETWEEN CITY OF IMPERIAL AND KATHERINE TURNER FOR CITY ATTORNEY PROFESSIONAL SERVICES.
F-2. SUBJECT: DISCUSSION/ACTION: SURFACE TRANSPORTATION BLOCK
GRANT (STBG) PROGRAM
1. APPROVAL OF RESOLUTION 2022-16 AUTHORIZING THE SUBMISSION OF STBG
PROGRAM GRANT APPLICATION FOR THE REHABILITATION OF ATEN BLVD
FROM VILORE WAY TO CROSS AVE AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL ASSOCIATED DOCUMENTS.
F-3. SUBJECT: DISCUSSION/ACTION: WATER SERVICE TO PROPERTIES
OUTSIDE CITY BOUNDARIES
1. APPROVAL TO EXTEND WATER SERVICE TO REAL PROPERTY LOCATED OUTSIDE THE CITY OF IMPERIAL AT APN 064-020-044 ON NANCE ROAD.
F-4. SUBJECT: DISCUSSION/ACTION: CONGESTION MITIGATION AND AIR
QUALITY (CMAQ) PROGRAM
1. APPROVAL OF RESOLUTION 2022-18 AUTHORIZING THE SUBMISSION OF CMAQ
PROGRAM GRANT APPLICATION FOR THE INSTALLATION OF THE ATEN BLVD
CLASS II BIKE LANE FROM VILORE WAY TO AUSTIN ROAD AND
AUTHORIZATION FOR CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL ASSOCIATED DOCUMENTS.
F-5. SUBJECT: DISCUSSION/ACTION: SURFACE TRANSPORTATION BLOCK
GRANT (STBG) PROGRAM
1. APPROVAL OF RESOLUTION 2022-16 AUTHORIZING THE SUBMISSION OF STBG PROGRAM GRANT APPLICATION FOR THE REHABILITATION OF “P” STREET CC AGENDA / 03/16/2022 3
BETWEEN BARIONI BLVD AND ATEN BLVD. AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL ASSOCIATED DOCUMENTS.
F-6. SUBJECT: DISCUSSION/ACTION: CORONAVIRUS RESPONSE AND RELIEF
SUPPLEMENTAL APPROPRIATIONS ACT (CRRSAA) PROGRAM
1. APPROVAL OF RESOLUTION 2022-19 AUTHORIZING THE SUBMISSION OF CRRSAA PROGRAM APPLICATION FOR THE PURCHASE OF TWO (2) 2022 FORM F-150 CREW CAB PICK-UP TRUCKS AND AUTHORIZATION FOR CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL ASSOCIATED DOCUMENTS.
F-7. SUBJECT: DISCUSSION/ACTION: WILDFLOWER NORTH RETENTION BASIN
BLOCK WALL REPLACEMENT
1. AUTHORIZATION TO SEEK BIDS FOR DEMOLITION AND REPLACED OF WILDFLOWER NORTH RETENTION BASIN BLOCK WALL.
F-8. SUBJECT: DISCUSSION/ACTION: RETIREMENT OF IMPERIAL POLICE DEPARTMENT K-9 OFFICER JUDY
1. APPROVAL OF MEDICAL RETIREMENT FOR K9 JUDY AND
AUTHORIZATION OF ADOPTION BY HER HANDLER OFFICER STIFF.
F-9. SUBJECT: DISCUSSION/ACTION: DECLARATION OF SURPLUS LAND
1. ADOPTION OF RESOLUTION 2022-20 DECLARING REAL PROPERTY OWNED BY THE CITY OF IMPERIAL LOCATED AT 401 E. BARIONI BLVD
AS SURPLUS LAND
F-10. SUBJECT: DISCUSSION/ACTION: IMPERIAL PUBLIC LIBRARY MOBILE
DEVICE AGREEMENT
1. APPROVAL AND ADOPTION OF MOBILE DEVICE LENDING GUIDELINES AND AGREEMENT; AND
2. ESTABLISHMENT OF MOBILE DEVICE FINES AND FEES
F-11. SUBJECT: DISCUSSION/ACTION: IMPERIAL PUBLIC LIBRARY CHILDREN’S
AREA FURNISHINGS
1. APPROVAL OF PURCHASE OF FURNISHINGS FOR THE CHILDREN’S AREA
IN THE IMPERIAL PUBLIC LIBRARY IN THE AMOUNT NOT TO EXCEED $12, 012.00.
F-12. SUBJECT: DISCUSSION/ACTION: APPROVAL OF INVOICECLOUD
ELECTRONIC PAYMENT PORTAL
1. APPROVAL OF AGREEMENT BETWEEN INVOICECLOUD AND CITY OF
IMPERIAL FOR ELECTRONIC PAYMENT (PORTAL) PROFESSIONAL
SERVICES.
CC AGENDA / 03/16/2022 4
F-13. SUBJECT: DISCUSSION/ACTION: MUNICODE RECODIFICATION SERVICES AND ANNUAL SUBSCRIPTION.
1. APPROVAL OF AGREEMENT BETWEEN CITY OF IMPERIAL AND
MUNICODE, INC. FOR PROFESSIONAL RECODIFICATION,
SUPPLEMENTATION AND ONLINE CODE HOSTING SERVICES IN THE AMOUNT OF $15,550.00.
ADJOURN CITY COUNCIL MEETING UNTIL THE NEXT REGULARLY SCHEDULED MEETING, WEDNESDAY, APRIL 6, 2022, AT 7:00 P.M.
CC MINUTES / 03/02/2022 1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF IMPERIAL
MARCH 2, 2022
CLOSED SESSION 6:30 PM
OPEN SESSION 7:00 PM
A. CITY COUNCIL CONVENES TO CLOSED SESSION AT 6:30 PM.
MAYOR PRO TEM BURNWORTH CONVENED TO CLOSED SESSION: 6: 30 PM CITY COUNCIL PRESENT: AMPARANO, EUGENIO, TUCKER AND BURNWORTH ABSENT: DALE
STAFF PRESENT: MORITA, BROWN, HOLBROOK, MORA, CHIEF BARRA A-1. SUBJECT: CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION. (Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Section 54956.9).
One (1) potential case.
A-2. SUBJECT: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION.
(Significant Exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9) One (1) potential case A-3. SUBJECT: PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)(1)
Title: City Attorney
MAYOR PRO TEM BURNWORTH ADJOURNED CLOSED SESSION: 7:17PM B. CITY COUNCIL RE-CONVENES TO OPEN SESSION AT 7:00 P.M.
MAYOR PRO TEM CALLED MEETING TO ORDER AT: 7:19pm
CITY COUNCIL PRESENT: AMPARANO, EUGENIO, TUCKER AND BURNWORTH ABSENT: DALE
STAFF PRESENT: GUTIERREZ, HALLER, CHIEF ESTRADA, CHIEF BARRA, MORITA, BROWN,
MORA, HOLBROOK, LOPEZ, ESTRADA, AND LOPER
PLEDGE OF ALLEGIANCE LED BY MORITA
ADJUSTMENTS TO THIS AGENDA
NONE
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
NONE
CC MINUTES / 03/02/2022 2
C. PUBLIC APPEARANCES:
C-1. Matters not appearing on the agenda.
NONE
C-2. Matters appearing on the agenda.
NONE
D. SPECIAL PRESENTATIONS:
D-1. AMERICAN CANCER SOCIETY ACTION NETWORK
MELISSA CURIEL “CURIEL” introduced herself and stated she is community engagement manager for project Vive. CURIEL is also a resident of the City of Imperial. CURIEL provided an explanation and background of what VIVE stands for. CURIEL introduced her Board members joining her as part of the presentation. January 2019 met with City leadership and it was expressed that the City should consider smoke free policies required as part of multifamily housing developments. MENDOZA, a counselor at BBWJH and resident of Imperial, shared data relating to multifamily housing that allow residents to smoke within their apartments. Discussed the most vulnerable population and consequences of second-hand smoke. Asking the Council to take action to pass policy for smoke free out EUGENIO asked if any other cities have these ordinances in effect already? CURIEL stated, no other cities have this policy in effect. No further comments were made by the city council D-2. CITY OF IMPERIAL - SENSUS CUSTOMER PORTAL
ESTRADA AND GUTIERREZ presented the item to the City Council. Expressed his enthusiasm for launching the portal. Estrada reviewed the benefits to customers. GUTIERREZ reviewed screen shots of portal examples using her personal billing account and shared features of the portal. Stressed how you sign up for access. EUGENIO asked if she would be able to see the history of usage on the account prior to her living in the residents. GUTIERREZ stated that the history is tied to the meter, and yes, she could review the usage.
E. CONSENT AGENDA:
E-1. Approval of Minutes from Special Joint Meeting of the City Council and Planning Commission February 2, 2022, Regular Meeting of the City Council February 2, 2022 and Regular Meeting February 16, 2022.
E-2. Treasurers Report for December 2021 and January 2022 MOTION BY AMPARANO TO APPROVE THE CONSENT AGENDA AS PRESENTED.
SECONDED BY TUCKER.
AYES: AMPARANO, EUGENIO, TUCKER AND BURNWORTH
NOES: NONE
ABSTAIN: NONE
ABSENT: DALE
MOTION CARRIED: 4-0
F. ACTION ITEMS: (DISCUSSION/ACTION – APPROVE-DISAPPROVE) CC MINUTES / 03/02/2022 3
F-1. SUBJECT: DISCUSSION/ACTION: REPLACEMENT OF WILDFLOWER
NORTH RETENTION BASIN BLOCK WALL FENCE
DISCUSSION:
LOPEZ presented the item to the City Council. LOPEZ reviewed the location of the project and materials used to replace the fencing. Amparano: asked for clarification that aren’t going to keep with block wall even though the rest is block EUGENIO its conflicting that the chain link is less expensive. AMPARANO asked if we get more graffiti on the chain link, how easy is it to remove the graffiti from that surface? LOPEZ stated that it is similar to the removal process now. EUGENIO asked what is the life span of the block vs. chain link? LOPEZ clarified that it depends on the build and maintenance of the build out. EUGENIO it is a $60k difference between the two but I would like to see a comparison of other options. Direction was given to staff to bring back more information.
ACTION:
EUGENIO MOTIONED TO BRING THE ITEM BACK AND INCLUDE TWO BIDS FOR BLOCK WALL REPLACED AND CHAIN LINK. SECONDED BY TUCKER.
AYES: AMPARANO, EUGENIO, TUCKER AND BURNWORTH
NOES: NONE
ABSTAIN: NONE
ABSENT: DALE
MOTION CARRIED: 4-0
F-2. SUBJECT: DISCUSSION/ACTION: UTILITY BILLING SOFTWARE ANNUAL
MAINTENANCE
DISCUSSION:
ESTRADA presented the item to the City Council. No further discussion was had by the City Council. Mayor Pro Tem Burnworth called for a Motion.
Action: Tucker/Eugenio
TUCKER MOTIONED TO APPROVE THE DISBURSEMENT OF FUNDS FOR UTILITY BILLING SOFTWARE ANNUAL MAINTENANCE SERVICE FEE IN THE AMOUNT OF $21,085.48. SECONDED BY EUGENIO.
AYES: AMPARANO, EUGENIO, TUCKER AND BURNWORTH
NOES: NONE
ABSTAIN: NONE
ABSENT: DALE
MOTION CARRIED: 4-0
F-3. SUBJECT: DISCUSSION/ACTION: WIRELESS BROADBAND
INFRASTRUCTURE PROJECT
ESTRADA presented the item to the City Council. TUCKER asked for clarification where the funds coming from? ESTRADA reviewed the funds from ARPA. BROWN further clarified Council’s past action to a lot nearly $1 million dollars of American Rescue Plan Monies towards broadband infrastructure when they approved the FY 21-22 Municipal Budget. EUGENIO asked what parks will have wifi? Estrada clarified that all parks will have wifi. AMPARANO asked who would be doing the work. ESTRADA stated it would be done in house through CC MINUTES / 03/02/2022 4
collaboration with IT staff and Public Services. AMPARANO expressed his frustration with the Southern Broadband Consortium and stated that he felt they misused their funds. ESTRADA reviewed the difference in fiber network cables and the 5G wifi capabilities this infrastructure would provide. ESTRADA further stated that the life of the system would be between 10 and 15 years. BURNWORTH asked if there was a warranty on the camera system and if the vendor would be responsible for the maintenance? ESTRADA confirmed that there was a five year warranty on the cameras and that the vendors would provide the tech support during that time. No further discussion was held by the Council. BURNWORTH called for a motion ACTION:
MOTION BY AMPARANO TO APPROVE THE DISBURSEMENT OF AMERICAN RESCUE PLAN FUNDS
FOR HIGH-CAPACITY WIRELESS NETWORK, OUTDOOR CAMERAS SYSTEM AND DEMARCATION POINT IN THE AMOUNT OF $734,953.00. SECONDED BY EUGENIO AYES: AMPARANO, EUGENIO, TUCKER AND BURNWORTH
NOES: NONE
ABSTAIN: NONE
ABSENT: DALE
MOTION CARRIED: 4-0
F-4. SUBJECT: DISCUSSION/ACTION: SR 86 IMPROVEMENT PROJECT VISION
BLUEPRINT
DISCUSSION:
BROWN presented the item to the City Council and introduced representatives Johnathan Sanchez (SANCHEZ) and Jenny An (AN) from CR Associates, Inc. SANCHEZ reviewed the history and alternatives of the SR 86 project. AMPARANO expressed his concerns about the amount of money previously stated by DUENAS to fix the drainage and flooding – cost to fix the drainage would be $50 million. Concerned about the drainage. AMPARANO further asked that the roundabouts be made to accommodate multi-axle vehicles. SANCHEZ and AN They are as friendly as they can be, during the design process we will make sure the lane. AN answered the drainage question, in order to generate some of the facilities we have to meet building standards. ROSS asked to speak off line with the individuals AMPARANO referenced. The sizing we’ve done to date is based on the existing size.
EUGENIO asked how were roundabouts responded to in the community outreach? AN stated that residents were very positive and agreed that downtown should be a destination. AN and SANCHEZ stated there is much more work to be done, but this sets the standard for which the land use and engineering plans will move forward and the City can begin applications for various funding sources.
No further discussion was held by the City Council, BURNWORTH called for a vote.
ACTION:
EUGENIO MOTIONED TO ADOPT THE CONCEPTUAL PLAN FOR THE SR 86 IMPROVEMENT PROJECT VISION BLUEPRINT. SECONDED BY TUCKER.
AYES: AMPARANO, EUGENIO, TUCKER, AND BURNWORTH
NOES: NONE
ABSTAIN: NONE
ABSENT: DALE
MOTION CARRIED: 4-0
CC MINUTES / 03/02/2022 5
MAYOR PRO TEM BURNWORTH ADJOURNED THE CITY COUNCIL MEETING AT 8:58 PM UNTIL THE NEXT REGULARLY SCHEDULED MEETING, WEDNESDAY, MARCH 16, 2022, AT 7:00 P.M.
1 RESOLUTION NO. 2022-20
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IMPERIAL DECLARING PURUSANT TO GOVERNMENT
CODE SECTION 54221 THAT REAL PROPERTY OWNED
BY THE CITY LOCATED AT THE NORTHWEST
CORNER OF HIGHWAY 86 AND BELFORD ROAD IS
SURPLUS LAND AND NOT NECESSARY FOR THE
CITY’S USE
WHEREAS, the City of Imperial (“City”) is the owner in fee simple of that certain real property located at 401 E Barioni Blvd. and described in Exhibit “A”, attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, under the Surplus Land Act, Government Code sections 54220 through 54233 (the “Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, the Property is approximately 0.43 acres in size, with one vacant and dilapidated structure, is not currently being used by the City, and due to its size and location would require significant investment to develop; and
WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations and determined that the Property is not suitable for the City’s use; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; and
WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The above-referenced recitals are true and correct and are incorporated herein.
2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use. The basis for this declaration is that the property is of a relatively small size, 2 there is no planned city facility or building for the site, and due to its size and location would require significant investment to develop.
3. The City Clerk is hereby directed to send a notice of availability, substantially in the form attached hereto as Exhibit “B” and made a part of hereof, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail.
APPROVED, PASSED AND ADOPTED, at the regular meeting of the City Council this 16 th
day of March, 2022.
__________________________________
Geoff Dale, Mayor
ATTEST:
_______________________
City Clerk
3 EXHIBIT A
LEGAL DESCRIPTION
PAR 1 PER PMW ALSO BEING W POR BLK 70 & POR ABAND ST TSTE OF IMPERIAL A.P.N.: 063-130-007
4 EXHIBIT B
March 16, 2022
To All Interested Parties:
RE: Notice of Availability/Offer to Sell Surplus Property As required by Government Code Section 54220 of the State of California, the City of Imperial (City) is providing notification that the City intends to sell the following surplus property:
Surplus Land Property Description
Jurisdiction Name City of Imperial
Jurisdiction Type City
Site Address/Intersection 401 E. Barioni Blvd
City Imperial
ZIP Code 92251
County Imperial
Assessor Parcel Number 063-130-007
Consolidated Sites N/A
General Plan Designation Commercial
Zoning Designation C-2
Minimum Density Allowed N/A
Maximum Density Allowed N/A
Parcel Size 0.43 acres
Existing Use/Vacancy One vacant and dilapidated structure Last Appraised Value $130,000.00
Last Appraised Date April 8, 2021
In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the City may market the property to the general public.
As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level. 5 In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to Alexis Brown, Assistant City Manager, at 420 South Imperial Avenue, Imperial, CA 92251. You may also direct your questions to [email protected] or by calling (760) 355-4371.
Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).